You have every right to file a personal injury lawsuit after a pedestrian accident. Charleston lawyers can help you fight for fair compensation that addresses your financial losses without introducing more stress into your life, especially if you’re dealing with internal and other severe injuries.
The Thumbs Up Guys believe in making legal advice accessible to everyone in South Carolina. That’s why we’ve offered legal representation on a contingency fee basis since 2018. Injured pedestrians can collaborate with our Charleston personal injury lawyers to hold liable parties accountable for common injuries, no matter how complicated a case may seem.
Pedestrians have no external protection from roadway dangers in North Charleston and greater South Carolina. Motorists, construction crews, and government officials must uphold the duty of care that they owe to these parties. If they don’t, the Thumbs Up Guys will meet them in the courtroom.
Common Causes and Locations of Pedestrian Accidents
While pedestrians have certain obligations to uphold on the road, including the obligation to remain visible and to follow posted traffic signs, motorists and their affiliates have the greatest obligation to ensure pedestrian safety. Failure to uphold the duty of care owed to pedestrians can make negligent drivers vulnerable to civil lawsuits, per SC Code Sec. 56-5-3230.
With that in mind, frequently occurring causes of pedestrian accidents include:
- Distracted driving
- Intoxicated driving
- Failure to follow traffic laws
Additionally, according to National Highway Traffic Safety Administration (NHTSA) data on pedestrian safety, these crashes are also more likely to happen in certain situations. When you’re hit by a vehicle while walking in one of these places or conditions, turn to a Charleston, SC, pedestrian accident lawyer for help:
- Non-intersection roads
- At night or in low-visibility conditions like foggy weather
- Hit-and-run situations
For a free legal consultation with a pedestrian accidents lawyer serving Charleston, call (843) 380-8350
Get a Free Consultation With a Pedestrian Accident Attorney
Our experienced attorneys focus on providing all injury victims with legal representation. We offer free consultations with personal injury lawyers. This no-risk consultation can help accident victims discover whether their case has a strong legal standing.
Since our firm works on a contingency fee basis, you can feel confident that your odds of victory are high if we agree to take your case. Contact us today to get the ball rolling on your accident claim.
Charleston Pedestrian Accident Lawyer Near Me (843) 380-8350
Experienced Charleston Pedestrian Accident Lawyers Can Help You Hold the Right People Responsible for Your Losses
You must focus on recovering from physical and financial injuries. Your pedestrian accident lawyer will handle every part of your case, including the following:
- Gathering police and medical reports
- Speaking with eyewitnesses from the accident
- Consulting with expert witnesses like accident reconstructionists
- Collecting additional evidence
- Negotiating with insurance companies
- If necessary, representing you at trial
A pedestrian accident attorney in Charleston, SC, will also keep you updated on the progress of your case. We can answer any questions you may have regarding the legal process and your next steps.
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Do I Need a South Carolina Pedestrian Injury Lawyer?
After a pedestrian accident, many people want to move on from the experience as soon as possible so they can get their life back to normal. If you were injured, you may be worried that hiring a lawyer will make your case drag on forever.
While it is certainly possible to settle a claim quickly without a lawyer by accepting the insurance company’s first offer, it is never a good idea. Insurance companies prey on claimants who want to receive a quick settlement and move on by offering an amount that is far below what is needed for a full recovery.
Hiring a personal injury lawyer is always the smart move. A Charleston, SC, pedestrian injury attorney knows how to work the system to your advantage. Even after you have paid your attorney, once you receive your settlement, the average take-home amount is drastically higher for claimants who hire an attorney than for those who don’t.
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Proving Negligence in a Pedestrian Accident
If you want to prove that you can request economic and non-economic damages from a liable party, you must indicate that:
- A liable party owed you a duty of care at the time of your pedestrian accident.
- The liable party violated that duty through avoidable negligence and/or deliberate recklessness.
- Your injuries and other losses are a direct result of that accidental or intentional negligence.
