Dangers of Pedestrian Accidents
Myrtle Beach is an excellent area for walkers, but it is also a common site of pedestrian accidents in the state. Overall, South Carolina and the rest of the country have witnessed an increase in pedestrian accidents in the last decade. According to the Governors Highway Safety Association, South Carolina is dangerous for pedestrians.
Explanations for this increase vary from more walkers to a rise in vehicular traffic. Whatever the reason, it benefits us to learn about pedestrian accidents and find a way to avoid them in our everyday lives. If such an accident causes an injury, it is possible to obtain compensation. When the untimely death of a family member occurs due to the negligence of another entity, the surviving members can file a wrongful death claim.
Morris Pedestrian Accident Law Firm
Pedestrian injuries are often brutal and catastrophic. Jeff Morris has helped many residents of the Myrtle Beach area recover financially after a devastating accident. Beyond his compassion, accident victims and their families appreciate his drive to uphold their rights. Call him at (843) 232-0944 to schedule a free, no-obligation case review. You’ll be able to discuss your case, have your questions answered and learn about your options moving forward.
Laws Governing Pedestrian Rights and Responsibilities
South Carolina law covers both pedestrian and motorists’ rights and responsibilities. The following is a cross-section of pedestrian rules:
- Pedestrians must cross only at crosswalks in areas where crossings exist.
- Pedestrians are not permitted to make their way across a street diagonally.
- Pedestrians must obey traffic devices.
- Pedestrians must use a sidewalk unless none are available.
- Walkers are required to yield to emergency vehicles.
- An intoxicated pedestrian must stay out of the road.
- Pedestrians are not allowed on the highway.
Rules concerning motorist responsibilities are:
- Motorists must yield to a pedestrian in a crosswalk when crossing signals are not functioning.
- Other drivers may not pass a motorist who stopped for a pedestrian.
- Motorists must stop for a sightless person using a cane or a guide animal even if they are not in a crosswalk but are crossing the road.
- If the motorist must drive across the sidewalk, they must yield to a pedestrian.
- Motorists are required to exert caution when around pedestrians.
- Drivers are required to check that there is no foot traffic when backing out of a driveway.
Driver Negligence in a Pedestrian Accident
If a motorist violates any of the laws governing pedestrians in South Carolina and in doing so causes injury or death to a pedestrian, the motorist can be held civilly liable. Additionally, motorists who strike a pedestrian while breaking a rule of the road, such as driving through a stop sign without halting, can also be held liable. The latter case is an example of a legal doctrine called negligence per se. In this case, it is unnecessary to prove negligence.
What Happens When Both the Pedestrian and the Driver Are Negligent?
South Carolina has a rule called comparative negligence. This means that both parties in an accident may be partially to blame. Under this rule, both parties can claim compensation as long as they are not more than 50 percent liable.
Morris Law Firm
Pedestrian injuries can be substantial. Call us at the Morris Law Firm, and let us help you file a claim against the negligent party. You should not have to bear both the physical and financial burden of an accident. You can reach us at (843) 232-0944 or contact us online.