Your Legal Questions Answered.
Answering Your Questions. Protecting Your Legal Rights.
If you or a loved one has been involved in an accident, you probably have many questions. Below are the answers to many questions faced by accident victims in South Carolina. If you do not see the answer to your question, just call our office or email Shelly directly - [email protected].
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Can I still file a personal injury claim if I was hit while crossing outside of a crosswalk?
Even though you may have been crossing the street outside of a crosswalk, you can still file a South Carolina personal injury claim. South Carolina does have laws that relate to pedestrians walking outside of a crosswalk; however, this type of case would be harder for you to win on your own. The insurance adjuster will likely try to discredit your claim, citing the fact that you were not in a crosswalk, but an experienced injury attorney who is familiar with South Carolina pedestrian laws, will help you to win compensation for your SC pedestrian accident.
I was not hit by a motorist in South Carolina, but they did cause me to crash and sustain injuries. Can I still recover damages for my accident?
Yes, there are instances where you would still be able to recover damages even if you were not physically hit by a motorist. A driver of a motor vehicle can be held liable if they were found to have been negligent while traveling on the roadway. For example, a motor vehicle driver could have swerved towards a cyclist, causing the cyclist to also swerve and crash. In this case, the motorist would be found liable and responsible for the damages and injuries sustained in the accident because they were being negligent.
If you have been in a bicycle accident similar to the one described above, contact a Charleston bicycle accident attorney at 1-888-690-0211 to set up a free case evaluation.
What should I do after I have been involved in a bicycle accident?
Immediately after the accident you should call 911 and move out of the roadway to safety. If possible, do not move your bicycle; it is best if the police officer can see the bicycle in the original position it was in after the accident. While you are waiting for the police officer to arrive, collect information from anyone who may have witnessed the accident. Also, take pictures of the scene of the accident and collect the driver's contact information and the information of any passengers in the vehicle. Do not discuss who was at fault with the driver. Once the officer arrives, file an official accident report and be sure to get a copy of the report as well as the contact information for the police officer. Seek medical assistance immediately if you are injured and make sure to keep all documentation of your injuries. Even if you do not feel as though you are injured, it is recommended that you go to a doctor anyway just in case. You should then contact an attorney about the accident. An experienced South Carolina bicycle accident attorney will be able to determine whether or not you should pursue a lawsuit against the driver.
What exactly is a pedestrian accident and doesn't a pedestrian always have the right of way?
A pedestrian accident occurs when a motor vehicle hits a person who is traveling by foot. This type of accident is known to happen near intersections, but can also occur anywhere along the roads or in parking lots. Although most often the pedestrian has the right of way, there are other instances when they do not. Pedestrians should be cautious of their roadways and cannot simply walk wherever they choose. As a pedestrian, you should always use a crosswalk when crossing the street and be sure that all cars have come to a complete stop.
If I was involved in a pedestrian accident, what damages should the settlement cover?
The settlement is meant to help with all of the damages caused by the motor vehicle. This could include expenses such as medical bills, lost income and future earning power, and costs for rehabilitation. Moreover, your settlement may also cover the pain and suffering that you may have experienced as a direct result of the accident.
I was crossing the street and was hit by a car. What should I do?
Call the police and make sure that you wait where the accident occurred until medical help arrives. While you are waiting, if possible, try to write down all of the contact information of the driver, including name, address, phone number, drivers license and license plate number, registration, and insurance company and policy number. Also, make sure that you write down the contact information for anyone who may have seen the accident when it happened. If the police do not come to the scene of the accident, you should file a report as soon as possible. Let your insurance company know about the accident. Also, even if the accident was a hit-and-run, make sure that you report it to the police and your insurance company.
What do I do if I was hit by an uninsured motorist?
With your insurance policy, you most likely have uninsured motorist coverage. This means that your insurance company will pay for the losses. This is also why it is very important to report any and all accidents involving a car, even though you were not in a car yourself.
I was hit by an automobile while crossing the street. Does it matter if I was not in a crosswalk?
No, you may have a claim against the driver that hit you, even if you were not in a cross walk. Driver’s have a duty to avoid negligently hitting pedestrians. Any number of factors can contribute to a compensable claim, such as whether you looked before crossing the street, was the driver of the vehicle distracted, texting, talking on the cell phone, and any number of additional factors. Keep in mind, the insurance company may try to use the fact that you were not in a cross walk to discredit your claim, so you should speak with an experienced pedestrian accident attorney about your case before talking to the insurance company. Call us today for a Free Case Evaluation.
Who will pay for my medical bills if I am a pedestrian who was struck by an automobile?
The at fault driver’s insurance company is responsible for your medical bills, pain and suffering, and lost wages caused by the negligence of that driver in causing the collision with a pedestrian. If you carry your own insurance policy, your policy may also pay for your medical bills and even pain and suffering in excess of the amount of coverage available from the at fault driver’s policy, depending on the coverage you carry through your own policy. Contact us for Free Case Evaluation today.