Who is Liable in a Pedestrian Accident?

Pedestrian accidents can be very painful, resulting in serious and potentially life-threatening injuries. In South Carolina, victims of these accidents have the right to hold the at-fault person or entity accountable by filing personal injury lawsuits or insurance claims.

In most cases, the at-fault party in a pedestrian accident case is a motor vehicle driver. However, other parties could be liable as well. If you are injured in one of these collisions, it is important to work with an attorney to identify the liable party.

South Carolina is a Fault Car Accident State

South Carolina follows a fault-based standard for car accidents. Drivers have a responsibility to follow traffic laws and drive their cars safely for the road conditions. If a negligent driver causes an accident, he or she is financially liable for any injuries that occur.

Victims of these accidents can file claims against the at-fault driver, including other motorists, cyclists, and pedestrians. The driver would then be responsible for paying for the victims’ medical care, property damage, lost wages, and more.

Liable Parties in a South Carolina Pedestrian Accident

In most pedestrian accident cases, the at-fault party is a motor vehicle driver. If a motorist caused your accident, you have the right to file a personal injury lawsuit or insurance claim against him or her. However, not all pedestrian accidents are caused by negligent drivers.

Depending on the circumstances surrounding your case, any of the following parties could be responsible for your accident:

• Government Agencies: Some pedestrian accidents occur due to a road defect, such as a pothole or poorly designed road. In these situations, you could file a lawsuit against the government agency responsible for the defect.
• Product Manufacturers: Dangerous and defective products can lead to pedestrian accidents, especially auto parts. If a defective product caused your accident, you could file a lawsuit against the manufacturer, retailer, and distributor of the item.
• The Driver’s Employer: Employers are liable for any accidents that their employees cause while performing their job duties. If the driver was on the job at the time of the accident, you could file a claim against his or her employer as well.

What to Do If You Are Injured in a Pedestrian Accident

Being involved in a pedestrian accident can be a life-altering experience. In these situations, you deserve justice—and the actions you take immediately after the accident could impact your ability to recover compensation.

Take the following steps after the accident to gather evidence, seek help, and prepare for your future case:

• Call 911 and report the accident to law enforcement. Collect the police officers’ information so that you can find the report later.
• Seek medical attention at a hospital or with your physician. Save all of the records related to your injuries and treatment.
• Briefly exchange information with anyone else who is involved in the accident. Do not say anything about your injuries or how the accident happened.
• If you can, take photographs and videos of the accident scene. If any witnesses saw the accident, ask for their contact information.

Once you receive medical care for the accident, contact a South Carolina personal injury lawyer to represent your case. Your attorney will review your situation and help you strategize your next steps.