What You Should Know About Pedestrian Accidents

Salley Law Firm • March 26, 2019

What you need to know to protect yourself from injury while walking along the side of a roadway?

Both drivers and pedestrians must exercise what is called ‘a duty of care’ when either operating a vehicle or walking alongside a roadway. This means that both must use reasonable care to protect their own safety as well as the safety of others. Reasonable care means such care as a watchful, attentive, cautious, and prudent person would use in the same or similar circumstances and is proportionate to the danger involved.

An individual who negligently operates a vehicle, including such actions as speeding, distracted driving, or driving under the influence of drugs or alcohol, may be liable to the injured party for their personal and property damages caused by their own negligence.

A pedestrian who fails to exercise reasonable care while walking along a roadway, including failing to use crosswalks or by darting into the roadway, may be comparatively negligent if they contributed to their injuries or to the accident in any way. South Carolina uses a comparative fault system. This simply means that your award of damages may be reduced by the percentage of fault that you contributed to the accident, as long as you were less than 51% responsible. Thus, if you were 25% at fault for the accident, your award will be reduced by 25%. However, if you were more than 51% responsible, you will recover nothing. The good news is that this type of fault system only matters when and if your case goes to trial. This is why it is so important to consult with and have an attorney involved so that they can negotiate a more just settlement for you

What should you do if you have been in a pedestrian-vehicle accident?

First, call 911. Emergency services will dispatch both police and appropriate emergency medical services to your location. If you are unable, have someone call for you.

Second, get medical attention! Your health is far more important than worrying about the bills at that time. A personal injury attorney should be able to help you recover your expenses from the at-fault party later. Further, the best way to protect yourself is with evidence and an emergency room report and doctor’s bills are invaluable pieces of evidence to prove your damages.

Third, if you can, get the driver’s information. This includes getting the driver’s name, phone number and address. It should also include getting the driver’s license and tag numbers as well as the make and model of his or her vehicle. If you are able, also take photographs of the accident scene and vehicle. Finally, if any witnesses are hanging around the scene, ask them what they witnessed and get their information so that statements may be taken at a later date.

Additional Matters to Consider

Per the South Carolina Code of Laws, Section 15-3-520 provides for a three year statute of limitations on personal injury actions. This does not mean to wait until three years after your accident to contact a lawyer. Should you be in an accident, it is best to contact a personal injury lawyer immediately. A lawyer will be able to help advise you on getting your damages taken care of in the most efficient manner so that you may begin recovering.

The at-fault driver’s insurance carrier will attempt to speak with you very soon after the accident. Do not accept any settlement offer from the at-fault driver’s insurance until you have consulted with an experienced personal injury attorney. You cannot get any additional recovery after you have settled with the insurance carrier no matter how much worse your injuries become.

Further, the at-fault driver’s insurance carrier will also attempt to have you give them a statement as to what happened immediately before, during, and after the accident. Do not make any statements, recorded or otherwise, to the insurance carrier until you have consulted with an experienced personal injury attorney. You should take your time and reflect on the accident so that you are not pressured into mis-remembering details of the accident on such short notice. Further, you may still be recovering from the accident in either the hospital or at home and on painkillers. Immediately after the accident is not time for you to handle insurance negotiations on your own.

Understanding your rights is essential to protecting yourself, your family, and your property. If you have been injured by someone else’s recklessness, it is best to consult with an attorney about the specific circumstances of your injury.

Please know that our firm works on a contingency basis in personal injury actions. This means that we will not be compensated unless we get a recovery for you. Thus, there are no up-front or out-of-pocket costs for you.

If you would like to speak to one of our experienced attorneys about any injury you have sustained, please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125. Your consultation is free and we offer evening and weekend appointments as well as home and hospital visits.

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