Pedestrians often sustain debilitating and fatal injuries in accidents because of their vulnerability. When drivers and others behave negligently on the road, they can put pedestrians at serious risk along with other motorists.
If you or a loved one has suffered injuries in a pedestrian accident in Columbia, South Carolina, you may file a claim against the liable parties involved. To seek the compensation you deserve in a pedestrian accident case, consult a Columbia pedestrian accident lawyer in Columbia with experience handling these cases.
The attorneys at Morris Law Accident Injury Lawyers have worked with many victims of pedestrian accidents and other personal injuries to recover the compensation they deserve.
- Why Turn to Morris Law Accident Injury Lawyers?
- Compensation in Columbia Pedestrian Accident Cases
- Potential Causes of Pedestrian Accidents in Columbia, SC
- Types of Pedestrian Accidents and Resulting Injuries
- Negotiating Settlements With Insurance Companies
- What to Do After a Pedestrian Accident in Columbia
- Role of Comparative Negligence
- Contact a Columbia Pedestrian Accident Lawyer Today
Why Turn to Morris Law Accident Injury Lawyers?
Pedestrian accident cases often require attorneys to settle them. Our experienced Columbia pedestrian accident lawyers can explain your options for seeking compensation for a pedestrian accident.
We may identify the parties responsible, collect evidence proving the extent of your injuries and other parties' liability, and negotiate claims with opposing insurers and attorneys.
At Morris Law Accident Injury Lawyers, our team of attorneys has helped recover millions of dollars for our clients over the years. We've represented clients in many complex and challenging personal injury cases, including those involving pedestrian injuries.
In one case, we recovered a $2 million settlement for a client involved in a pedestrian accident that resulted in a neck injury. We provide legal services to clients throughout South Carolina, including clients in Columbia and other nearby cities.
If you cannot settle during the claims process when negotiating with insurers, our team of trial attorneys will also be able to take your case to court as needed.
If you want to meet with us for a free consultation, visit our nearest office in Columbia. Contact our firm today to begin discussing a potential case with one of our attorneys.
Compensation in Columbia Pedestrian Accident Cases
In the event of a pedestrian accident, you may be able to recover compensation for various types of damages resulting from the accident. These damages may include a combination of economic and non-economic damages, along with punitive damages in some cases.
Some of the specific types of economic damages involved in pedestrian accidents can include:
- Medical bills, including the costs of initial treatment, ambulance rides, and ongoing care
- Physical therapy and rehabilitation
- Lost income resulting from the inability to work while recovering or because of disability
- Lost earning potential
- Property damage
In addition to these and other economic damages, you may be able to recover compensation for the personal losses resulting from a pedestrian accident.
These losses are called non-economic damages and may apply to:
- Physical pain resulting from the injuries sustained
- Mental anguish, including depression and anxiety
- Loss of enjoyment of life
- Disfigurement
- Loss of consortium
Victims' loved ones may also recover wrongful death damages if a victim dies from injuries sustained in a pedestrian accident. These damages could include the above economic and non-economic damages and other losses resulting from the victim's death. For example, you might recover compensation to cover funeral and burial expenses along with the personal struggles stemming from the loss of a loved one.
In rare cases, pedestrian accidents may also warrant punitive damages to punish defendants for their negligence. Only the courts can award these damages in a trial, and they'll only apply if a judge or jury finds that a defendant acted with gross negligence or malicious intent to cause harm.
The legal team at Morris Law Accident Injury Lawyers can identify all damages resulting from your accident and determine how they can contribute to a settlement amount in a claim or lawsuit.
Potential Causes of Pedestrian Accidents in Columbia, SC
Accidents occur all over the country, and Columbia, SC, sees many accidents every year. According to data from the South Carolina Department of Public Safety (S.C. DPS), metropolitan Columbia experiences thousands of accidents yearly, many of which involve pedestrian injuries. However, as with all other cities, some areas of Columbia are more accident-prone than others. These streets and intersections may see a higher number of accidents due to factors such as traffic and road conditions.
