Wearing Black as a Pedestrian: Is it a Form of Negligence in South Carolina?
According to The State, South Carolina cities are especially dangerous for pedestrians. Each year, many people lose their lives after being struck and killed by drivers. What if you lost someone you loved? Can you still pursue legal action if they were wearing all black at the time of the crash? Are pedestrians legally required to wear light or reflective clothing after dark? This might be something you want to discuss with your South Carolina pedestrian accident attorney.
There Is No Law Against Wearing Black Clothing After Dark in South Carolina
First of all, it is important to note that there is no law against wearing black clothing after dark in South Carolina. You are free to do so. That being said, safety organizations recommend that you consider reflective or brighter clothing after dark if you plan to walk around at night. If you enjoy the “all-black” fashion aesthetic, consider wearing reflective bands around your wrists or ankles. Many brands of sneakers are also implementing subtle yet effective reflective materials to help protect runners and pedestrians after dark.
The More Important Question: Who Had the Right of Way?
If you plan to take legal action after a pedestrian collision, there are more important questions to answer. First, you need to consider who had the right of way. If the pedestrian in question was jaywalking at the time of the accident, this might end up being a more important factor than reflective or black clothing. After such an accident, the driver might argue that regardless of clothing choices, they had the right of way. Such arguments can be difficult to refute.
On the other hand, a pedestrian might point to various forms of driver negligence when pursuing legal action. These factors might include reckless driving, speeding, intoxication, distraction, and basic traffic offenses.
When Black Clothing Might Become a Factor
Black clothing could become a factor in certain civil cases. South Carolina follows a “modified comparative negligence” doctrine, which means that you could lose the right to sue if you were more than 50% responsible for your own crash. Your decision to wear all black could potentially push you over that critical 50% threshold, especially if you’re facing an experienced defense attorney. This highlights the need to work with an experienced pedestrian accident attorney who can downplay the relevance of your clothing choices.
Can a South Carolina Pedestrian Accident Attorney Help Me?
A South Carolina pedestrian accident attorney may be able to help if you lost a loved one. A lawyer can also help if you are recovering after a pedestrian accident. While wearing reflective clothing is always a smart move after dark, there is no law prohibiting you from wearing black. As a result, this shouldn’t be a factor in your pursuit of justice and accountability. Discuss your situation in more detail with Mickelsen & Dalton, LLC today.
Source:
scstatehouse.gov/Archives/CodeofLaws2011/t15c038.php
