Why Pedestrian Accident Victims in South Carolina Need Legal Guidance
Pedestrian accidents can cause severe injuries, high medical bills, and lasting emotional trauma. In South Carolina, rising traffic and unsafe road conditions put more people at risk every year. If you or a loved one has been hit by a vehicle, you may be entitled to compensation. Understanding your legal rights is the first step.
In this blog, we cover the most important legal facts pedestrian accident victims in South Carolina should know, including common injuries, state laws, and how working with an experienced Beaufort pedestrian accident attorney can help you seek full compensation.
Alarming Rise in Pedestrian Accidents in South Carolina
Pedestrian accident victims in South Carolina face increasing danger due to growing traffic and poor infrastructure. This section explains why these incidents are happening more often and what factors contribute to their severity.
South Carolina Ranks High in Pedestrian Fatalities
South Carolina consistently reports some of the highest pedestrian death rates in the country. According to the Governor’s Highway Safety Association, pedestrian fatalities have risen sharply over the past decade. Many of these deaths occur in urban areas where traffic is heavy, and pedestrian infrastructure is limited. These fatal traffic accidents highlight the urgent need to address road safety for pedestrian traffic.
Key Factors Behind the Increase
Several issues contribute to the rise in pedestrian accidents. Distracted driving is a leading cause, as drivers fail to see or react to pedestrians crossing the street. Speeding and failure to obey traffic signals also lead to serious collisions. Poor lighting, missing sidewalks, and lack of crosswalks are common in many South Carolina towns, putting more pedestrian victims at risk.
Most Incidents Involve Motor Vehicles
The majority of pedestrian injuries and fatalities involve motor vehicle collisions. These accidents often result in life-threatening injuries such as traumatic brain injuries, spinal cord injuries, broken bones, and internal injuries. Injured pedestrians may face long recovery times and high medical expenses.
Pedestrian Safety Measures Are Often Inadequate
South Carolina’s pedestrian safety efforts lag behind other states. Inadequate pedestrian infrastructure and limited traffic calming measures fail to protect those on foot. Without more investment in crosswalks, better lighting, and stronger traffic laws, pedestrian deaths are likely to continue rising.
Legal Consequences for At-Fault Drivers
Drivers who hit pedestrians can face serious legal consequences. South Carolina law requires motorists to yield to pedestrians in marked crosswalks. Failure to do so may result in liability for injuries sustained. Pedestrian accident victims should seek legal guidance from an experienced pedestrian accident attorney to understand their rights.
Common Injuries Sustained by Pedestrian Accident Victims
Pedestrian accidents often result in serious physical harm due to the lack of protection between the victim and the motor vehicle. These injuries can lead to long-term health problems, high medical costs, and emotional distress.
Traumatic Brain Injuries and Head Trauma
Traumatic brain injuries are among the most severe outcomes in pedestrian accident cases. When a pedestrian is struck, their head may hit the vehicle or the ground with significant force. Victims may suffer from concussions, brain swelling, or long-term cognitive impairment. These injuries require immediate medical treatment and may lead to permanent disability.
Spinal Cord Injuries and Paralysis
Spinal cord injuries can occur when a motor vehicle hits a pedestrian at high speed. The impact may damage the spine and result in partial or complete paralysis. Victims often face a loss of mobility and may need lifelong care. These injuries also bring large medical expenses and a serious impact on quality of life.
Broken Bones and Fractures
Broken bones are common in pedestrian accidents. Victims often sustain fractures to the legs, arms, ribs, or pelvis. Some injuries require surgery or extended physical therapy. Recovery can take weeks or months, preventing the victim from working and leading to lost wages.
Internal Injuries and Organ Damage
Internal injuries are dangerous because they are not always visible at the scene. A collision can cause internal bleeding or damage to organs such as the liver, kidneys, or lungs. These injuries may be life threatening and require emergency medical attention.
Emotional Distress and Psychological Injuries
Pedestrian accident victims often experience emotional trauma. Post traumatic stress disorder, anxiety, and depression are common after such accidents. These conditions may last long after the physical injuries have healed and can interfere with daily life and work.
