What happens if you’re walking to work, the store, or just out for a stroll and you get hit by a car? Who pays for your medical expenses, lost wages, and other losses? In most cases, another party is legally responsible. Don’t let others try to tell you that you have no rights or that it was your fault. Pedestrians in Charleston, SC have rights, especially when they are struck by motor vehicles. Call Mickelsen Dalton’s pedestrian accident lawyers right away to learn how we may be able to help you recover financial compensation for your injuries.
Getting involved in a pedestrian accident can be disorienting and traumatic. During such tough times, having the right legal support helps you navigate through complex legal procedures and strengthens your case for maximum compensation. Here are specific steps that the lawyers at Mickelsen Dalton Trial Lawyers can take:
Investigation: We will undergo an exhaustive investigation into your accident to uncover key details and gather essential evidence like surveillance footage, eyewitness accounts, and any other relevant evidence that could bolster your claim’s credibility.
Communicate With Insurers: We will handle all negotiation discussions with insurance companies on your behalf, ensuring that you are not taken advantage of and end up with a smaller settlement than you really deserve.
Help With Medical Documentation: Our experienced attorneys can aid you in obtaining and maintaining meticulous medical records to showcase to the insurance company and to the judge and jury at trial if necessary. This can help conclusively show what damages you’re entitled to.
As a firm, we’ve demonstrated successful performance by collecting more than $40 million for our clients in just three years. We are driven by unwavering dedication towards securing justice and ensuring you get the compensation you need to get your life back on track.
If you’ve been involved in a pedestrian accident, you might be wondering how much your case is worth. Several factors come into play when determining the value of your claim:
First and usually the most critical factor determining the value of your claim is the amount of damages you suffer, including economic and non-economic.
Economic damages include expenses such as medical bills, loss of earnings (both past and future), rehabilitation costs, and other financial expenses and losses that are a direct result of the accident.
Non-economic damages cover intangible losses that do not have a concrete monetary value attached to them, like pain and suffering or emotional distress.
Major injuries with life-altering consequences or permanent damage usually lead to higher settlements because they not only involve more substantial immediate healthcare costs but also affect future personal and career prospects drastically. This can significantly increase economic losses, as the more serious and permanent an injury is, the more compensation you will need to get back to your life.
If the party at fault accepts liability early on and shows eagerness to take responsibility for damages, the chances of a quicker and potentially higher settlement increase. Additionally, the faster the claim is settled, the less that will have to be spent on court fees and expert witness fees, which ultimately puts more money in your pocket.
Finally, it’s crucial not to overlook the insurance coverage of the at-fault party. The limit set by their insurance policy plays a significant role in determining what amount can be recovered from them. Even if your damages far exceed this limit, you may only be able to receive up to that threshold unless you decide to pursue a personal injury lawsuit.
Mickelsen Dalton fights for you to receive compensation for all your emotional and physical injuries.
Some common injuries we see from pedestrian accidents in Charleston, SC are:
Physical injuries aren’t all you suffer when you’re hit by a vehicle. Emotional injuries are just as serious. They range from PTSD to loss of sleep to anxiety.
Pedestrian accident cases can seem daunting. But by allowing us to help you prove negligence, collect evidence, and get witness statements, we can build a strong case for you. A critical factor in making your case is proving negligence. Here are a few kinds of evidence that can greatly help corroborate your case:
Hospital Bills & Medical Records: These documents serve as solid proof of medical expenses you incurred in the accident.
Receipts for All Associated Expenses: Other than immediate hospital bills, keep track of all related financial costs, including follow-up visits, medication costs, physical therapy, transportation to and from appointments, and anything else that can show the financial losses you’ve experienced.
Photos of The Accident Scene: Pictures captured immediately after the accident documenting everything in detail including injuries, damage to the other vehicle, traffic signals, road conditions, and weather conditions can help prove liability.
Witness Testimony: Witnesses who saw the incident unfold first-hand can provide testimony that can corroborate your version of events and help prove that someone else was responsible for your injuries.
Expert Testimony: Professionals in related fields such as accident reconstruction experts, medical practitioners, or mechanical engineers often provide insightful understanding about what caused the accident.
Ultimately, you must prove negligence to make your case.
Proving negligence, unfortunately, falls on the victim of the accident. And that can leave you feeling defeated. How do you prove it? What can be used to help you prove your case?
All of this evidence can be important in court. We can help you gather any of this evidence as we fight for you.
When you are involved in a pedestrian accident, one of the first questions that may arise is about who bears responsibility for your injuries. Liability isn’t always straightforward and may not be confined to a single party; instead, it often lies with one or more parties based on their level of negligence. Some of the most common parties that could be responsible include the following:
More often than not, operators of cars or trucks stand out as the primary culprits behind pedestrian accidents. They can be held responsible if they were disobeying traffic laws at the time — maybe speeding, ignoring crosswalk rules or red lights, driving distractedly (on the phone), or driving under the influence of alcohol or drugs, which eventually led to the collision.
In certain cases, the city or town where your accident occurred might be deemed liable if it’s found that poor road conditions were a contributing factor. Examples of negligence by municipalities can include improper signage (faded stop signs or missing pedestrian crossing signals), poorly maintained roads rendering them unsafe for pedestrians, and inadequate street lighting hindering visibility at night.
It’s possible that in some circumstances, pedestrians can be partially at fault for their own injuries. This happens where the pedestrian’s actions contribute to the accident – such as crossing against traffic signals, walking along highways where pedestrian access is not allowed, or entering a roadway without checking for incoming traffic:
This brings into play an important legal concept known as modified comparative negligence:
“Notwithstanding the application of this section, setoff from any settlement received from any potential tortfeasor prior to the verdict shall be applied in proportion to each defendant’s percentage of liability as determined pursuant to subsection (C).”
Under this rule, plaintiffs are still eligible to file a personal injury lawsuit even if they share some degree of fault for the accident. However, there’s one crucial requirement: you must be less than 51% responsible in order to make a claim. If you’re 51% or more at-fault, you will be barred from filing.
Additionally, damages awarded are also reduced by the percentage of blame attributed to you. For example, if a court determines that you were 30% at fault for your pedestrian accident and awards total damages at $100,000, then because of this shared blame, they would reduce these damages by 30%.
This means instead of receiving the full amount originally calculated at $100,000, you would be able to take home $70,000.
There are steps to help make proving your case easier. These three things can be crucial in your case being successful.
At Mickelsen Dalton, our Charleston personal injury attorneys don’t charge any upfront fees in cases involving pedestrian accidents. We work on what is known as a contingency fee arrangement. We advance all costs associated with handling the case and only charge a fee if we are successful in recovering compensation. We believe that this arrangement allows everyone the opportunity to hire a great lawyer, regardless of their ability to pay.
When you are faced with the daunting task of trying to recoup expenses that you incurred due to a pedestrian accident, you may wish that you had someone who could take the stress off of your shoulders. Mickelsen and Dalton can do that for you. Contact us for your free consultation today, and let us handle the work for you.