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Few collisions are as devastating as those involving pedestrians. Life-altering injuries and even death can result when a motor vehicle hits someone traveling on foot. In many cases, the negligent motorist can be held liable for the consequences of their actions.
When you or a loved one has been struck by a reckless driver, consult with a Charleston pedestrian accident lawyer from Geel & Gentry, LLC. An experienced attorney from our firm could review the circumstances of your situation and advise you whether legal action is warranted.
Collisions between motor vehicles and pedestrians are often the driver’s fault. South Carolina Code of Laws § 56-5-3230 requires drivers to be attentive to their surroundings and avoid harming pedestrians or people in human-powered vehicles such as bicycles and wheelchairs. The state also has laws for pedestrians, to protect them and help drivers avoid them. When an injured pedestrian follows these laws, our attorneys can make a stronger case against a careless driver.
Pedestrians must use sidewalks when available. In areas without sidewalks, pedestrians may walk on the roadway but should stay as far left as possible, facing oncoming traffic. Pedestrians should also cross at marked crosswalks unless there are none; in that case, they must yield to oncoming traffic and cross only when the way is clear.
Although it is important not to drive while drunk, it is equally important not to walk on the roads while impaired: The U.S. Centers for Disease Control estimates about one-third of fatal pedestrian accidents involve pedestrians above the legal limit for alcohol. If you have had too many drinks, call a friend or a car service—do not try to walk home on the roads. An attorney from our firm could answer any of your questions about the laws governing pedestrians in Charleston and how they may affect your situation.
A pedestrian seeking compensation after an accident must prove the driver was negligent; that is, the driver failed to exercise the same degree of caution a reasonable person would have under the circumstances.
Breaking the law is negligence per se, which means a Charleston attorney from Geel & Gentry, LLC must only prove the violation of law and need not offer other evidence of negligence. A citation for an infraction such as speeding, texting, or driving under the influence could trigger liability for a pedestrian accident.
Sometimes a pedestrian is negligent—such as if you stepped into traffic without looking, wore dark clothing at night without reflectors or visibility aids, or were intoxicated—and so a jury might find you partially responsible for an accident. While the law allows a negligent plaintiff to collect damages when the other party was primarily responsible for the incident that caused their injuries, the court would deduct a percentage of your damages to reflect your responsibility.
In a personal injury lawsuit, damages could include reimbursement for out-of-pocket losses such as medical bills, time off work, and property damage. If you cannot return to work or require ongoing medical care, damages could also cover those expenses. Documentation such as medical bills, tax records, invoices, and receipts can serve as evidence of these losses.
Damages might also pay for non-economic losses, such as pain and suffering or emotional trauma. You could also receive money to compensate for disfigurement, disability, or lost enjoyment of life. Proving non-economic damages can be difficult; obtaining maximum compensation for non-economic damages requires a skilled courtroom attorney who knows how to present your losses to a Charleston jury.
Consider speaking with our knowledgeable attorneys when you are hurt in a pedestrian accident. At Geel & Gentry, LLC, we offer free consultations and do not get paid unless you win your case. You have nothing to lose by learning about your legal options.
We will not let a careless driver get away with what they have done. Contact a Charleston pedestrian accident lawyer from our firm today.
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