Long-Term Medical Needs and Expenses
Many of these injuries lead to long-term medical care and mounting medical bills. Victims may need repeated surgeries, therapy, and medications. The cost of ongoing care can create financial pressure, especially if the person is unable to return to work.
Understanding South Carolina Laws for Pedestrian Accidents
Pedestrian accident victims in South Carolina should understand how state traffic laws affect their rights and responsibilities after an accident.
Pedestrian Right of Way at Crosswalks
South Carolina law protects pedestrians in marked crosswalks. According to South Carolina Code § 56-5-3130, drivers must yield to pedestrians crossing within a crosswalk when traffic signals permit. If a driver fails to yield and causes an accident, they may be held legally responsible for the injuries sustained.
Driver Responsibilities in Pedestrian Traffic
Drivers must exercise care to avoid hitting pedestrians, especially in areas with heavy foot traffic. South Carolina Code § 56-5-3230 requires drivers to use caution and sound their horn when necessary. If a driver fails to follow this law, it can support a claim of driver negligence in a personal injury case.
Comparative Negligence and Its Impact
South Carolina follows a modified comparative negligence rule under Code § 15-38-15. This means a pedestrian accident victim can still recover compensation if they are less than 51 percent at fault. However, any compensation will be reduced based on the victim’s share of fault. If the pedestrian is found more than 50 percent responsible, they cannot recover damages.
Statute of Limitations for Filing a Claim
Victims have a limited time to take legal action. Under South Carolina law, the statute of limitations for personal injury claims is three years from the date of the accident. Failing to file within this period usually means losing the right to seek compensation for medical expenses, lost wages, and other damages.
Establishing Liability and Proving Fault
To win a pedestrian accident case, the victim must prove that the driver was at fault. This often involves showing a violation of traffic laws, distracted driving, or failure to obey traffic signals. Evidence such as witness statements, video footage, and police reports can help establish liability.
Legal Complexities in Pedestrian Accident Cases
Pedestrian accident victims often face challenges when trying to prove fault and recover compensation. These cases involve strict rules, multiple parties, and pressure from insurance companies.
Proving Fault and Driver Negligence
Establishing that a driver was negligent is a key part of any pedestrian accident case. Victims must show that the driver failed to obey traffic signals, was speeding, or was distracted. Cell phone records, witness statements, and traffic camera footage can support the claim. If fault is unclear, the case may take longer to resolve.
Dealing with Multiple Parties
Some pedestrian accidents involve more than one party. A second vehicle, a rideshare driver, or even the city may share responsibility. For example, if poor lighting or broken traffic signals contributed to the accident, the local government might be involved. An experienced pedestrian accident attorney can help identify all responsible parties.
Insurance Company Tactics
Insurance companies often try to reduce payouts by blaming the victim or downplaying the injuries. They may offer low settlements before the full cost of medical treatment is known. Pedestrian accident victims should avoid speaking to insurance adjusters without legal representation. A skilled attorney can protect the victim’s rights and negotiate fair compensation.
Collecting and Preserving Evidence
Strong evidence is critical in pedestrian accident cases. Victims or their attorneys must gather photos from the scene, medical records, police reports, and contact information from witnesses. Quick action helps preserve key facts that can support the claim and prove the full extent of pedestrian accident injuries.
Time Limits and Legal Deadlines
South Carolina law gives victims three years to file a personal injury lawsuit. This deadline includes claims for injuries sustained, emotional distress, and medical expenses. Missing the deadline may prevent any legal recourse. Victims should speak to an attorney early to protect their right to file.
Contact an Experienced Beaufort Pedestrian Accident Lawyer Today!
If you or someone you care about has been injured in a pedestrian accident, the steps you take now can make a major difference in your recovery and your financial future. Our team at McDougall Law Firm is here to help you understand your rights and take legal action if needed. We know the impact these accidents have on victims and their families, and we are committed to holding negligent drivers accountable.
Contact us at 843-438-4386 for a free case consultation today!
