Columbia Pedestrian Accident Attorney

Types of Pedestrian Accidents

Many pedestrian-car collisions are caused by human error. A driver may be speeding, driving carelessly, driving while impaired or simply not keeping a proper lookout for people walking across an intersection or walking beside the road. Any of these driver errors can cause a serious pedestrian accident.

Pedestrian accidents occur more frequently during nighttime hours because people on foot are harder to see and drivers may have less time to react.

• Crossing a Street — Columbia drivers should always remain on the lookout for pedestrians crossing the street, people in wheelchairs, people pushing strollers and joggers and walkers beside the road. Many serious injuries occur when motorists fail to take proper precautions for pedestrians. Drivers are required to yield to pedestrians crossing in crosswalks with the light.
• Running Traffic Lights — A motorist who speeds through an intersection to beat a red light may hit a pedestrian stepping off the curb after the light has changed. Speeding reduces the amount of time a motorist has to react to avoid hitting a pedestrian and increases the distance needed to stop the vehicle.
• Sidewalks — South Carolina law requires that pedestrians use sidewalks when available. That requirement applies to people on skateboards and rollerblades, people in wheelchairs and those pushing strollers. If no sidewalks are present, pedestrians should walk on the shoulder of the road. If there is no road shoulder, pedestrians should walk on the left side of the road facing traffic.
• Walking from Between Parked Cars — A common type of accident involves a pedestrian stepping out into the street from between parked cars. A driver may not have time to brake and avoid hitting the pedestrian. This type of collision can lead to serious or fatal injuries.
• School Zone Accidents — Columbia drivers should pay close attention to lower speed limits in school zones during the hours when students arrive and depart from school. Many pedestrian accidents involving children happen during school hours. A child may step into the road without looking for traffic. A motorist may be unable to stop quickly if the motorist has disregarded the school zone speed limit.

Pedestrians and Comparative Negligence

Sometimes a motorist and a pedestrian may both have some degree of fault for an accident. Even if you were partially at fault for your injuries in a pedestrian accident, you may still have a right to seek compensation.

South Carolina uses the modified comparative negligence rule in personal injury accidents. As an accident victim, you are allowed to recover a portion of your losses as long as you were less than 51 percent at fault.

For example, if you sustained $100,000 in damages in a pedestrian accident and you are found to be 20 percent at fault, you could still recover $80,000. But if you were found to be 51 percent or more at fault, you would not be entitled to any recovery.

Our attorneys deal with questions involving comparative negligence every day. We work diligently to gather evidence and build cases to show that another party was primarily at fault and to protect our clients’ right to recover compensation.

You should contact a Columbia accident lawyer to explore your legal options even if you believe that you were partly at fault for an accident. You may still be entitled to claim compensation if you were hit by a car and injured.

Types of Compensation Available from a Columbia Pedestrian Injury Claim

You may seek compensation by filing a car accident lawsuit for the following types of losses:

• Doctor bills and hospital bills
• Physical therapy and rehabilitation
• Car damage
• Permanent disability and disfiguring scars
• Pain and suffering
• Lost earnings from missed work
• Wrongful death