Pedestrians are known to suffer life-threatening injuries when struck by vehicles. If you recently suffered catastrophic injuries after being hit by a car, your entire life changes. It is critical that you access the compensation you will need to cover your expenses so you are not forced to deal with financial instability on top of the emotional trauma and physical consequences of your injuries.
When you need legal help but are unsure where to turn, reach out to an experienced Greenville personal injury lawyer at Shelly Leeke Law Firm for a free consultation.
When Pedestrians Have the Right of Way
Under South Carolina law, pedestrians have the right of way any time they are walking on a sidewalk or crossing walk. Pedestrians are required to travel on the shoulder of the road if there are no sidewalks or crosswalks available.
However, even when pedestrians have the right of way, that does not stop drivers from striking them. If you have suffered critical injuries after being hit by a driver and have the right of way, you may have grounds for legal action against the person who hit you.
Your pedestrian accident lawyer in Greenville, SC, is here to help you maximize the amount of compensation you could be awarded. Do not be surprised if the defendant attempts to argue that you did not have the right of way. Your attorney will be by your side to ensure liability is established accurately in your case.
Common Pedestrian Accident Injuries to Sue for in Greenville
Pedestrian accidents are often catastrophic. When a motor vehicle crashes into a pedestrian, the injuries people sustain are often life-threatening. Those who survive often wind up dealing with the implications of their injuries for years to come.
Your pedestrian accident attorney in Greenville, SC will be by your side to help you prove the severity of your injuries, the extent of your damages, and the defendant’s liability. Some of the more common types of pedestrian accident injuries you may be able to sue for include:
- Psychological distress
- Post-traumatic stress disorder (PTSD)
- Extreme anxiety and depression
- Broken and fractured bones
- Traumatic brain injuries, such as penetrating brain injuries
- Spinal cord injuries, including paralysis
- Herniated discs and other types of back injuries
- Third-degree burns
- Friction burns, including road rash
- Whiplash and other soft tissue injuries
- Neck injuries and back injuries
If you were diagnosed with another type of pedestrian accident injury we did not include in the list above, we may still be able to help you get justice. Do not hesitate to contact our pedestrian accident lawyers to learn more about what legal options may be available to you.
Negligence and Blame for Greenville Pedestrian Accidents
Establishing liability and proving negligence is critical in the majority of pedestrian accident claims. Our pedestrian accident attorneys will need to show the defendant was negligent for your insurance claim or civil lawsuit to be successful. The elements of negligence include:
- Duty of care
- Breach of duty
Essentially, we will need to demonstrate that the defendant in your case was responsible for keeping you safe and breached this responsibility in some way. The breach in the defendant’s duty of care must cause your damages and pedestrian accident injuries.
All drivers owe a duty of care to pedestrians. Any time a driver strikes you, they may be found in violation of their duty of care. Your attorney’s thorough investigation will uncover the evidence needed to prove the liable party’s recklessness and negligence so you can recover the compensation you deserve.
Do Not Forget About Shared Fault Laws
One of the top ways liable parties attempt to reduce their financial liability is by blaming the pedestrian for causing the accident. The driver who hit you may argue that you did not have the right of way or are otherwise partially at fault for the injuries you sustained.
Thankfully, the state of South Carolina does not follow a pure contributory negligence system. Instead, we follow modified comparative negligence laws. Here, as long as your portion of liability is not greater than 51%, you can still be awarded compensation for your suffering, even if you are partially to blame.
If you did not have the right of way at the time of the accident, the judge might find you 10% responsible for your injuries, for example. If the jury awarded you $1 million for your pedestrian accident injuries, you could expect your settlement to be reduced by 10%. This would leave you with a total settlement valued at $900,000.
This is a $100,000 deduction. This could significantly impact the amount of compensation you are awarded. For this reason, it is important to have a reputable attorney by your side who will not let the liable party attempt to take advantage of you during your greatest time of need.
Time Is Running Out to File Your Greenville Pedestrian Accident Claim
Are you ready to fight for the compensation that is rightfully yours? Getting started on your Greenville pedestrian accident lawsuit is important before the statute of limitations runs out.
Although South Carolina law has a robust three-year statute of limitations in place, three years can fly by. We want to avoid risking waiting to get started on your case and lose the opportunity to recover evidence that may only be available for a short period of time, such as video footage or witness statements.
Unfortunately, any claims not filed before the statute of limitations expire will not be heard by the Greenville civil court system. You can avoid potential issues with the statute of limitations by having an attorney get started on your pedestrian accident claim as soon as possible after the collision.
Contact a Greenville Pedestrian Accident Lawyer for Help Today
The pedestrian accident claims process can often be complex. When your injuries have consumed your life, and you need legal guidance and help to make the at-fault party pay, do not hesitate to contact a dedicated Greenville bicycle accident attorney at Shelly Leeke Law Firm.
Our firm is proudly offering pedestrian accident victims across Greenville free consultations. You can claim yours when you call our office or fill out our secured contact form.