Fortunately, there’s a wide range of evidence you can use to prove these points. What’s more, you don’t have to gather it alone. In our quest to secure compensation for pedestrian accidents, we can connect you with professional investigators who can look more closely into the nature of your recent collision.
Once we have enough data to meet the state’s burden of proof, we can reach out to insurers and/or file your personal injury claim with South Carolina’s civil circuit.
Contracts and Your Case
There are some circumstances in which contracts may impact our ability to assign liability for your pedestrian accident. For example, say you got into an accident with a bus. We need to determine the following:
- What company or governmental department the bus driver works for
- What contract that bus driver works on
- What other evidence of negligence we can apply to your case
If the bus driver responsible for your pedestrian collision works as an independent contractor, you may have the right to hold that at-fault party accountable for your losses. However, you may not have the right to sue their clients. Comparatively, you can sometimes sue corporations whose drivers cause unreasonable accidents.
Finally, there are rules for accidents caused by the negligence of a government employee. In such cases, you may have the right to sue that government department or Charleston County for your losses. Our team can help you work through the intricacies of qualified immunity and reduced filing timelines if the need to do so arises.
What Evidence Will Be Used to Prove My Case?
When building your case, your pedestrian injury lawyer will need to gather evidence to support your claim. There are many things that could be valuable in proving your claim, including:
- Hospital bills
- Medical records
- Receipts for all associated expenses
- Statements from your doctor and physical therapist
- Documents from your employer
- Expert testimony
- Witness testimony
- Photos from the accident scene
The more evidence your personal injury attorney has to work with, the better position they will be in to get you compensation.
Continue Getting the Medical Care You Need
Our pedestrian accident attorneys in Charleston recognize that the most common injuries resulting from today’s collisions can include the following:
- Temporary or permanent paralysis and loss of limb function
- Amputation
- Spinal cord injuries
- Back and neck Injuries
- Soft tissue injuries
- Traumatic brain injury
- Broken bones and/or fractured bones
- Skin damage requiring reconstructive surgeries
If you want to financially recover from your accident, we encourage you to continue seeking out essential medical treatments for these conditions and any others that might stem from your pedestrian collision. Pursuing care lets insurers know that you’re taking your injuries seriously.
Continued medical treatments also put you in touch with additional expert witnesses, all of whom can lend their understanding of your injuries (and those injuries’ relationship to your lack of protection on the road) to your legal claim.
For What Kind of Damages Can I Recover Compensation?
When you suffer a pedestrian accident injury, you may be eligible for compensation to cover a wide array of damages, including the following:
- Medical bills
- Future medical costs
- Property damage
- Lost wages
- Lost earning potential
- Pain and suffering
- Mental anguish
- Lost enjoyment of life
On top of recovering compensation for these types of damages, you may also receive punitive damages if the driver of the vehicle that harmed you is found to have behaved in a reckless manner.
Punitive damages aren’t for covering a specific cost you have incurred as a result of your accident. Instead, they are meant as a punishment for the driver’s dangerous behavior.
Options for Recovering Compensation
If you have been injured as a pedestrian, you are entitled to compensation. Typically, you are going to be seeking compensation from the driver’s insurance company. However, in South Carolina, drivers are only required to carry $25,000 in liability coverage.
A Charleston pedestrian accident attorney knows all of your options for recovering the full cost of your damages, including using your own insurance if you have uninsured or underinsured motorist coverage. This coverage extends to protect you even when you are not in your vehicle.
A pedestrian accident lawyer can also help identify any possible third party that might hold partial responsibility for your accident. There may be multiple defendants in your claim.
Pedestrian Accidents and Wrongful Death Claims
If a liable party’s negligence results in the death of a loved one, you can work with our team to pursue a wrongful death lawsuit. We can gather the evidence necessary to pursue negotiations with insurance companies without infringing on your family’s need to grieve. We can also take your case straight to court.
