Who Is Responsible for Pedestrian Accidents in South Carolina?

Pedestrian accidents can have devastating consequences, leading to severe injuries or even fatalities. If you or a loved one has been involved in a pedestrian accident in South Carolina, understanding how responsibility is determined is key. Explore answers to common questions regarding who may be responsible for pedestrian accidents in South Carolina.

With the trusted legal guidance of a Charleston pedestrian lawyer, you may find out that you qualify for large or multiple personal injury settlements. Discover who is liable and what your legal options are from MDSW Law Firm.

What Factors Contribute to Pedestrian Accidents in South Carolina?

Understanding the factors that contribute to pedestrian accidents is key to pinpointing liability. Common factors include distracted driving, speeding, failure to yield the right of way, impaired driving, disregard for traffic laws, inadequate road design or maintenance, and poor visibility conditions. A South Carolina personal injury lawyer will help you file the proper claim.

Can Multiple Drivers Be Held Responsible for Pedestrian Accidents?

Yes, drivers can be held responsible for pedestrian accidents if their negligence or recklessness caused or contributed to the accident. South Carolina follows the legal principle of comparative negligence, which means that responsibility for an accident can be shared among multiple parties.

If the driver’s actions or inactions violated traffic laws, such as failing to yield to pedestrians in crosswalks, driving under the influence, or distracted driving, they may be held liable.

Are Pedestrians Ever at Fault for Accidents in South Carolina?

Yes, pedestrians can also be at fault for accidents in South Carolina. Pedestrians have a duty of care to follow traffic laws and exercise caution while crossing roads or walking near traffic. If a pedestrian acts negligently, such as crossing against a traffic signal or jaywalking, and their actions contribute to the accident, they may be found partially or entirely responsible.

Can Other Parties Be Held Responsible for Pedestrian Accidents?

Yes, parties other than drivers and pedestrians can be held responsible for pedestrian accidents in certain circumstances. For example, if a vehicle defect, such as faulty brakes or malfunctioning headlights, contributed to the accident, the manufacturer or distributor of the defective vehicle may be held liable.

Additionally, if poor road conditions, inadequate signage, or lack of proper maintenance played a role in the accident, the responsible government entity may be held accountable. Pedestrian injury claims can be complex, so the need for a personal injury attorney shouldn’t be dismissed quickly. Weigh the pros and cons of having legal support after using a free case review session.

What Laws in South Carolina Protect Pedestrians?

South Carolina has specific laws in place to protect pedestrians in accidents. Here are some key laws that aim to ensure the safety of pedestrians:

Right-of-Way Laws

South Carolina law requires drivers to yield the right-of-way to pedestrians who are legally crossing the road within a marked crosswalk or at an intersection. Drivers must come to a complete stop and remain stopped until the pedestrian has safely crossed the road.

Pedestrian Signals

Pedestrian signals are traffic control devices that indicate when pedestrians can safely cross the road. In South Carolina, pedestrians are required to obey these signals. When the pedestrian signal displays “Walk,” pedestrians have the right-of-way to cross the road, while drivers must yield to them.

Prohibition of Passing Stopped Vehicles

South Carolina law prohibits drivers from passing or overtaking a vehicle that has stopped at a crosswalk to allow a pedestrian to cross. This law ensures that pedestrians have a safe and uninterrupted path to cross the road.

Duty to Exercise Due Care

South Carolina law requires both drivers and pedestrians to exercise due care to prevent accidents. Drivers must safely operate their vehicles, while pedestrians must use caution and follow traffic laws when crossing roads or walking near traffic.

School Zone Safety

South Carolina has specific laws to protect pedestrians in school zones. These laws often include reduced speed limits and enhanced penalties for traffic violations committed within school zones. These measures aim to prioritize the safety of children and pedestrians near educational institutions.

While these laws exist to protect pedestrians, it is still crucial for pedestrians to exercise caution and be aware of their surroundings when crossing roads or walking near traffic. Following traffic laws and using designated crosswalks can help reduce the risk of accidents and ensure pedestrian safety.

How Can Responsibility in a Pedestrian Accident Be Determined?

Determining responsibility in a pedestrian accident requires a thorough investigation of the circumstances surrounding the incident. This investigation may involve gathering evidence such as:

• Police reports
• Witness statements
• Surveillance footage
• Accident reconstruction analysis
• Expert opinions

An experienced personal injury attorney can help navigate this process and gather the necessary evidence to establish liability.

What Legal Options Are Available to Pedestrians Injured in Accidents?

Pedestrians injured in accidents have legal options to seek compensation for their injuries and damages. They may file a personal injury lawsuit against the at-fault party or parties involved to cover costs for medical expenses, lost wages, pain and suffering, and other damages related to the accident.

Consulting with a knowledgeable pedestrian injury attorney in South Carolina can help you understand how much your specific case qualifies for and how long it may take to receive your settlement.

Is There a Time Limit for Filing a Pedestrian Accident Claim in South Carolina?

Yes, South Carolina has a statute of limitations, which sets a time limit for filing a personal injury claim. In most cases, the statute of limitations for pedestrian accident claims is three years from the date of the accident. Failing to file a claim within this timeframe may result in losing the right to seek compensation.

How Can a Personal Injury Attorney Help in a Pedestrian Accident Case?

A personal injury attorney with experience in pedestrian accidents can provide invaluable assistance throughout the legal process by conducting a thorough investigation, gathering evidence, negotiating with insurance companies, assessing damages, and advocating for fair compensation on your behalf.

Level the playing field against insurance companies and other parties involved by utilizing the legal services of a reputable personal injury law firm in South Carolina.

Get the Help Required to Seek Lucrative Compensation in a Pedestrian Accident

Determining responsibility for pedestrian accidents in South Carolina requires a careful examination of the circumstances and evidence surrounding the incident. Drivers, pedestrians, and other parties may share responsibility based on their actions or negligence, and expert guidance may be needed to uncover additional settlement funds.

With MDSW Law Firm, you will receive tailored support, compassion, and quality customer service. If you have been injured in a pedestrian accident, consult with our experienced pedestrian accident attorneys who serve Charleston, SC, and the surrounding areas. We can assess your case, protect your rights, and help you pursue the compensation you deserve.