South Carolina Pedestrian Accident Attorney
Traveling on foot to get around is very common in South Carolina, especially in a beach town or tourist areas. All drivers are required to obey all crosswalk and pedestrian signs while operating their vehicles, including cyclists. If a driver disobeys these laws, they can be held criminally and civilly liable for their actions or negligence behavior. A pedestrian is more likely to suffer fatal injuries when in an accident than any other person involved.
If you or a loved one has been injured or suffered a fatality due to a pedestrian accident, it is important to take proper recourse. You are owed justice and proper compensation for your expenses and suffering.
The South Carolina pedestrian accident attorneys at Mickelsen Dalton can help you obtain the justice you seek. We are here to help you through this stressful and complex process. If you have any doubts, please give us a call today and we will help answer any questions you may have.
Why Hire Mickelsen Dalton if You Have Been Injured in a Crosswalk?
Our personal injury attorneys in South Carolina are tenacious advocates who will always put our clients’ needs before anything else. The team at Mickelsen Dalton includes experienced lawyers well-versed in personal injury law and competent staff who will ensure proper case organization.
We are different from many other firms because we see your claim as more than just another case; we see it as a life in need. This is a trying time and an unthinkable situation, which requires the utmost attention.
The lawyers at Mickelsen Dalton put accessibility and communication as a top priority. We believe our clients should be able to receive an answer at any time of the day, as well as have routine updates on their cases. This is why we are available 24 hours a day, 7 days a week. We often form lasting relationships with our clients.
Why You Need a Pedestrian Accident Attorney
If you were injured in South Carolina or Georgia by a careless motorist, you may be entitled to compensation through an insurance claim or a personal injury action. Your pedestrian accident lawyer may be able to hold the at-fault driver liable for your injuries and collect compensation for:
- Future earning capacity, if you have lost the ability to return to work for any period of time
- Loss of immediate income during and after the injury
- Medical expenses and any other costs surrounding medicine and treatment for the injury
- Treatment requirements in the future, like physical therapy
After the accident, you may decide to employ a lawyer. A pedestrian accident attorney in South Carolina can help you navigate the legal system so you can concentrate on recovering from your injuries or caring for a loved one who has been injured.
Causes of Pedestrian Accidents
Any accident in which a motor vehicle collides with a pedestrian is referred to as a pedestrian accident. Pedestrians might be people on foot, skateboards, or scooters. Pedestrians attempting to cross roadways, sidewalks, or crosswalks are involved in these collisions. The following are some of the most common causes of pedestrian accidents:
- Distracted driving
- Driver under the influence of drugs or alcohol
- Failing to properly and fully stop when a pedestrian is present
- Failure to adhere to traffic signals
- Improper signaling
- Reckless driving
Determining Liability in South Carolina Pedestrian Accidents
Motorists and pedestrians both have a responsibility to exercise reasonable caution. A driver of a motor vehicle has a reasonable duty to operate their vehicle in a safe manner and to avoid engaging in any reckless behavior while doing so. When a driver fails to take reasonable care by driving carelessly and causes a pedestrian accident, the driver may be held accountable for the pedestrian’s injuries under the theory of negligence.
A pedestrian also has a responsibility to use reasonable caution when walking in a safe manner. A pedestrian might be held liable for his or her own injuries if he or she fails to exercise reasonable care for his or her own safety.
If you are injured in a South Carolina pedestrian accident, you have the right to pursue an insurance claim or a personal injury lawsuit against the person responsible. The liable party would be the person who caused your accident. Depending on the circumstances, you could file a claim against a motor vehicle driver, another pedestrian, the manufacturer of a defective part, and even the government.
It can be difficult to know what to do following a pedestrian accident. Your attorney from Mickelsen Dalton LLC can evaluate your case, determine who was responsible, and help identify your optimal path to financial compensation.
How Long Will Your Case Take to Reach a Settlement?
When you file a pedestrian accident claim, you may wonder how long it will take to recover compensation. You have medical bills to pay, damaged property to repair, and lost wages to recover from. In these situations, you want to resolve your claim as soon as possible.
Pedestrian accident claims can resolve within a few weeks or take a year or longer to settle. Certain factors could influence the length of your claim:
- Whether You File an Insurance Claim or Lawsuit: Insurance claims typically resolve faster than lawsuits. However, filing a lawsuit may be necessary to recover fair compensation for your injuries. Always discuss your optimal legal pathway with an attorney.
- The Amount of Compensation That You Are Seeking: If you suffer from extensive injuries, require lots of medical care, spend lots of time out of work, or endure significant pain and suffering, you may request a higher award. It can take a longer time to secure adequate compensation, and your case may even need to go to trial.
- Whether You Hire an Attorney: One of the main duties of a pedestrian accident lawyer is to help you recover a fair settlement as soon as possible. An attorney can help you avoid common mistakes that would otherwise delay your case. Additionally, he or she can negotiate aggressively for your right to recovery and work to settle your case before going to trial, if it is in your best interest.
