Can I File a Claim for Damages if I'm Injured in a Pedestrian Accident?
If you’re hurt in a pedestrian accident, you can file a claim for damages like medical bills, lost wages, pain and suffering, and property damage. To succeed, you must first show that the driver was at fault, such as by speeding or running a red light. Then, you must prove your losses to obtain compensation.
If you or a loved one has been injured in a pedestrian accident, a pedestrian attorney will help protect your rights and seek compensation.
Understanding Pedestrian Rights in Charleston
In Charleston, pedestrians have rights, including the following:
- Drivers must yield to pedestrians in crosswalks
- Pedestrians have the right-of-way on sidewalks
- Cars must stop for people getting on or off buses
When drivers violate pedestrian rights, collisions and serious injuries can result.
Types of Damages You Can Claim
If you’re hurt in a Charleston pedestrian accident, you might be able to get money for your losses. This might include medical bills and much more, as injuries can affect many economic and non-economic aspects of your life.
To file a claim, you need to show the driver was at fault. This could mean they were distracted, speeding, ran a red light or stop sign, didn’t yield to you in a crosswalk, or violated another traffic law. Your pedestrian accident lawyer can present evidence to prove both fault and the compensation you deserve in your claim.
Steps to Take After a Pedestrian Accident in Charleston
If you’re hit by a car while walking, you should:
- Call 911 right away
- Get medical help as soon as possible
- Avoid speaking with insurance companies and never accept a settlement offer before you have legal representation
In Charleston, you generally have three years from the date of the accident to file a lawsuit. But it’s best not to wait long to call a lawyer, as you want to begin preserving evidence and building a claim as soon as possible.
What if You Were Partly at Fault?
South Carolina uses modified comparative negligence, which means you can still file a claim if you were partly at fault. However, your compensation will be reduced by your percentage of fault, and if you’re more than 50% at fault, you can’t recover any damages at all. If an insurance company is trying to blame you, discuss the matter with your attorney, who can address unfair accusations of fault.
What if the Driver Left the Scene?
Unfortunately, hit-and-run accidents happen. If this happens to you, don’t give up hope – there are still options in hit-and-run cases. Report your accident to the police right away, seek medical attention, and then consult a pedestrian accident attorney. Even if they never find the driver, you might be able to file a claim with your own insurance.
Hire an Experienced Charleston Personal Injury Lawyer
Our pedestrian accident attorneys from John Price Law Firm will guide you through the process of filing a claim after a pedestrian injury in Charleston. We know the local laws and can help you understand your rights while fighting to get you the compensation you deserve. Focus on getting better and let us handle the rest. Call us at (843) 552-6011 or contact us online for a free case evaluation today.