Certain traffic intersections in Columbia, South Carolina, can be extremely dangerous for pedestrians. When motor vehicle operators are not careful and do not look out for pedestrians at intersection crosswalks, they may cause a collision, which can lead to permanent injuries and sometimes fatalities.
If you or a person you care about suffered injuries in a Columbia, South Carolina pedestrian accident, talk with an experienced Columbia pedestrian accident attorney as quickly as possible.
Your attorney can review the circumstances of your pedestrian accident with you and determine your eligibility to pursue legal action against the responsible driver or their insurance company.
Your lawyer can then file a personal injury claim on your behalf and handle all negotiations with settlement adjusters.
Finally, if litigation becomes necessary in your case, your lawyer can file a suit in the court system on your behalf and pursue the compensation you deserve for your pedestrian accident injuries.
While you focus your attention on getting better and making a full recovery, your pedestrian accident lawyer can handle every step of your case for you, address all your legal concerns, and pursue the monetary compensation you need to recover for your losses.
These intersections are some of the most dangerous in Columbia, South Carolina, given the high number of fatalities and traffic accidents that have recently taken place at those locations – especially during the morning and afternoon commutes.
In addition to these intersections, pedestrian accidents may also occur at other locations in Columbia, including the following: sidewalks, trails, parking garages, parking lots, alleys, and driveways.
If you suffered injuries in a pedestrian accident that occurred in one of these locations, seek help from an experienced Columbia pedestrian accident lawyer right away.
Your attorney can investigate the circumstances of your pedestrian accident and file a claim with the at-fault driver's insurance company in your case.
Your lawyer will then aggressively fight for your legal rights and interests and pursue the maximum amount of monetary recovery that is available to you in your case.
Common Causes of Intersection Pedestrian Accidents
Pedestrian accidents that occur at traffic intersections almost always result from the negligent actions and inactions of motor vehicle operators.
One common cause of pedestrian accidents is a driver's violation of standard traffic laws. For example, a driver may speed through an intersection or simply fail to yield the right-of-way to a pedestrian who is lawfully present at an intersection crosswalk.
At other times, intersection pedestrian accidents in Columbia happen when drivers exhibit road rage, for instance, by attempting to move around slower-moving vehicles near a traffic intersection or speeding through a yellow or red traffic light.
When a driver behaves in a reckless or careless manner near a traffic intersection with pedestrians, their chances of causing an accident increase significantly.
Intersection pedestrian accidents may also occur when a driver fails to watch the road or pay attention to their surroundings. For example, instead of watching the road, a driver might be making a phone call without using a hands-free Bluetooth device, texting and driving, combing their hair, applying makeup, or roughhousing with vehicle passengers.
If a motorist takes their eyes off the road for any of these reasons, they may fail to notice a pedestrian in an intersection crosswalk and bring about a serious collision.
Finally, some traffic intersection accidents that involve pedestrians result from intoxicated vehicle operation. In most situations, drivers of passenger vehicles are legally intoxicated if their blood alcohol concentration reaches a level of 0.08 percent or greater.
Commercial vehicle operators, including tractor-trailer drivers, along with minors who are under twenty-one years old must abide by stricter standards.
When a driver is legally intoxicated, they typically experience mental and physical impairments that prevent them from engaging in safe driving.
For example, an intoxicated driver may suffer from blurry vision, dizziness and confusion, delayed reaction time, impaired reflexes, poor muscular coordination, and lack of concentration.
All these symptoms may prevent a driver from seeing a pedestrian at an intersection crosswalk or stopping their vehicle in time to avoid hitting a pedestrian.
If you suffered injuries when a driver hit you while walking, you should consult a pedestrian accident attorney in Columbia right away about your legal options.
Your attorney can go over your legal options with you and pursue the best course of action for your personal injury case. In addition, your lawyer can gather the documents necessary to present a personal injury claim to the responsible driver's insurance company.
Injuries That a Pedestrian May Suffer in an Accident
When people drive in a negligent manner near a traffic intersection, they may cause their vehicle to strike a pedestrian with a significant amount of force at a high rate of speed. In most pedestrian accident collisions, the pedestrian will fall to the ground.
Since they do not have a protective covering or barrier between themselves and the ground, they will likely suffer very serious and sometimes fatal injuries.
Some of the most common injuries that pedestrian accident victims may suffer include fractures, soft tissue injuries, traumatic head and brain injuries, permanent cognitive impairments, internal bleeding, internal organ damage, road rash injuries, bruises, mouth and teeth injuries, complete and incomplete paralysis injuries, spinal cord damage, and death.
If you or someone you love suffered one or more of these injuries in a pedestrian accident, you should consult a medical provider and follow through with all recommended medical treatment.
