There is no inherent guarantee that a driver will look out for you or your safety when walking across the street or in an open parking lot. Pedestrian accidents occur regularly, and the walker almost always fairs worse for the walker than the person in the vehicle.
According to the Governors Highway Safety Association (GHSA), drivers struck and killed nearly 7,485 people on foot in 2021. This is the highest number of pedestrian deaths in a single year that the agency has witnessed in over four decades. When you have been hurt in a pedestrian accident, contact a Walterboro pedestrian accident attorney at the Shelly Leeke Law Firm. Our Walterboro personal injury lawyers are committed to working tirelessly on your case in order to maximize your compensation, so you can focus on healing.
Common Causes of Pedestrian Accidents
In the blame game between pedestrians or vehicles, it is easy to blame the pedestrian for choosing to get in the way of the vehicle. However, a majority of pedestrian accidents happen because of the driver’s negligence.
Some common causes of pedestrian accidents include failing to yield the right of way, distracted driving, inclement weather, driving under the influence, and more.
Failing to Yield the Right of Way
Drivers intentionally make left turns without considering the pedestrian’s right of way. This often happens because drivers focus on other cars instead of noticing the presence of pedestrians walking through the crosswalk.
Instead of being alert to the presence of other pedestrians, drivers focus on their cell phones or the actions of their passengers. When drivers take their eyes off the road, there’s a greater possibility that the driver will not notice the pedestrian until it’s too late.
Inclement Weather Conditions
Rain, snow, and fog can limit a driver’s visibility. When a driver’s visibility is lowered, they can potentially miss a pedestrian’s presence while crossing the street or walking along the side of the road.
Driving Under the Influence
Drivers who are intoxicated are sure to harm other pedestrians. Their ability to operate a vehicle safely is impacted by the alcohol or substances in their body.
Parties that Can Be Held Liable in Pedestrian Accidents
It’s not just the drivers whose negligence can cause harm to pedestrians. Government agencies can also be held liable for pedestrian accidents. Some government agencies are responsible for maintaining crosswalks and other safety features for pedestrians.
If these features become defective, they can jeopardize a pedestrian’s life. If the markings of a crosswalk have disappeared, drivers may not know how to slow down and prepare for pedestrians to cross. It’s the responsibility of government agencies to make sure that these features are up-to-date and safe for use.
When they don’t, it may be a sign of negligence.
Common Injuries Caused by Pedestrian Accidents
Anyone in a car accident knows how serious the injuries can be. Being struck by a car as a pedestrian is just as dangerous, if not more. Pedestrians can suffer from various injuries, from broken bones to spinal cord injuries.
Depending on the impact of the accident, pedestrians can die at the scene of the accident. Even the minor injuries that pedestrians suffer can become permanent over time. Soft tissue injuries are injuries that can become more dangerous when they are left untreated.
Pedestrians seriously injured from car accidents have the right to take legal action.
How a Pedestrian Accident Attorney in Walterboro, SC, Can Help
When you have been hurt in a pedestrian accident, there are several parties that you have to battle for compensation. The first is the driver, who wants to avoid being held liable for your accident. The next could be a government agency that wants to avoid being held liable for its negligence.
The next is the driver’s insurance company which will do everything in its power to avoid paying out your claim. You want to ensure you have the highest chance of receiving your desired compensation. That’s why you want a pedestrian accident attorney in Walterboro, SC, to help you with your claim.
Calculating Your Damages
Walterboro pedestrian accident lawyers know how to assess your damages accurately. You may have been offered a settlement amount by the driver’s insurance company that looks good. But it may not even cover what you need for compensation.
A pedestrian accident attorney in Walterboro, SC, can estimate what you are owed for compensation. Even if you want to settle your claim, a pedestrian accident lawyer in Walterboro, SC, can help you negotiate for a larger amount than the insurance company offers.
Resolving Your Claim
A Walterboro pedestrian accident attorney can also give you the best solution for your claim. There are a couple of ways that you can resolve your claim: through a settlement or a trial verdict.
You may want to take your claim to trial without knowing what that decision entails. It could take you longer to receive your compensation. You may also want to accept a settlement offer from the driver’s insurance company that’s not in your favor.
Your pedestrian accident attorney in Walterboro, SC, can provide the best resolution for your claim. You want someone with the right legal expertise to guide you in the right direction with your claim.
Proving the Other Party’s Negligence
You also want someone who can effectively prove the other party’s negligence. Your ability to prove the other party’s negligence can influence so many factors of your claim. Insurance adjusters will be more open to settling your claim.
You may also be able to negotiate for a larger amount of compensation. Pedestrian accident attorneys know how to prove another party’s negligence in an accident. They can gather the best evidence to prove how the other party’s actions contributed to your accident.
They can also prevent the insurance adjusters from establishing your negligence. In pedestrian accidents, insurance adjusters often look for ways to blame the pedestrian for their accident. Your pedestrian accident attorney in Walterboro, SC, can prove that the other party is the main party who is liable for your accident.
Contact a Pedestrian Accident Attorney in Walterboro, SC, Today
You don’t have to fight for your compensation alone. Contact a Walterboro pedestrian accident attorney from the Shelly Leeke Law Firm today. Our legal team ensures you receive the compensation you deserve for your injuries. Contact us online, or call our office to schedule a free case evaluation.