Almost everyone is a pedestrian at some point during their day. Anyone who walks their dog, pushes a stroller, uses a wheelchair, or travels anywhere on foot is a pedestrian. Sadly, pedestrians are especially vulnerable to negligent motorists and could suffer severe or fatal injuries if a car hits them. If your family has experienced this tragic situation, contact a legal representative immediately.
Our Walterboro pedestrian accident lawyers could assist you in pursuing damages for your injuries. Under the law in this state, an at-fault must pay damages to anyone they injure. With the help of a compassionate personal injury attorney at Whetstone Perkins & Fuld, you could get compensation for your out-of-pocket expenses and payments to reimburse you for your mental and emotional suffering.
Safety Laws Governing Pedestrians
Contrary to popular belief, pedestrians do not always have the right of way. Although they are entitled to use the sidewalk as they please, laws govern how they can use the roads. Violating these laws could reduce a pedestrian’s recoverable damages after a crash. That said, drivers are responsible for being aware of their surroundings and avoiding people walking on roads, regardless of the circumstances.
Although pedestrians must use sidewalks, they may walk or jog on the road’s shoulder if one is not available. If the road does not have a shoulder or a sidewalk, they must walk as far to the left as possible, facing traffic. Pursuant to South Carolina Code § 56-5-3270, a pedestrian under the influence of alcohol must walk on sidewalks and cannot walk on roads.
Additionally, those traveling on foot in Walterboro must cross at crosswalks and follow all traffic signals. If there is no crosswalk, the pedestrian must yield to oncoming traffic and not cross until the way is clear. A skilled attorney could explain pedestrian laws in further detail during your consultation.
How to Prove a Driver was At-Fault for a Pedestrian Collision
Most accidents between pedestrians and motor vehicles are the driver’s fault. Motorists often do not take reasonable caution when operating their vehicles. Likewise, many drivers fail to recognize walkers or joggers before striking them. However, even if a driver does not receive a citation for violating the law, they could be negligent for not operating their vehicles with due care.
When a hardworking lawyer in Walterboro handles your pedestrian crash claim, they investigate the incident to find evidence of driver negligence. In addition to collecting relevant information, legal team members can do the following:
- Speak with victims and witnesses
- Review police reports
- Interview emergency responders about observations they may not have recorded in their official reports
- Obtain dashcam videos, security footage, or images from nearby cameras
- Analyze physical evidence
Once a legal representative has evidence that a driver was at-fault for your crash, they can contact the motorist’s insurer. Often, attorneys will send a letter to insurance companies describing your damages and demanding fair compensation on your behalf. The insurer might respond to the demand letter with a settlement offer, but negotiations could proceed before an agreement is made.
The Benefits of Working with a Crash Attorney
Very few civil lawsuits ever get to trial. In fact, many cases settle before the injured person files a lawsuit. Because it is unlikely that your case will go to trial, you may question whether they need an attorney to handle insurance company negotiations. However, if you speak directly with an insurer, they will record all interactions and use anything the injured person says against them.
Fortunately, a significant advantage to retaining legal counsel is that insurance companies cannot contact you directly. Likewise, attorneys in Walterboro know how to correctly value your pedestrian collision case, ensuring you receive fair payments for your injuries. Working with a seasoned professional gives you the best chance of receiving the maximum damages the evidence supports.
Rely on a Walterboro Attorney to Press Your Claim for Damages
After being hit by a car, healing will likely take all of your energy. Contacting a Walterboro pedestrian accident lawyer soon after your collision could allow you to focus on your physical and emotional recovery.
Do not hesitate to reach out to us to discuss your situation. Call today to speak with our seasoned attorneys.