That medical treatment might include:
- Making an appointment with your primary care doctor
- Consulting with a medical specialist, such as a neurologist or orthopedist
- Undergoing a medical procedure, such as a surgery,
- Submitting to ongoing physical therapy sessions
- Attending pain management sessions to manage your pain and other symptoms.
By getting the medical treatment that you need and treating continuously for your injuries, you are significantly more likely to make a full medical recovery.
Additionally, the insurance company is more likely to take your case seriously and offer you fair settlement damages to truly compensate you for the full extent of your injuries.
During the time when you receive treatment for your injuries, a Columbia pedestrian accident lawyer can start advocating for your interests by gathering the documents necessary to prove your case.
Your lawyer may also submit these documents to the insurance company so that settlement negotiations can begin once you complete your post-accident medical treatment.
Proving a Pedestrian Accident Claim or Lawsuit in South Carolina
In a Columbia pedestrian accident claim or lawsuit, the accident victim has the sole legal burden of proof. Therefore, to recover monetary damages for their injuries, they must satisfy several legal elements, often with the help of a designated expert.
First, the accident victim must establish that the driver who caused the accident owed them a legal duty of reasonable care. Motor vehicle operators have a duty to be cautious, most especially around traffic intersections, and to look out for pedestrians.
They also have a duty to yield the right-of-way to pedestrians at the appropriate times and follow all other applicable traffic laws and regulations.
Additionally, the pedestrian accident victim must show that the driver violated their legal duty of care, usually by failing to yield the right-of-way at the proper time.
Next, the injured accident victim must establish that their accident directly resulted from the driver's careless or reckless behavior. Finally, the pedestrian must show, through medical testimony, that they sustained at least one physical injury in their pedestrian accident.
A Columbia pedestrian accident lawyer can retain several experts who can help your case satisfy the legal burden of proof.
First, if the insurance company is disputing fault for the accident, your attorney may retain a certified accident reconstructionist to visit the accident scene.
An accident reconstructionist may also review video camera footage of the accident, read medical records, look at police reports, and make an independent determination about exactly how the accident happened and who was responsible.
An expert accident reconstructionist may also testify in your case as a witness, either at a discovery deposition or during a civil jury trial.
In addition to an expert accident reconstructionist, your pedestrian accident attorney may retain a medical expert who can physically examine you and draft a medical report that causally relates your injuries to the pedestrian accident.
In many pedestrian accidents, victims suffer permanent injuries that will plague them forever. If you suffered one or more permanent injuries in your accident, a medical expert can state that fact in writing or testify in court to that fact based upon a reasonable degree of medical certainty.
Recoverable Monetary Damages in Columbia Pedestrian Accident Cases
Victims of pedestrian accidents may be in a position to receive various types of monetary damages. Because not all pedestrian accident victims suffer the same injuries, the total monetary award that accident victims receive will often vary considerably from case to case.
Factors that may affect an accident victim's monetary recovery include the nature and severity of their injuries, the cost of their medical treatment, and the effects of the accident and injuries on their overall well-being.
First, pedestrian accident victims may pursue monetary recovery for their medical expenses, both past and anticipated.
If they had to take time off work after the pedestrian accident to seek ongoing medical treatment and attend medical appointments, they may also recover their lost earnings.
Additionally, pedestrian accident victims can pursue compensation for the past and ongoing effects of their physical and mental injuries.
For example, an accident victim may receive compensation for mental distress, permanent cognitive impairments, long-term or lifelong care costs, loss of use of a body part, loss of life enjoyment, loss of spousal consortium and companionship, inconvenience, as well as past and future pain and suffering.
A skilled pedestrian accident lawyer in Columbia can determine the likely settlement or verdict value of your case, based upon your injuries and ongoing complications.
Your lawyer can then file a claim or lawsuit on your behalf and work hard to maximize the total monetary award you receive in your case.
Speak to a Pedestrian Accident Lawyer in Your Area Today
If you or a person you care about suffered injuries in a recent pedestrian accident that occurred at a traffic intersection, you need to act quickly. According to the state statute of limitations, a pedestrian accident victim must file a lawsuit within three years of the date of the accident.
If they file their lawsuit after the statute of limitations expires in their case, then absent some exceptional circumstances, they will be unable to recover the monetary compensation they deserve for their injuries.
A knowledgeable Columbia pedestrian accident lawyer can handle every aspect of the claims filing, settlement negotiation, and litigation stages of your personal injury case.
If the insurance company refuses to compensate you fairly for your injuries despite ongoing settlement negotiations, your attorney may file a lawsuit and litigate your case to a prompt resolution through the court system.
Your lawyer will also represent you at all legal proceedings during litigation, including a civil jury trial or alternative dispute resolution (ADR) proceeding, in pursuit of the monetary compensation you need and deserve for your injuries.
If you have serious injuries, you need serious legal representation. Consult an experienced Columbia personal injury lawyer as soon as possible.