According to S.C. DPS data, the following are the most dangerous streets and intersections in and around Columbia:
- Richland I-26 West from Saluda River to the I-20 overpass
- Zimalcrest Drive
- I-20 East from the I-26 overpass to American Inn
- I-20 East from Broad River to Sunbelt Rentals
- I-20 West from Two Notch Road to the Fairfield Road overpass
- Richland 277 South
- Broad River Road
- I-77 South
- Farrow Road
- Hard Scrabble Road
Another factor contributing to accidents on these roads could include the specific causes of pedestrian accidents.
According to the National Highway Traffic Safety Administration (NHTSA), some of the most common causes of pedestrian accidents include:
- Low visibility
- Failure to yield the right of way to pedestrians
- Distracted driving
- Impaired driving
You may build a pedestrian accident case through an insurance claim or lawsuit against any liable parties responsible for the accident. However, in South Carolina, the statute of limitations gives you three years from the accident to initiate a lawsuit or you cannot seek compensation.
To file you on time, consult our Columbia pedestrian accident lawyers at Morris Law Accident Injury Lawyers.
Types of Pedestrian Accidents and Resulting Injuries
People may get into several types of pedestrian accidents in Columbia and elsewhere across the U.S.
The following are some common pedestrian accident types:
- Distracted driving accidents - Drivers often get into accidents due to distractions that take their attention away from the road and pedestrians. For instance, drivers may engage with their phones, dials and screens on the dashboard or with other passengers in the vehicle, causing them to get into an accident.
- Backup accidents - Pedestrian accidents also frequently occur when vehicles back up, and the drivers don't check to clear the back of their vehicles. They may hit pedestrians when backing out of parking spaces, driveways, or other areas.
- Turning accidents - Drivers may hit pedestrians when turning and neglect to check crosswalks and other areas for crossing pedestrians.
- Becoming trapped in intersections - Sometimes pedestrians may attempt to cross an intersection when a traffic signal is about to transition from Walk to Don't Walk. When this occurs, the pedestrian may not have time to cross the street before the signal changes and vehicles approach.
- Accidents involving multiple threats - In some cases, pedestrian accidents may result when multiple drivers fail to notice pedestrians and heed the right of way at an intersection, causing an accident.
These accidents can cause many serious and fatal injuries to pedestrians, including:
- Contusions, lacerations, and abrasions
- Traumatic brain injuries (TBIs)
- Burns
- Spinal cord injuries
- Head and neck injuries
- Tears and sprains
- Road rash
- Amputations
Negotiating Settlements With Insurance Companies
Following a pedestrian accident, you might want to open a claim against the negligent party's insurance company to begin seeking compensation. The process would involve opening a claim and the insurer assigning a designated adjuster to handle your case. The adjuster would then handle the investigation into your claim and negotiate a settlement.
Adjusters will work diligently to minimize or deny your settlement, even if the adjuster appears eager to assist you. Remember, adjusters don't work for claimants—they work for the insurers and will protect the company's best interests. You could inadvertently hurt your case if you don't have enough evidence or say the wrong thing during the claims process.
It's best to speak with an experienced Columbia pedestrian accident attorney to avoid all potential issues during the claims process when negotiating a settlement. The Columbia pedestrian accident attorneys at Morris Law Accident Injury Lawyers have the experience, knowledge, and resources needed to help claimants seek the compensation they deserve in a pedestrian accident case.
What to Do After a Pedestrian Accident in Columbia
To increase your chances of succeeding with a pedestrian accident case in Columbia, there are certain steps you should take. These key steps include the following:
Follow Your Treatment Plan
After you've sought treatment for any injuries, you should stick with your doctor's treatment plan. This could entail taking the medications your doctor has prescribed, making and attending regular appointments, and engaging in therapy and other forms of recovery. Following your doctor's orders can help you fully recover and provide proof of your injuries and other damages.
If you have any trouble with your doctor's treatment plan, discuss these issues with your doctor before doing anything differently. Your doctor may work with you to develop a new, more effective treatment plan.
