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Summerville Pedestrian Accident Lawyer

Pedestrian accidents can occur in an instant, leaving lasting consequences. If you or a loved one has been injured in such an incident, it’s essential to consult a Summerville pedestrian accident lawyer. At McDougall Law Firm, we are dedicated to helping victims seek justice and secure the compensation they deserve. Contact us at 843-438-4386 to speak with an experienced attorney today.

Table of Contents

Common Causes of Pedestrian Accidents

Pedestrian traffic fatalities are on the rise in South Carolina, highlighting an urgent need for increased safety measures and awareness.

Distracted Driving: A Major Cause of Pedestrian Accidents

Distracted driving is a leading cause of pedestrian accidents, occurring due to various activities that divert a driver’s attention from the road. Understanding these distractions helps highlight the dangers pedestrians face and underscores the importance of vigilant driving.

  • Using a Phone
    • Texting: Sending or reading text messages takes the driver’s eyes off the road for several seconds, significantly increasing the risk of an accident.
    • Making Calls: Even hands-free calls can distract the driver, shifting their focus from the road to the conversation.
    • Browsing: Checking emails or social media notifications diverts attention and slows reaction times.
  • Eating or Drinking
    • Spilling Food or Drinks: Sudden spills can startle the driver, causing them to swerve or lose control of the vehicle.
    • Handling Food: Reaching for, unwrapping, or eating food requires the use of hands, making it harder to steer and react quickly to sudden changes on the road.
  • Adjusting the Radio or Climate Controls
    • Looking Away: Adjusting these controls often requires taking the eyes off the road, even if only for a moment, which can be enough time for a pedestrian to step into the driver’s path.
    • Manual Distraction: Changing settings involves using hands that should be on the wheel, reducing the driver’s ability to respond swiftly to unexpected events.
  • Attending to Children in the Back Seat
    • Turning Around: Looking back to check on or talk to children takes the driver’s eyes off the road.
    • Dividing Attention: Dealing with crying or misbehaving children divides the driver’s attention between the road and the back seat.
    • Physical Interaction: Reaching back to hand something to a child or to calm them down means the driver has one less hand on the wheel.
  • Left-Hand Turns: Drivers often focus on oncoming traffic when making left-hand turns and may forget to check for pedestrians, leading to accidents.
  • Unmarked Crosswalks: The absence of clearly marked crosswalks can result in drivers neglecting to look out for pedestrians.
  • Distracted Pedestrians: Pedestrians can also be distracted, for example, by texting while crossing the road, increasing their risk of accidents.
  • Speeding: Higher speeds reduce the driver’s reaction time to unexpected pedestrians.
  • Driving Under the Influence: Intoxicated drivers have slower reaction times and are more likely to veer off the road, endangering pedestrians.
  • Pedestrian Negligence: Pedestrians sometimes contribute to accidents by:
    • Darting into traffic
    • Not using designated crosswalks or sidewalks
  • Ignoring Traffic Laws: Running red lights, making illegal U-turns, and failing to obey traffic signs can lead to pedestrian accidents.
  • Poor Lighting: Poorly lit areas increase the risk of accidents due to decreased visibility.

Summerville Pedestrian Accident

Common Injuries in Pedestrian Accidents

Pedestrian accidents often result in severe injuries due to the lack of protection for those on foot. The most common injuries include:

  • Fractures and Broken Bones: Frequently occurring in the legs, arms, and ribs due to the impact.
  • Head Injuries: Ranging from concussions to traumatic brain injuries, often resulting from falls or direct hits.
  • Spinal Cord Injuries: Leading to potential paralysis or long-term mobility issues.
  • Internal Injuries: Damage to internal organs, such as the liver, spleen, or lungs, often caused by the blunt force of the collision.
  • Soft Tissue Injuries: Including bruises, sprains, and strains that can cause significant pain and require extensive rehabilitation.

These injuries can lead to prolonged medical treatment, rehabilitation, and significant lifestyle changes for the victims.

