As a capital city, Columbia draws people from all over the state. The city is overflowing with people visiting parks and festivals, not to mention political rallies. In this crowded environment, it’s unsurprising that pedestrians often end up injured. Contact McCravy, Newlon, Sturkie, & Clardy if you were hurt in an accident. Most of our clients are injured by dangerous or careless drivers, and we can submit an insurance claim on the at-fault motorists’ liability coverage. Reach out to schedule a free consultation with a Columbia pedestrian accident lawyer.
Your Right to Compensation
Our clients may seek financial compensation when a motorist is negligent or otherwise dangerous while driving. Pedestrians are struck at intersections, in parking lots, and even while walking on the sidewalk. To receive compensation, you need to prove the driver was at fault for the crash, usually for one of the following reasons:
- Reckless driving: A motorist is at fault when they engage in reckless behavior like running a red light, driving on the sidewalk, or making an illegal U-turn.
- Distracted driving: A motorist might be looking at a cell phone or distracted by a child or pet in the car. When a motorist doesn’t look at the road, they can’t see a pedestrian crossing in front of them. A distracted driver is liable for colliding with a pedestrian.
- Illegal turns: South Carolina allows a right-hand turn on red light, provided the way is clear. A driver might simply make the turn even with pedestrians in the crosswalk, or they make an illegal left-on-red turn.
- Drowsy driving: A tired motorist is at risk of nodding off behind the wheel of a moving vehicle. Fatigue also delays reflexes and can lead to poor decisions.
- Chemical impairment: The risk of an accident skyrockets when a driver does drugs or drinks alcohol and then gets behind the wheel. Many impaired motorists are driving too fast or they take unnecessary risks.
These are the most common reasons for an accident. Call us to speak with a Columbia pedestrian accident attorney. We can begin an investigation to find out what happened.
Why Pedestrian Accidents Are Challenging
Personal injury law allows victims to seek compensation after a motor vehicle accident. But there are challenges with pedestrian cases:
- You probably suffered terrifying and painful injuries. It’s hard to negotiate a settlement if you can’t collect evidence or leave the house.
- Some insurance adjusters blame a pedestrian for darting into oncoming traffic and causing their own accident. They will deny you compensation because you bear most of the blame.
- The driver might have fled, so it is hard to know who to sue for compensation.
Call McCravy, Newlon, Sturkie, & Clardy to speak with a Columbia pedestrian accident lawyer. We can jump in and handle your entire legal claim.
How Much Can You Receive in a Settlement?
We have won settlements that cover the full range of our client’s damages:
- Lost wages or income, including gig or independent contractor income. Many pedestrians are so injured they can’t work and will miss months as they rehab. You should request compensation to cover any lost wages or income. If you suffer permanent injuries, then you might request loss of earning capacity.
- Pain and suffering, including mental distress. Your bodily injuries can lead to immense suffering, which deserves some form of financial compensation. This type of loss is subjective, so work closely with an attorney to review how the wreck has disrupted your life.
- Medical treatment and rehabilitation. Even a car crawling at 10 miles an hour can cause painful injuries. You might need surgery or a broken bone put in a cast. Other medical treatment includes physical therapy to help people walk and prescription medication to manage pain.
- Other damages. Let our Columbia pedestrian accident attorney review to determine the full scope of your losses.
Comparative Negligence: Did You Contribute to Your Accident?
Your negligence can diminish the value of any settlement. Suppose you rushed into a crosswalk when the light told you not to walk, or you darted into traffic to cross outside the intersection. In these cases, you might be partially to blame for the accident.
Your percentage of fault matters. In South Carolina, you will receive nothing if you are more at fault than the defendant.
However, if your fault is equal or less, you can receive something, but it’s reduced by your share of fault. Essentially, you can be up to 50% to blame but not over.
We always pay attention to any allegation you contributed to a wreck in any way. Our job is to minimize your role in the accident, if any.
Fatal Accidents
Unsurprisingly, many pedestrians are killed in collisions with speeding vehicles. We can help family members review if they have a wrongful death claim under South Carolina law. This is a unique legal claim for compensation.
Certain family members can seek financial compensation for lost financial support, final medical expenses, funeral costs, and other damages. The estate’s representative files the lawsuit and handles the legal claim, but let our attorneys help you during your grief.
Overview of a Pedestrian Accident Case
Here is what to expect if you are hurt in a crash and seek an insurance payout for injuries:
- Evidence gathering. Evidence will show how the accident happened, which helps prove fault. Some evidence is available at the scene of the collision. If you can, please talk to witnesses and get their name and a way of contacting them. Pictures of the vehicles involved are also helpful.
- Medical treatment. Some pedestrians are loaded into the back of an ambulance while unconscious. Otherwise, you should go to the hospital after finishing up at the scene of the accident. Remember to follow your doctor’s treatment plan, including all recommended rehabilitation.
- Consultation with a Columbia pedestrian accident lawyer. A lawyer can help with evidence collection since you are probably in intense pain. A lawyer also has tips for what to do—and what mistakes to avoid—so that you put yourself in a good position to win a case.
- Demand for compensation. Our firm can review your medical expenses and other damages before making a demand for compensation. Most drivers carry liability insurance, which should pay a settlement when the driver is at fault. We can demand fair compensation and explain why the driver caused the crash.
- Negotiation. Insurance companies usually reject our first demand. Instead, they extend a very low counteroffer. Negotiation usually takes months of back and forth.
- Mediation. This involves meeting with a trained mediator to talk about the case. We can attend mediation for you, which might be helpful.
- Filing a lawsuit. We also get a lawsuit filed before the deadline in the statute of limitations. We might also need to litigate all the way to trial if the other side won’t offer a fair settlement.
We can usually settle a pedestrian accident case in 6-12 months, but everything depends on the surrounding circumstances. Some drivers lack insurance, or the driver fled, which complicates a case.
Speak with a Columbia Pedestrian Accident Lawyer
McCravy, Newlon, Sturkie, & Clardy is eager to hear from anyone hurt in a pedestrian accident in Columbia. We have helped adults and children receive fair compensation from a negligent driver.