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Pedestrian Accident Questions

Greenville, Spartanburg, South Carolina

This page contains questions and answers to general questions about pedestrian accidents. If you need additional information, consult a pedestrian accident injury attorney.

What should I do if I am involved in a pedestrian accident?

If you or a loved one is involved in a pedestrian accident, remember to stay calm and never leave the scene of an accident. Here are some other tips:  

• Call for emergency medical treatment for any injuries. Even if you believe your injuries are minor, make sure you see a doctor soon after the accident, because it may take a little while for your injuries to surface.
• Call the police to file an accident report, even if it was a hit-and-run. If the police are unable or unwilling to respond to the scene, make your own detailed accident report.
• Obtain the information of the other parties involved, along with any eyewitnesses. Be sure to collect everyone’s name and phone number. Of the other vehicle involved, write down the driver’s license number, license plate number, registration and insurance information
• Contact your insurance company and notify them of the accident

Can a victim still make a claim when crossing outside of a crosswalk?

Yes. There are laws that govern these types of pedestrian accidents such as these. However, keep in mind that if you are crossing the street without the aid of a crosswalk or pedestrian signals, an insurance provider will surely try to discredit your claim. However, if you or a family member has suffered a pedestrian injury, you should contact a pedestrian injury lawyer to discuss your claim. A qualified personal injury lawyer will be able to win you compensation for medical bills and lost wages in a majority of situations.

What is comparative negligence?

South Carolina uses a system of comparative negligence, meaning that you may sue another party for damages even if you were partly responsible for the accident. The catch is that you must prove that you were less than 50 percent responsible for the injury, and that the other party was “more” at fault than you were. This system of comparative negligence “compares” the amount of fault of all the parties involved. Your percentage of fault will be deducted from the total amount of your claim, but your claim will not be completely denied because you played a role in your injury.

What should I do if I was hit by an underinsured or uninsured motorist?

Your automobile insurance policy can be used when drivers of other vehicles cause you damage and they are underinsured or uninsured. This is called underinsured or uninsured motorist coverage, and most people carry it on their automobile insurance policies. If you have this type of coverage, it can protect you and your family if you are struck by someone who is underinsured or not insured at all. If you do not carry this type of insurance, it still may be possible to collect damages. Contact a pedestrian accident attorney to discuss the details of your situation.

What kinds of damages can I collect in a pedestrian accident injury claim?

The costs of a pedestrian accident can be astounding for victims. Therefore, a pedestrian accident claim aims to recover some of these costs, while also compensating you for emotional turmoil. You may be able to recover the following:

• Medical bills
• Lost income
• Loss of future earning capacity
• Pain and suffering
• Rehabilitation costs

The negligent party that caused your pedestrian accident should pay the legal consequences. If you or a loved one was hurt in a pedestrian accident in the Spartanburg or Greenville, South Carolina, area, please contact the Dick James Law Firm to schedule a free consultation.