No matter how safe you are as a pedestrian, there’s always a chance that a driver could break the rules of the road and end up hitting you. Negligent drivers are dangerous because they’re not only putting their passengers and other motorists at risk, but they’re also endangering people with less protection, like pedestrians.
If you’ve been hit by a vehicle as a pedestrian, you need the help of one of a Columbia pedestrian accident lawyer to get the justice and compensation you deserve for your injuries and damages.
When it comes to pedestrian accidents, they typically cause the person stuck to suffer far more catastrophic injuries than vehicle occupants. If you’ve, unfortunately, suffered harm or a close family member died after a motorist hit you or your relative, be sure to reach out to us at The Solomon Law Group, LLC to discuss the legal avenues available to you to potentially recover compensation for your losses. Consultations with our injury attorneys are free.
How Often Are Individuals on Foot Struck?
As stated above, pedestrian accidents are more dangerous for the person walking, not the driver of the car. In 2022, there were nearly 7,522 pedestrians killed in traffic collisions and more than 67,000 injured nationwide, according to the National Highway Traffic Safety Administration (NHTSA). This is unsettling to think about, as we all travel by foot at some point in time in our lives.
South Carolina is also the fifth-highest state for pedestrian fatalities, according to NHTSA FARS data from 2022. That rate is higher than the national average, which shows that our state has a lot of work to do to protect those traveling by foot.
Common Injuries Pedestrians Suffer
The injuries that pedestrians may suffer in a collision with a vehicle are wide-ranging and include:
- Bruises and lacerations
- Burns
- Sprains and strains
- Broken bones
- Head injuries and traumatic brain injuries
- Neck and back injuries
- Spinal cord injuries, giving way to paralysis
- Severed limbs necessitating amputation
If you don’t see your injury on the list above, a Columbia pedestrian accident lawyer may still advise you that you’re entitled to receive compensation for your crash-related losses. So, reach out to us at The Solomon Law Group, LLC to find out for sure.
Duty of Care Obligations Pedestrians and Drivers Have
When a collision happens that injures a person crossing the street or walking on a sidewalk, South Carolina law might entitle them to file a claim against the person who struck them.
In the Palmetto State, it’s up to both drivers and pedestrians to follow the rules of the road that apply to them to avoid a collision.
Just because you’re walking in a crosswalk doesn’t mean that you can’t be at fault in a pedestrian accident. You can still be deemed negligent and be considered partially at fault for the collision, depending on whether you exercised your duty of care leading up to the accident.
There are several reasons you could be held at least partially accountable for causing your own injuries, including:
- Not using a marked crosswalk
- Ignoring traffic signals
- Running in front of a vehicle
- Breaking the flow of traffic
That being said, motorists are often responsible for impact crashes that injure or kill individuals walking. Some ways drivers violate their duty to exercise reasonable care they’re supposed to show to pedestrians include by:
- Engaging in distracted driving
- Drinking and driving
- Speeding
- Failing to yield to pedestrians in crosswalks
- Ignoring traffic signals
- Not signaling when turning
Another factor that can make pedestrians vulnerable to getting hit is lighting or visibility. Even with headlights on, it can be difficult to spot people on or walking alongside the road and in crosswalks at dusk or at night.
Most traffic collisions that involve the death of a person walking happen at night. A 2019 NHTSA Traffic Safety Facts report detailed how pedestrians had the highest chance of being struck and killed by a vehicle from 6 p.m. until 3 a.m. The use of reflective clothing can enhance a driver’s ability to see someone traveling by foot.
When a driver or a pedestrian has broken the duty of care and caused an accident, either one can be held responsible for their negligent actions. You can count on any Columbia pedestrian accident attorney from our office to know how to fully investigate what happened to determine who was liable for the crash.
How a Columbia Pedestrian Accident Lawyer Determines Liability
South Carolina follows a comparative negligence rule in personal injury cases. The fault of all participants will be considered when determining liability and subsequent compensation in cases like these. Under our state’s laws, not only may an injury victim not be able to recover a settlement if they were 51% or more responsible for causing the accident that led to them getting hurt, but even if they are eligible to receive compensation, any financial recovery they make might be reduced by their percent of fault for its occurrence.
Liability can be complicated to determine, which is why you’ll want a pedestrian accident attorney in Columbia, SC on your side advocating for you if you’re hurt. One of our attorneys will be able to help determine who was at fault for your accident so you can get the full and fair compensation that you deserve.
The Solomon Law Group, LLC Can Help You If You Were Struck While Walking
Our Columbia law firm understands how stressful it can be to take legal action, especially when you already have a lot on your plate.
Recovering from your injuries and caring for your family doesn’t have to take a back seat to justice—we can help alleviate some of the burden of building a case and dealing with insurers. Hiring a Columbia pedestrian accident lawyer allows you to keep focusing on your healing while we handle the legal side of things for you.
Contact us today so we can get started on your potential claim and get you back to your normal life.
