\When pedestrian accidents occur, the consequences for victims can be devastating. That’s why it’s so important to seek legal representation from a Hilton Head pedestrian accident lawyer after such an incident.
From navigating complex legal procedures to ensuring fair compensation, our experienced Hilton Head personal injury lawyers can be your strongest ally in times of distress. Contact the Thumbs Up Guys now—we’re available 24/7 and are ready to give you your free case evaluation, so don’t delay.
What Qualifies as a Pedestrian Accident?
A pedestrian accident typically refers to any incident involving a collision between a motor vehicle and a person traveling on foot, whether walking, jogging, running, standing, or sitting. These accidents can occur on roads, sidewalks, crosswalks, parking lots, or any area where pedestrians and vehicles share space.
Common scenarios include:
- Vehicle striking a pedestrian while crossing the street legally in a crosswalk.
- Hit-and-run incidents where a driver flees the scene after hitting a pedestrian.
- Collisions occurring due to driver negligence, such as speeding, distracted driving, or failure to yield to pedestrians.
- Accidents caused by poor road conditions or inadequate pedestrian infrastructure.
Pedestrian accidents often result in severe injuries or fatalities for the pedestrian due to the vulnerability of individuals on foot when colliding with a motor vehicle.
Additionally, if you’ve been in a car accident, our Hilton Head car accident lawyers can assist you. Let The Thumbs Up Guys review your case today.
Determining Liability After a Pedestrian Incident
Determining liability in a pedestrian accident involves assessing various factors to establish who is at fault for the incident. Here’s a breakdown of how liability is typically determined:
Traffic Laws
The first step is to review relevant traffic laws and regulations. These laws dictate the responsibilities of both drivers and pedestrians on the road, including rules regarding crosswalks, traffic signals, right of way, and speed limits.
Driver’s Actions vs. Pedestrian’s Actions
The conduct of the driver involved in the accident is closely examined. This includes assessing whether the driver was speeding, distracted (e.g., texting or using a phone), driving under the influence of alcohol or drugs, disobeying traffic signals, or engaging in reckless behavior.
Similarly, the actions of the pedestrian leading up to the accident are evaluated. Pedestrians are expected to exercise reasonable care for their safety, such as using crosswalks, obeying traffic signals, and looking both ways before crossing the street.
Right of Way
Determining who had the right of way at the time of the accident is crucial. In many cases, pedestrians have the right of way in designated crosswalks or when crossing with a green signal. However, there are exceptions, such as jaywalking or crossing against a signal.
Case Evidence
Eyewitnesses and any available evidence, such as surveillance footage or accident reconstructions, can provide valuable insights into what occurred and who was at fault. Notify your attorney of any potential sources of evidence.
Comparative Negligence
South Carolina follows comparative negligence laws, where fault may be apportioned between the parties involved based on their respective degrees of negligence. This means that even if a pedestrian is partially at fault for the accident, they may still be entitled to some compensation.
Both determining and proving liability can be tricky, especially for those without legal experience. Get the help you deserve with our Hilton Head pedestrian accident attorneys.
Recovering Compensation for Your Losses
In a pedestrian accident, victims may suffer various damages, both tangible and intangible, which can have significant impacts on their lives. When pursuing compensation for such accidents, it’s crucial to understand the types of damages that can be recovered.
Here are the damages commonly sought in pedestrian accident cases:
- Medical expenses: This includes current and future medical bills related to injuries sustained in the accident, such as hospitalization, surgeries, medication, rehabilitation, therapy, and assistive devices.
- Lost income: Pedestrian accident victims may be entitled to compensation for wages lost due to the inability to work during recovery. This covers both past and future income that the victim would have earned had the accident not occurred.
- Pain and suffering: Non-economic damages like pain, accident trauma, emotional distress, anxiety, depression, and loss of enjoyment of life are compensable. These damages are harder to quantify but are aimed at compensating the victim for the physical and emotional toll of the accident.
- Permanent disability or disfigurement: If the pedestrian accident results in permanent impairment or disfigurement, the victim may be entitled to compensation for the loss of earning capacity and quality of life.
- Property damage: Compensation for damage to personal property, such as clothing, electronics, or any items damaged during the accident, may be recoverable.
- Loss of consortium: In cases where the accident leads to the loss of companionship, affection, or assistance of a loved one, the victim or their family may seek damages for loss of consortium.
- Wrongful death: If the pedestrian accident results in death, surviving family members may pursue compensation for funeral and burial expenses, loss of financial support, and the emotional suffering caused by the loss of their loved one.
Get a Free Case Evaluation With Our Pedestrian Accident Lawyers in Hilton Head
Hiring a Hilton Head pedestrian accident lawyer can make all the difference in your journey toward justice and recovery. With the complexities of personal injury law and the challenges of proving negligence, having The Thumbs Up Guys on your side can provide peace of mind and a path forward.
Whether you’re facing medical bills, lost wages, or emotional trauma, our team is dedicated to advocating tirelessly on your behalf. Remember, you don’t have to face this journey alone. Contact us now to get your free case evaluation and to speak with a compassionate legal professional.