Pedestrian accidents are common throughout the State of South Carolina. Many pedestrian accidents cause serious bodily injury or death due to the lack of a protective barrier between a pedestrian and an automobile. A Denny Terrace personal injury lawyer can help you seek monetary compensation for your injuries if you were involved in a pedestrian accident.
Individual victims who suffer injuries during pedestrian accidents may experience temporary or permanent disability. Unfortunately, the lack of a protective barrier means that pedestrians absorb a large portion of the total force of impact during a collision. If you or a loved one were injured during a pedestrian accident, then you can benefit from retaining a South Carolina personal injury lawyer.
Common Causes of Pedestrian Accidents in South Carolina
Pedestrian accidents occur throughout the State of South Carolina, including Denny Terrace. Motorists, bicyclists, and pedestrians are all capable of causing pedestrian accidents, and any injured party must file their pedestrian accidents claim within three years of the date of the injury. The following are some of the most common causes of pedestrian accidents:
- Reckless driving
- Driving while intoxicated
- Not adhering to traffic laws and regulations
- Ignoring traffic signs
- Distracted driving
It is critical to assess the conditions that gave rise to a pedestrian accident. Numerous factors may be relevant to a civil lawsuit, and oftentimes, pedestrians who suffer injuries are not knowledgeable about South Carolina pedestrian laws. Whether or not the individual at fault for the accident was wanton, willful, or malicious will determine if punitive damages may be claimed in the case.
Assessing Liability in a Pedestrian Accidents Case
It is often difficult to ascertain what is going on in the first moments after a pedestrian accident. Unfortunately, most parties do not have any way to determine who caused the accident. However, Denny Terrace pedestrian accidents attorneys and insurance claim adjusters will need to determine liability if insurance claims are going to be filed regarding the pedestrian accident.
Many pedestrian accident cases will focus on two main areas: liability and damages. The damages amount is the harm suffered by the plaintiff. Liability is concerned with who was responsible for causing the accident and whether a party had a legal duty to try to prevent the accident from occurring.
Common Types of Injuries Victims Suffer During Pedestrian Accidents
Pedestrian accidents are particularly dangerous because pedestrians do not have a protective barrier around their bodies to shield them during an accident. Unfortunately, some pedestrian accidents result in fatalities. The following are the most common types of injuries victims suffer during pedestrian accidents:
- Traumatic brain injuries
- Spinal cord injuries
- Internal bleeding
- Internal organ damage
- Multiple lacerations
- Fractured bones
Sometimes, injured victims suffer temporary or permanent disability due to the severity of their injuries. Pedestrian accidents are unpredictable, and a victim may also suffer severe burns if a fire occurs during a pedestrian accident. It is, therefore, necessary for all pedestrian accident victims to seek medical attention as soon as possible after an accident.
The Actions to Take After a Pedestrian Accident in Denny Terrace
You need to take specific actions and seek out a Denny Terrace pedestrian accidents attorney if you are involved in a pedestrian accident in Denny Terrace. It is necessary to seek medical treatment as soon as possible after the accident. It is possible that you do not notice any symptoms associated with your injuries, and you will need a physician to provide you with an accurate diagnosis.
It is also important to notify emergency personnel and law enforcement agencies about the incident. If you can do so without suffering further injuries, seek out contact information from the witnesses and the other driver. Also, take photographs and videos of the property damage, the accident scene, and your injuries.
Once you seek medical care, you can keep an injury journal and update it by including information about your medical treatment and surgeries. After you feel good about your health, you can seek out the services of a knowledgeable pedestrian accidents attorney in Denny Terrace. You will then be able to provide your attorney with important facts regarding your pedestrian accident case.
The Use of Expert Witnesses in Pedestrian Accident Cases
The majority of pedestrian accident cases are settled before trial. However, it is still a good idea to retain expert witnesses during settlement negotiations and litigation to ensure that opposing counsel knows you are serious about pursuing your legal claims. An expert witness may be necessary to counteract the testimony that the defendant’s expert is going to put on the record.
Expert witnesses can be used to discover what documents should be requested during the discovery phase of litigation. Also, expert witnesses can provide objective assessments of factors that contributed to the pedestrian accident. Lastly, experts can provide a detailed analysis of how the total damages amount in a pedestrian accident case should be calculated.
Alternative Dispute Resolution
Alternative dispute resolution is an important component of any pedestrian accident case. Settlement negotiation, mediation, and arbitration are the three primary forms of alternative dispute resolution. By avoiding trial and promoting settlement, the parties can work together to resolve the case without using valuable judicial resources.
Settlement negotiation may occur anytime during litigation. Mediation typically occurs over several hours, and a mediator will speak to the parties individually in an attempt to help the parties resolve their dispute. Arbitration may be binding or non-binding, and it is more formal than mediation.
The Attorneys at the Shelly Leeke Law Firm Are Here for You
Pedestrian accidents are often tragic events that affect the injured victims and their loved ones for decades. Seeking legal representation at a time of grief and suffering can be difficult. However, you have the right to seek monetary compensation for your injuries, and you can contact us today to schedule a free consultation.
You do not have to take on a civil lawsuit on your own. Retaining a pedestrian accidents lawyer in Denny Terrace will give you the time to focus on healing while you spend time with your loved ones. Reach out to our attorneys today to learn more about the legal options available to you.