Collect All Relevant Evidence
You or your lawyer may gather as much evidence as you can to support your case, including:
- Medical records and bills
- Receipts for repairs or replacements of damaged property
- Proof of lost income, such as tax documents and pay stubs
- Police reports developed at the accident scene
- Witness statements
- Photographs and video evidence of injuries and the accident scene
If you cannot get ahold of any of this evidence, our Columbia pedestrian accident lawyers may obtain it and organize it for use in a claim or lawsuit.
Document Your Recovery Experience
As you recover from any injuries and other damages, you may prove any non-economic damages by documenting your personal experience in a journal. You can include information about your daily routine, your progress, and any struggles you're experiencing following the accident. This documentation could prove all pain and suffering experienced and allow attorneys to calculate it in a settlement.
Speak With an Attorney
Before filing an insurance claim or lawsuit, consult a pedestrian accident lawyer to discuss your options. Our attorneys can determine if you have a valid case and can represent you during the claims or legal process. Our attorneys can also collect and present evidence, provide statements to insurers, or even take your case to court if you cannot reach a favorable outcome during initial negotiations.
Role of Comparative Negligence
In South Carolina, comparative negligence determines how much compensation a pedestrian accident victim can receive. If a pedestrian is partially at fault, their recovery is reduced by their share of the blame. However, if they hold more than 50% of the fault, they may not recover damages. Experienced Columbia pedestrian accident attorneys work to prove driver error and help victims seek compensation for medical bills, lost wages, and serious injuries, including traumatic brain injuries or spinal injuries, despite shared fault in many pedestrian accidents.
Contact a Columbia Pedestrian Accident Lawyer Today
In the event of a pedestrian accident in Columbia or another city in South Carolina, the experienced legal team at Morris Law Accident Injury Lawyers may be able to assist you. We have worked with many accident victims and their loved ones to recover the compensation they deserve, including clients involved in pedestrian accidents. Reach out to a Columbia personal injury lawyer.
To discuss a potential claim or lawsuit with our attorneys, contact our Columbia office today at (843) 232-0944 for your free case consultation.
FAQ on Pedestrian Accidents in Columbia, SC
1. What should I do if I’m injured in a pedestrian accident in Columbia?
After a pedestrian accident, seek medical attention, document the accident scene, and contact an experienced Columbia pedestrian accident attorney. They can help prove fault and handle your personal injury claim.
2. Can I recover compensation if I’m partly at fault?
Under South Carolina’s comparative negligence law, you can still recover compensation if you’re less than 50% at fault. Your award will be reduced by your percentage of fault.
3. What are common causes of pedestrian accidents?
Pedestrian accidents often result from distracted driving, failure to follow traffic signals, or drunk drivers hitting pedestrians.
4. What types of compensation can I seek after a pedestrian accident?
You may seek compensation for medical expenses, lost wages, emotional distress, and serious injuries such as spinal injuries or traumatic brain injuries.
5. How do Columbia pedestrian accident lawyers prove fault?
Experienced accident lawyers gather witness statements, accident reconstruction, and other evidence to determine fault and hold the negligent driver responsible.
6. What are the long-term impacts of pedestrian accidents?
Pedestrian accidents can lead to permanent disability, severe injuries, physical pain, and even wrongful death. In these cases, an experienced legal team helps recover damages.
7. Do I need a lawyer if I’ve been involved in a minor pedestrian accident?
Even minor accidents can lead to serious injuries. Consulting a Columbia pedestrian accident lawyer can help ensure your rights are protected and that you receive fair compensation.
8. How long do I have to file a claim for a pedestrian accident in South Carolina?
South Carolina law generally allows up to three years to file a personal injury lawsuit after a pedestrian accident.
9. What is a contingency fee basis?
A contingency fee basis means your lawyer only gets paid if you win your case, making it easier to afford legal representation.
10. Can I claim punitive damages in a pedestrian accident case?
In cases involving reckless or egregious driver behavior, such as drunk driving, you may be able to seek punitive damages in addition to compensation for your injuries.
