If you’ve been hit by a vehicle while walking or traveling by foot, you need the help 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 suffered harm or a close family member died because of a negligent motorist, 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. The only way to move forward is to completely understand all your options.
How Often Are Individuals on Foot Struck?
As stated above, pedestrian accidents are more dangerous for the person walking than for the car’s driver. 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, especially if you have children walking to school.
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 much 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
- 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
A Columbia pedestrian accident lawyer can advise you about the scope of compensation you may be entitled to receive for your crash-related losses.
Duty of Care Obligations Pedestrians and Drivers Have
In the Palmetto State, it’s up to 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 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 scenarios where 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 should show to pedestrians include:
- Engaging in distracted driving
- Drinking and driving
- Speeding
- Failing to yield to pedestrians in crosswalks
- Ignoring traffic signals
- Not signaling when turning
Lighting or visibility is another factor that can make pedestrians vulnerable to getting hit. Even with headlights, it can be difficult to spot people walking along the road or entering into crosswalks at dusk or 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 on 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 thoroughly 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, the amount of your settlement can be reduced by the percentage of fault you are assigned. You can still get compensation; it might just be less than you had hoped for.
Determining liability can be complicated, so you’ll want a pedestrian accident attorney in Columbia, SC, to advocate 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 maximum compensation that you deserve.
Types of Compensation Available for Injured Pedestrians
If you’ve been hit by a car while walking in Columbia, you may be entitled to compensation for the physical, financial, and emotional toll of your injuries. Often, pedestrian accidents result in severe harm due to the lack of protection a person has compared to vehicle occupants.
As a result, the damages in these cases can be extensive. Your compensation may include:
Medical Expenses
Pedestrian accidents can cause serious injuries. Often, this requires costly medical care. Your claim can seek compensation for:
- Emergency room visits and hospital stays
- Surgeries and medical procedures
- Doctor’s appointments and specialist care
- Prescription medications
- Physical therapy and rehabilitation
- Assistive devices like crutches, braces, or wheelchairs
- Long-term or in-home medical care for permanent injuries
Lost Wages and Future Earnings
Severe injuries can force you to miss work or even prevent you from returning to your job. Your claim may include:
- Wages lost during your recovery
- Reduced earning capacity if your injuries prevent you from returning to your previous line of work
- Loss of career opportunities or benefits
Pain and Suffering
Pedestrian accidents often lead to significant physical pain and emotional trauma. Compensation for pain and suffering can cover the following:
- Chronic pain resulting from injuries
- Emotional distress, including anxiety, depression, and PTSD
- Loss of enjoyment of life if your injuries prevent you from engaging in activities you once loved
- Mental anguish caused by disfigurement, scarring, or disability
Property Damage
You may be entitled to reimbursement for those losses if personal belongings such as a smartphone, laptop, watch, or other valuables were damaged in the accident.
Wrongful Death Damages
If a pedestrian accident leads to a tragic fatality, the victim’s family may pursue a wrongful death claim. This can include compensation for:
- Funeral and burial costs
- Medical expenses incurred before death
- Loss of financial support and future earnings
- Loss of companionship, guidance, and emotional support
If you or a loved one has been injured while walking, don’t settle for less than you deserve. Contact The Solomon Law Group, LLC, to discuss your case.
The Solomon Law Group, LLC Can Help You If You Were Struck
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 focus on your healing while we handle the legal side of things for you.
Contact us today to get started on your potential claim and get you back to your everyday life.
