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Tens of thousands of pedestrians are injured every year in traffic accidents across the country, and somewhere between 6,000-8,000 people lose their lives.
In South Carolina – one of the worst states in the country for pedestrian safety– between 160-200 people are killed every year, with another 200 on average seriously injured.
In a match up between a vehicle and a pedestrian, there’s no contest. A pedestrian isn’t protected, so severe injuries can occur at relatively low impact speeds; a pedestrian has a 50% chance of sustaining a severe injury when struck at 31 mph and 75% chance at 39 mph. At 58 mph, pedestrian has a 90% chance of dying. Severe injuries after a pedestrian accident can include contusions, fractures, breaks, spinal injuries, traumatic brain injuries (TBIs), many of which can lead to chronic pain or lifelong disability.
Not only do pedestrians have a higher chance of being injured or killed in a traffic accident, but successfully bringing a claim against the at-fault driver can be challenging, too. Here at the Ty Robinson Law Firm, we help people who have been injured in pedestrian accidents get the compensation they deserve to cover medical bills, lost wages, and more. Our goal is to handle all of the legal matters so our clients can focus on recovering from their injuries.
You might think that pedestrian accident cases are straightforward as far as personal injury cases go. A vehicle hits a pedestrian, the pedestrian is injured, and the at-fault driver’s auto insurance pays damages. But bringing a successful pedestrian accident claim can be difficult.
In South Carolina, which is a modified comparative negligence state, if the pedestrian is 51% or more to blame for the accident, they are not able to recover damages. The insurance company may therefore want to try to prove that the pedestrian was partially responsible for the accident that left them injured in order to reduce the amount of money paid out or to avoid a pay out altogether. Was the pedestrian crossing the road somewhere other than the crosswalk? Were they walking somewhere they shouldn’t, like on an interstate? Were they impaired by drugs or alcohol when struck? These are the kinds of things the insurance company will want to know.
Even in cases where a pedestrian is, say, impaired or jaywalking (which is illegal in South Carolina), the driver still has a duty to “exercise due care” to avoid hitting them, taking precaution when observing any “obviously confused, incapacitated or intoxicated person,” under South Carolina law.
Still, it’s important to understand that the pedestrian’s behavior leading up to the accident might have contributed to it, and that can affect the amount of damages that are recovered.
If you were hit by a vehicle and were injured, call us at the Ty Robinson Law Firm. We’ve helped other pedestrians successfully get compensation to help cover medical bills, lost wages, and other expenses in the aftermath of the accident, and we’re ready to help you get the compensation you deserve.
Get in touch with us today and schedule a free, no-obligation consultation.
Get in touch with us today and schedule a free, no-obligation consultation.