Why You Should Contact a Summerville Pedestrian Accident Lawyer

Quick Settlement Pitfalls

Many victims of pedestrian accidents aim for quick settlements, often without fully understanding the implications. This desire for a fast resolution can be detrimental because:

  • Insurance Company Strategies: Insurance companies employ experienced lawyers who work tirelessly to minimize the payout. They might offer a settlement that seems fair at first glance but fails to cover the full extent of your damages.
  • Pressure Tactics: Insurers may pressure victims to accept the initial offer quickly, knowing that the longer the process drags out, the more the victim might realize the true cost of their injuries.
  • Unseen Costs: Quick settlements often overlook long-term medical expenses, rehabilitation costs, and other future financial burdens related to the accident.

Insurance Challenges

Navigating the complexities of insurance claims is challenging, especially when dealing with:

  • Claim Underestimation: Insurance adjusters frequently undervalue claims to protect their company’s financial interests. They may downplay the severity of your injuries or the impact on your daily life.
  • Incomplete Evaluations: Without a thorough assessment, many victims settle for less than they deserve. A skilled lawyer ensures all damages, including lost wages, medical expenses, and pain and suffering, are considered.
  • Denied Claims: Insurance companies sometimes outright deny valid claims, leaving victims without recourse unless they have legal representation to fight back.

Legal Representation

Having an experienced pedestrian accident lawyer on your side provides numerous advantages:

  • Protection from Exploitation: Lawyers prevent insurance companies from taking advantage of your lack of legal knowledge, ensuring you receive fair treatment.
  • Maximized Compensation: Attorneys are adept at calculating the full extent of your damages, including non-economic losses like emotional distress and loss of enjoyment of life.
  • Navigating Legal Procedures: Lawyers handle the complex legal processes, from filing paperwork to negotiating settlements and, if necessary, representing you in court.

No Upfront Fees

At McDougall Law Firm, we believe that everyone should have access to justice, regardless of their financial situation:

  • Contingency Basis: We work on a contingency fee basis, meaning you don’t pay anything upfront. Our fees are only collected if we successfully recover compensation for you.
  • Financial Relief: This arrangement allows you to focus on your recovery without the added stress of legal costs.
  • Commitment to Success: Our contingency structure aligns our interests with yours, motivating us to achieve the best possible outcome for your case.

How Our Summerville Pedestrian Accident Lawyers Can Help

Expertise in Pedestrian Accident Cases

Our lawyers have specialized knowledge and experience in handling pedestrian accident cases, which is crucial for:

  • Understanding Legal Nuances: We are well-versed in the local and state laws governing pedestrian safety in South Carolina.
  • Identifying Liable Parties: Our expertise helps in accurately identifying all liable parties, whether it’s the driver, municipality, or another entity.
  • Building a Strong Case: Our deep understanding of pedestrian accident cases allows us to construct a robust case to support your claim.

Case Investigation

A thorough investigation is essential to substantiate your claim. Our team excels in:

  • Gathering Evidence: We collect vital evidence, including witness statements, surveillance footage, and accident reconstruction reports, to establish the facts.
  • Expert Consultations: We collaborate with experts, such as medical professionals and accident reconstruction specialists, to provide a comprehensive analysis of the incident.
  • Detailed Documentation: We meticulously document all findings to present a compelling case to the insurance company or court.

Settlement Negotiations

Most pedestrian accident cases are resolved out of court through negotiations. Our attorneys are adept negotiators who ensure you receive a fair settlement by:

  • Evaluating Offers: We assess settlement offers critically to ensure they cover all your damages.
  • Negotiating Skillfully: Our lawyers use their negotiation skills to counter lowball offers and push for higher compensation.
  • Preparing for Trial: If a fair settlement cannot be reached, we are prepared to take your case to court to secure the compensation you deserve.