We understand that the economic and non-economic damages you receive when pursuing a pedestrian accident wrongful death case will not replace your loved one’s presence in your life. However, financial aid can make it easier to manage a loved one’s:
- Funeral expenses
- Mortuary fees
- Lost income
- Remaining expenses
If you want to pursue a claim for compensation in the wake of a loved one’s fatal accident, you can book a free case evaluation with the Thumbs Up Guys today. We will not let the injustice of your loved one’s death go unanswered.
The Thumbs Up Guys Advocate for Maximum Compensation on Behalf of Injured Pedestrians
Negligence causes the vast majority of today’s devastating pedestrian accidents. These accidents most frequently take place at intersections, where responsible parties violate their duty of care and accidentally or purposefully put pedestrians at risk for temporary or permanent disabilities.
Fortunately, pedestrian accident victims can turn to our personal injury law firm for guidance after a collision. The Thumbs Up Guys and Charleston, SC, pedestrian accident lawyers take pride in holding insurance adjusters accountable for the losses our clients sustained due to someone else’s negligence.
Our legal team doesn’t shy away from difficult cases, and we won’t make your recovery more complicated. Whether you want to take your case to court or negotiate with an insurance provider for a fair settlement, you can count on our experienced attorneys to represent your best interests. Book your free pedestrian accident case consultation now.
Pedestrian Accident FAQ
Do I Need an Attorney?
While you can legally represent yourself, it’s not a good idea. The defendant and insurance company will have powerful attorneys on their side, and you need someone in your corner who knows how to stand up to them. We can fight for your rights and give you the best chance at significant compensation.
How Much Does a Pedestrian Accident Lawyer Cost?
Your personal injury lawyer won’t cost you any money upfront. Your attorneys will cover the cost of legal necessities that can help win your case. In addition, you will not be required to pay for the lawyer’s time in advance.
Fortunately, you don’t have to worry about paying a fortune for our services. We offer our services on a contingency fee basis for pedestrian accident clients. That means that if you don’t get paid, then we don’t get paid. This payment system also works to give you the assurance that we are truly doing everything in our power to win your case.
What Does a Pedestrian Injury Attorney Do?
A pedestrian injury lawyer will handle all aspects of your case so that you can focus on recovery. After hiring an attorney, we will take over all negotiations with the insurance company, relaying any compensation proposals we receive and advising you on whether the offer is worth taking or not.
A pedestrian injury attorney will manage all of the steps of building a court case. At the same time, we will continue to engage with the insurance company on your behalf in an attempt to get you a fair settlement offer. That way, you can hopefully settle your claim quickly and avoid an unpredictable courtroom battle.
If your case does go to court, your lawyer will defend your interests at trial and do everything in their power to get you the money you need.
Is a Pedestrian Accident Attorney Worth the Cost?
When trying to recover compensation to pay for medical bills after a pedestrian accident, you will most likely find yourself in a battle with an insurance company. Fighting on your own could result in your claim being denied or undervalued. With the help of a pedestrian accident lawyer, your chances of recovering the full cost of your damages increase dramatically.
When you have your initial consultation with a pedestrian injury lawyer in Charleston, you will discuss the cost. You will agree upon the lawyer’s fee, which will come in the form of a percentage of the final settlement or court decision.
Many people worry that the percentage you will pay will mean you will lose too much of your settlement. However, in most cases, the amount an accident victim retains after paying their attorney is far higher than what they would have received if they had represented themselves.
How Long Do I Have to File a Pedestrian Accident Claim?
It is always important to be aware of the statute of limitations when taking legal action. In the State of South Carolina, pedestrian accident victims have three years from the accident date to file a lawsuit.
While three years should be plenty of time to get your pedestrian injury lawsuit filed, delaying could still be costly. The closer your lawsuit is filed to the date of the accident, the better.
Your memory and the memory of any witnesses you rely upon in building your case will grow less focused as time passes. Additionally, the accident scene could undergo changes with more time, which could make proving your case more difficult.
Call or text (843) 380-8350 or complete a Free Case Evaluation form