Pedestrian Accident Attorneys in York County, South Carolina

Being struck by a car while walking to your destination can result in severe injuries and even death. As a pedestrian, you have the right to navigate the streets safely without fear of being hit by vehicles. Pedestrian accidents occur frequently and can leave victims struggling physically, emotionally, and financially.  

Fortunately, you might be entitled to compensation for the harm you have suffered in a pedestrian accident. Our attorneys at Duncan and Nobles LLC are here to protect your rights and help you get the compensation to which you are entitled. Reach out to our pedestrian accident attorneys in York County, South Carolina, to get professional and skilled guidance. We serve accident victims in Rock Hill and throughout Lancaster County and Chester County. 

Pedestrian Accidents and the Rules

Like drivers, pedestrians have certain obligations and rules to follow. Under South Carolina law, pedestrians must walk on sidewalks when available. Pedestrians have the right of way on the sidewalk. However, if no sidewalks are present, pedestrians can use the shoulder of the road to travel. If there is no sidewalk and no shoulder, pedestrians must travel on the far-left side of the road to face oncoming traffic.  

When there are crosswalks, pedestrians should use them because it is the safest way to cross an intersection or street. When the crossing signal turns green, the pedestrian should look both ways before crossing the intersection or street. When crossing anywhere other than a crosswalk, pedestrians must yield the right of way to traffic.  

Drivers are required to yield the right-of-way to pedestrians in crosswalks and at intersections. In cases where there are no signals, drivers must exercise due care and caution to avoid hitting pedestrians. Some of the things that drivers can do to prevent pedestrian accidents include slowing down in school zones and pedestrian-heavy areas, looking out for pedestrians crossing the street, and avoiding distracted driving. 

Fault Determination

South Carolina is an at-fault car insurance state, which means that if you are a pedestrian who has been hit by a vehicle, you must prove that the driver was responsible for the accident in order to recover damages. If you are a pedestrian who has been hurt in an accident, your legal remedy involves filing a claim with the at-fault driver’s insurance company or pursuing legal action in court. 

It is equally important to understand South Carolina’s modified comparative negligence laws, which dictate that even if a pedestrian was partially at fault for the accident, they can still seek damages. In such a situation, the amount of compensation received would be reduced in proportion to the percentage of the pedestrian’s fault.  

For instance, if a pedestrian is determined to be 25% responsible for the accident that resulted in their injuries, their compensation could be lowered by 25%. It’s important to note that if you are found to be 51% or more at fault for your accident, you may not be able to recover any compensation. 

South Carolina Statute of Limitations

The statute of limitations refers to the amount of time a pedestrian has to file a lawsuit after being involved in an accident. In South Carolina, the statute of limitations for personal injury cases, including pedestrian accidents, is generally three years from the date of the accident. This is the time limit that you must comply with to file a lawsuit against the at-fault driver. Delaying a lawsuit beyond the statute of limitations can result in the dismissal of the case, which means that the pedestrian will not be able to seek damages. 

Damages Available

Pedestrian accidents can cause significant injuries and come with significant costs. The damages available after a pedestrian accident will depend on the severity of injuries, the impact of the injuries on your ability to work and enjoy your life, and other circumstances of your case. Generally, damages that may be available to a victim of a pedestrian accident may include: 

• medical expenses 

• lost wages 

• property damages 

• pain and suffering 

• loss of enjoyment of life 

• diminished earning capacity 

• rehabilitation costs 

You might want to schedule a consultation with our pedestrian accident attorneys in York County, South Carolina, to discuss your individual case, determine recoverable damages, and put a dollar value on your injury claim.  

What Should You Do Next?  

If you were injured in a pedestrian accident, it is important to do the following: 

1. Get medical help. Do not delay seeking medical attention after a pedestrian accident, even if you do not think you are injured. Some injuries may not be apparent immediately after the accident but could still be serious. 

2. Call the police. Contact the police immediately, even if the accident seems minor. You will need a police report when filing your claim later on.  

3. Document the scene. Take pictures of the scene, including the vehicles involved, skid marks, your injuries, and other relevant details.  

4. Get witness information. If there were eyewitnesses to the accident, get their contact information. They may be able to provide valuable testimony in your personal injury case. 

If your loved one lost their life or was severely injured to the extent that they cannot pursue compensation on their own, you may be able to file a wrongful death lawsuit or a personal injury claim on their behalf to get justice and recover damages.