What is the Statute of Limitations for Pedestrian Accident Claims?
If you plan on filing a pedestrian accident claim, it is important to adhere to the statute of limitations. This law sets a deadline for filing claims like personal injury or wrongful death lawsuits. In the event that you miss the appropriate deadline, the court will most likely dismiss your case and prevent you from recovering a settlement.
For personal injury claims, the statute of limitations in South Carolina is three years from the date of your accident. There are some exceptions to this rule, but they do not often apply to pedestrian collisions. To preserve your ability to recover a settlement, speak to a lawyer as soon as possible to discuss your claim and identify your filing deadline.
What to Do After a South Carolina Pedestrian Accident
After a pedestrian accident, it’s common to feel scared and overwhelmed. You may be in shock over what just happened and struggle to process the event. However, the actions that you take immediately after the collision will have a major impact on your case.
If you were injured in a South Carolina pedestrian accident, take the following steps to protect yourself and seek help:
- Report the Accident to the Police: First, you will want to report the pedestrian accident to law enforcement. Call 911 or ask someone to call 911 for you. The responding officer will create a report that you can leverage as evidence in your future claim.
- Seek Medical Treatment: Next, you should seek medical care as soon as you can after the accident and save all of your medical records. Although you may not feel injured immediately after the accident, you should still go to the hospital. Your medical records will be essential pieces of evidence, and you may have internal injuries that have not shown symptoms yet.
- Gather Evidence: If you can move around after the accident without putting yourself at risk, you should gather evidence to support your future claim. Ask any witnesses in the area for their contact information. Take multiple photographs and videos of your injuries, property damage, and the area around the accident.
- Exchange Information, but Be Careful: You should also provide your name and contact details to the driver involved in the accident, and collect his or her information as well. However, be careful not to make any statements that imply that you were somehow responsible for the accident. Additionally, do not say anything about your injuries or lack thereof.
- Do Not Speak to the Insurance Company: After the accident, a representative from the at-fault driver’s insurance company may ask for a statement from you. You should never speak to an insurance company until you consult with a lawyer. Anything that you say could be used against you, and it is important to have someone on your side.
- Contact an Attorney: Finally, you should contact a South Carolina pedestrian accident lawyer as soon as possible after receiving medical care. Your lawyer will assess your case and help take your first steps toward recovering compensation.
How Much Does a Pedestrian Accident Attorney Cost?
Many people forgo legal representation because they believe that it is too expensive. While this may be true for many attorneys, the personal injury lawyers at Mickelsen Dalton LLC operate on a contingency fee basis. This means that you will not pay any legal fees unless your lawyer secures a settlement on your behalf.
If you do recover a financial award, your attorney will take an agreed-upon portion of your settlement as payment. This arrangement limits your out-of-pocket costs during a situation where financial hardship is common. Your lawyer will carefully explain your contingency fee arrangement when you enlist his or her help.
How Much Is Your Pedestrian Accident Case Worth?
Because settlements in pedestrian accident cases vary depending on the individual losses that you suffered, it can be difficult to estimate your future claim. There is no average or minimum amount that you can expect to receive. Your pedestrian accident lawyer from Mickelsen Dalton LLC will carefully examine all potential avenues to compensation and calculate your award.
Some factors could impact your case value:
- The severity of your injuries
- The length of time that you spend away from work
- Whether you developed a permanent disability
- Your ability to return to work
- The at-fault driver’s policy limits
South Carolina Pedestrian Accident Statistics
In the United States, over 7,000 pedestrians were killed in automobile accidents in 2020. It is estimated that one person dies every 75 minutes in a pedestrian accident.
Additionally, the CDC also reported that an estimated 104,000 pedestrians were treated for nonfatal crash-related injuries in emergency rooms. Pedestrians are 1.5 times more likely than passengers in passenger vehicles to be killed in a car accident per trip.
In a recent survey published by the South Carolina Department of Transportation, South Carolina remained in the top five states in terms of pedestrian deaths per capita, moving up to second. This is based on 187 pedestrian fatalities reported in 2020, accounting for almost 18% of all traffic fatalities. According to the most recent figures, the national pedestrian fatality rate is 1.98 deaths per 100,000 population.
Contact Mickelsen Dalton After Your Pedestrian Accident
If you have ever been in a pedestrian accident, you are well aware that medical bills may quickly add up. You might be unable to work and be in a lot of discomforts. If a loved one was killed in a car accident, you might find yourself without the financial and emotional support you needed. You deserve justice and an experienced South Carolina pedestrian accident attorney can help you obtain the compensation you are owed.
Contact Mickelsen Dalton today to discuss all legal options following your accident. Our attorneys are experienced, aggressive litigators who will fight for our client’s rights. Contact us online or give us a call at your South Carolina office at (843) 804-0428 or our Georgia office at (678) 641-9054. You can also contact us via email or our online form. We are here for you any day of the week and any hour of the day.