Overcoming Insurance Tactics

Insurance companies often employ tactics to undermine your claim. Our lawyers are equipped to counter these strategies by:

  • Presenting Strong Arguments: We use persuasive arguments supported by solid evidence to challenge the insurance company’s position.
  • Discrediting Unfair Tactics: We identify and discredit any attempts by the insurance company to minimize your claim.
  • Securing Full Compensation: Our goal is to ensure you receive the maximum compensation possible for your injuries and losses.

Summerville Pedestrian Accident Victim

Steps to Take After a Pedestrian Accident

Seek Medical Attention

Immediately after an accident, seek medical attention even if you don’t feel injured. Some injuries, like internal injuries and traumatic brain injuries, may not be immediately apparent.

Document the Accident Scene

Gather evidence from the accident scene, including:

  • Photos and videos
  • Witness statements
  • Police reports

Contact a Summerville Pedestrian Accident Lawyer

Reach out to one of our Summerville pedestrian accident lawyers at McDougall Law Firm as soon as possible to discuss your case and legal options.

Compensation for Pedestrian Accident Victims

Medical Expenses

Pedestrian accident victims often face significant medical costs. Compensation can help cover:

  • Hospital Bills: Including emergency room visits, surgeries, and inpatient care.
  • Ongoing Medical Care: Such as follow-up appointments, physical therapy, and rehabilitation.
  • Medications: Prescription drugs required for recovery.
  • Medical Equipment: Costs for necessary medical devices, such as wheelchairs, crutches, or braces.
  • Specialist Consultations: Fees for specialists who provide expert care for specific injuries.
  • Home Care Services: In-home medical assistance for those who need help with daily activities during recovery.

Lost Wages

Injuries from pedestrian accidents can lead to time off work, resulting in lost income. Compensation for lost wages includes:

  • Current Lost Income: Wages lost during the recovery period.
  • Future Lost Earnings: If the victim is unable to return to work or must take a lower-paying job due to injury.
  • Lost Benefits: Compensation for lost employment benefits, such as health insurance or retirement contributions.
  • Self-Employment Income: Lost income for self-employed individuals who cannot maintain their business activities.

Pain and Suffering

Beyond physical injuries, pedestrian accident victims may endure significant pain and emotional distress. Compensation for pain and suffering covers:

  • Chronic Pain: Ongoing pain that affects daily life and activities.
  • Emotional Distress: Anxiety, depression, and other mental health issues resulting from the accident.
  • Loss of Enjoyment: Inability to enjoy hobbies, sports, or other activities that were part of the victim’s life before the accident.
  • Physical Disfigurement: Scarring or other permanent physical changes.
  • Impact on Relationships: Strain on personal relationships and loss of companionship due to injury-related changes in lifestyle.

Punitive Damages

In cases where the at-fault party’s behavior was especially reckless or grossly negligent, punitive damages may be awarded:

  • Purpose: To punish the at-fault party and deter similar behavior in the future.
  • Criteria: Typically awarded in cases involving egregious conduct, such as driving under the influence or intentional harm.
  • Additional Compensation: Beyond economic and non-economic damages, punitive damages serve as a financial penalty to the at-fault party.

Wrongful Death

If a pedestrian accident results in a fatality, surviving family members may seek compensation through a wrongful death claim:

  • Funeral and Burial Expenses: Costs associated with laying the deceased to rest.
  • Loss of Financial Support: Compensation for the financial contributions the deceased would have provided to their family.
  • Loss of Consortium: Compensation for the loss of companionship, guidance, and emotional support from the deceased.
  • Emotional Distress: Mental anguish suffered by surviving family members due to the sudden and tragic loss.
  • Medical Bills: Coverage for medical expenses incurred prior to the victim’s death.

Summerville Pedestrian Accident Lawyer

Seek Justice with McDougall Law Firm

If you’ve been injured in a pedestrian accident in Summerville, it’s essential to understand your legal rights and options. Contact McDougall Law Firm for a free consultation and let us help you recover the compensation you deserve. Call us today at 843-438-4386 to schedule your initial consultation.

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