Walking around town is one of the most pleasant ways to enjoy Orangeburg on a beautiful day. Unfortunately, it also makes you vulnerable to dangerous drivers, who may leave you injured and suffering without compensation for your injuries.
At the Shelly Leeke Law Firm, we understand how difficult it can be to hold drivers accountable when they harm you. That is why you may need an Orangeburg personal injury lawyer to help you get compensated when you have been injured. Reach out for the help you need from our personal injury team.
Orangeburg Pedestrian Right of Way Laws
When you are injured in an Orangeburg pedestrian accident, right-of-way laws can impact your claim. You have the right of way in many cases as a pedestrian, but the at-fault party may try to claim that you were not obeying traffic laws, and that caused the accident, not their negligence.
Pedestrians have the right of way when crossing the street at a crosswalk. Vehicles are required to stop and let you pass at a crosswalk. You also have the right of way when there is no sidewalk, and you have to use the road. If there is no crosswalk, pedestrians must yield the right of way to vehicles before crossing.
Who Could Be Liable for Your Pedestrian Accident Injuries
When you are hurt in a pedestrian accident, you may have difficulties identifying the person responsible for your suffering. Typically, the at-fault party is the one who caused your injuries. However, it is not always that simple.
For example, you may have been injured by someone driving as part of their job. A delivery driver may have struck you. In these cases, the driver’s employer may be responsible for paying for your injuries, not the driver.
In other cases, you may be eligible for compensation from a government agency because they failed to ensure public roadways were safe for pedestrians. For example, you may have been injured because the signage was unclear and another driver hit you, or a pothole caused a driver to lose control and strike you.
Unsure who is responsible for your claim? Contact us to learn more about your options to file a claim.
How the Orangeburg Pedestrian Accident Claims Process Works
When a driver hurts you in a car crash, you may have grounds for a lawsuit. To begin, you must identify the at-fault party and determine what your claim is worth before you file.
Once you have the correct information ready, you and your lawyer will gather evidence, file your paperwork, and serve the papers to the at-fault party. Once this step is complete, the judge will set a date for your claim if the at-fault party is unwilling to negotiate.
From there, your lawyer will represent you in the courtroom. That way, you have the legal support you need and can focus on your health and recovery, not the legal steps you must take following a devastating accident.
Common Types of Recoverable Damages After a Pedestrian Accident in Orangeburg
When you are hurt by a careless driver in an Orangeburg pedestrian accident, you must know what damages you can recover. Your lawyer can guide you through this process and ensure you get all compensable and punitive damages, as seen below.
Special damages cover the financial losses you suffered because of your pedestrian accident case. These damages cover any economic loss for both your current and future suffering.
For example, you may already need compensation for your medical bills. However, you also know that you will need surgery in the future once you have healed. You should not have to pay out of pocket for those future surgeries just because you need them after your claim.
Your Orangeburg pedestrian accidents attorney can determine and estimate what these damages are worth and damages for your lost wages, property damage, and other special damages.
General damages are intangible costs for your accident. These cover the mental and emotional suffering you have experienced, and they can be difficult to determine without a lawyer’s tools.
For example, you may be unsure how to determine what your pain is suffering is worth. If you have questions like these, contact a pedestrian accidents attorney in Orangeburg, SC, for specific guidance on your claim.
Punitive damages are only awarded in cases where the at-fault party was wantonly negligent or specifically tried to injure you. These damages are meant to punish the wrongdoer, not to compensate you for a specific injury. Because of this, these damages are not always awarded.
Talk to your pedestrian accidents lawyer in Orangeburg, SC, if you believe you are eligible for punitive damages. Your attorney can determine whether you are due these damages and can request these damages directly from the judge during your lawsuit.
The South Carolina Personal Injury Statute of Limitations
When you are hurt in an Orangeburg pedestrian accident, your time limits begin as soon as the accident happens. If you do not act within these time limits, you may be denied your due compensation.
In South Carolina, you only have three years to file a claim. If you are concerned that you will not be able to act in time, talk to a lawyer about your time limits and what you can do to speed up the process.
Other SC Personal Injury Laws Impacting Your Orangeburg Pedestrian Accident Case
Beyond these time limits, Orangeburg pedestrian accident victims must ensure they do not accept partial fault for the accident. South Carolina’s shared fault laws state that if you are partly at fault for your accident, your compensation may be reduced by that amount.
For you, that may mean losing a portion of your compensation that leaves you paying out of pocket for someone else’s negligence. Talk to your lawyer about maximizing your compensation during your lawsuit.
Contact a Pedestrian Accident Attorney in Orangeburg, SC for Help Today
You may be especially vulnerable to injuries and damage when you are hurt in a pedestrian accident because you have no protection. Unfortunately, that does not mean that the at-fault party will be willing to compensate you for the suffering they caused.
If you are having trouble holding the at-fault party accountable, contact the team at the Shelly Leeke Law Firm. We understand how difficult it can be to get compensated, and we will work hard to ensure each client gets the maximum compensation they are due. If you have any questions for an Orangeburg pedestrian accidents lawyer, reach out for a free consultation by calling or completing our online form.