Pedestrians confront many hazards in Spartanburg, but motor vehicles are the primary danger when a person is walking down the street or crossing a parking lot. Unfortunately, not every motorist uses the care we expect when they get behind the wheel. Any pedestrian could be struck or even run over by a dangerous motorist who fails to yield or watch where they are going. Call McCravy, Newlon, Sturkie, & Clardy if you were hurt in a pedestrian collision in Spartanburg. A Spartanburg pedestrian accident lawyer can answer your questions and provide a summary of your legal rights. We have won millions in settlements for our clients and can delve into greater detail about the ways we will help your case.
Why Pedestrian Accidents Cause Serious Injuries
Pedestrians have no protection around them when they step out of the house. A passenger in a car has the steel frame between them and another vehicle. Pedestrians, by contrast, end up suffering a direct hit from a vehicle going 40 miles an hour or even faster.
Motor vehicles can smash into pedestrians in intersections or in parking lots. A vehicle can hit a pedestrian full force at high speeds or back up over a person who doesn’t know what happened.
Some injuries include:
- Head and neck injuries—Whiplash, fractured skull, brain bleeding, concussion, and whiplash.
- Skin injuries—Abrasions, road rash, and friction burns, among others.
- Facial injuries—Broken nose, orbital fracture, cuts, and disfiguring scars.
- Back injuries—Spinal cord injury, herniated discs, spinal stenosis, and other long-lasting injuries.
- Catastrophic injuries—Blindness, amputation, paralysis, and permanent brain damage.
Victims should go to the hospital so a doctor can diagnose their injuries and put together a treatment plan. Avoid delay.
Someone who waits to see a doctor hasn’t mitigated their damages, and the defendant can argue you deserve less compensation as a result.
What Financial Compensation Can You Receive?
Negligent drivers should pay compensation to any pedestrian they hit. Motorists should carry liability insurance for this reason. Any injured pedestrian should submit a claim for financial compensation to cover:
- Full cost of medical care: You should seek financial compensation for all past and future medical care, including surgery, crutches, pain medication, and rehab.
- Income loss: An injured pedestrian might have to work part-time while they heal—or they might stay home and not work at all. They should seek compensation for all lost wages or income. When you suffer permanent or long-lasting injuries, you can request a loss of earning capacity, which compensates for future income loss.
- Pain and suffering: In addition to costing victims money, car accidents leave them wracked with pain. You should receive compensation for bodily pain, mental anguish, and loss of enjoyment of life.
- Punitive damages: South Carolina law allows victims to seek punitive damages when the defendant acted in a willful, wanton, or reckless manner. (South Carolina Code § 15-32-520) A drunk driver is an example of someone who might need to pay punitive damages. We need clear and convincing evidence that the defendant acted dangerously.
Some pedestrians unfortunately die in an accident. They leave behind close family members like spouses, children, or parents. Some family members can seek compensation in a wrongful death lawsuit. Call McCravy, Newlon, Sturkie, & Clardy to speak with a Spartanburg pedestrian accident attorney about whether this is an option for you.
Finding the Right Spartanburg Pedestrian Accident Lawyer
Hundreds of lawyers advertise their services in and around Spartanburg. How can you find the right lawyer for your case?
We recommend looking for:
- Personal injury experience. This is a unique area of law. It isn’t anything like criminal law or divorce and family law cases. You might have loved your divorce lawyer, but she lacks any experience negotiating a personal injury case. Your lawyer ideally should have deep experience in personal injury law, including pedestrian accidents.
- Record of success. A new lawyer might be talented, but they don’t have the experience necessary to win tough cases. We have won millions for injured victims like you and gone up against many large South Carolina insurance companies.
- Effective communication style. We believe in keeping our clients in the loop with what is happening with their cases. Our clients have important decisions to make, and we believe in clear communication.
- Litigation experience. Most pedestrian accident cases will settle—but not all can. Sometimes, disagreements arise over fault and the measure of damages. Our firm can file a lawsuit in court and present a case to a jury, if necessary, to make sure you get the compensation you are entitled to.
Call our offices to schedule a free consultation with an experienced attorney. We can provide more details about our services.
We’ll also explain how we charge our clients using contingency fee agreements. You won’t owe us anything unless we win your case—it’s that simple.
Deadlines for a Pedestrian Accident
Most pedestrians end up bringing a claim against a negligent driver. South Carolina’s statute of limitations identifies the maximum amount of time you get to file, which is currently three years.
(South Carolina Code § 15-3-530(5).) If a loved one died, then the personal representative must file a wrongful death claim within 3 years of the victim’s death.
Tragedy awaits anyone who goes over this deadline, even accidentally. The defendant can ask the judge to dismiss the case for being untimely. Judges will agree, which means you could very easily end up with no money for your injuries. Some clients might qualify for an exception to the three-year deadline, but please don’t count on it. Instead, reach out to our law firm to speak with a Spartanburg pedestrian accident attorney who can help.
Call McCravy Law Firm Today
Pedestrian accident cases are high-stakes legal disputes. Injured pedestrians usually have mammoth medical bills and no way of earning money to cover them or their many other bills.
Insurance companies often deny claims, sometimes for frivolous reasons. You need experienced legal help in your corner.
Contact us to speak with a Spartanburg pedestrian accident attorney about your accident in a free case evaluation.