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Greenville Pedestrian Accident Attorney

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Too many pedestrians are hit by motor vehicles. Drivers are distracted or not paying attention and will hit pedestrians. All too often, a few seconds of inattention by a driver will lead to a pedestrian’s severe injury or death.

If you or a loved one has been hit, you need an Greenville pedestrian accident attorney who knows the law and knows how to investigate and handle these cases. Even if you or your loved one was marked at fault by the police, our  can often help.

Greenville pedestrian accident attorney

What does South Carolina law say about pedestrians?

South Carolina law clearly states that a driver must exercise due care to avoid hitting a pedestrian, even when the pedestrian is not in a crosswalk.

Laws regarding driving near pedestrians

According to state law, drivers of motor vehicles must:

  • Exercise reasonable care to avoid a collision with a pedestrian or bicyclist
  • Yield to pedestrians crossing the roadway within a crosswalk when traffic-control signals are not present or are out of order.
  • Not pass or overtake a vehicle that is stopped to allow a pedestrian to cross the road at a marked crosswalk.

These laws are in place for a reason – to protect South Carolinians, whether they’re a driver or a pedestrian. The Upstate has seen far too many tragic pedestrian deaths in recent years, and as the area continues to grow, pedestrian safety laws are more vital than ever.

What are common causes of pedestrian accidents?

It can be daunting to think about how such an accident could occur and what it may mean for your future. Why did this happen? There are many reasons this can happen, and often, as Greenville pedestrian accident attorneys, we struggle to understand what happens or why, just as you do. Yet, there are some common reasons for these incidents to occur, including the following.

Distracted driving

One of the most common causes of pedestrian accidents is distracted driving. A person may be:

  • Looking at their phone
  • Talking to someone else in the car and not paying attention to what was happening around them
  • Eating
  • Texting
  • Tired or falling asleep behind the wheel

A driver is responsible for the actions of their vehicle no matter what type of incidents are occurring in the car or around them. Distracted driving is a common cause, but it is not an excuse or a defense.

Failure to yield

Failure to yield to a pedestrian occurs when the person walking has the right of way, but the driver does not stop. For example, they may continue on their turn even though there is someone in the crosswalk. Failure to yield is a common cause of accidents like this because even at a typically slower speed, the injuries can be devastating.

Speeding

Speeding, or driving above the posted speed limit, is illegal. It is also very common in many areas of Greenville as people go from one task to the next throughout the day. Yet, speeding is also a common cause of accidents. A driver that is going over the speed limit may not have enough time to stop when a person is in a crosswalk or on the roadway.

Impaired driving

Impaired driving occurs when a person is unable to operate a vehicle in a safe manner due to impairment such as from medications, illicit drugs, or alcohol. In some situations, these products can make it difficult for a person to stop quickly or react to changing circumstances in a safe and effective manner. Impaired driving is just as dangerous as falling asleep at the wheel in some situations.

Reckless driving

Reckless driving can include speeding but includes other types of actions as well. That may include drag racing, running a red light, failing to stop at a stop sign, or otherwise being aggressive behind the wheel. Road rage can also be a cause of this type of incident, especially on higher-speed roadways or in dense traffic situations.

Failure to observe weather conditions

Weather conditions play a role in how a vehicle operates when the brake is stepped on. For example, rain, snow, sleet, ice, and even windstorms can make it harder for a person to control their vehicle, making it hard to prevent a pedestrian accident. Driving through a thunderstorm when it’s hard to see well could also cause an accident.

Poorly designed infrastructure

In some situations, it is not the driver that is just responsible but also the city or transportation department if there is infrastructure that puts pedestrians at risk. For example, if there are high walls or landscaping that limits the view of drivers turning the corner because they cannot easily see past them at the driver, that can create a dangerous place for a person to walk.

Inadequate driver training

A new driver could also be responsible for mistakes they make that put others at risk. Inadequate driver training can also apply to those driving trucks or specialized vehicles that require more skill or unique skill to operate. Inadequate driver training may cause a person not to know they have to stop for a person in the crosswalk, for example.

Negligent behavior

There are various situations that can fall under negligent behavior. That could include improper turning, rideshare drivers who fail to obey the law, or those who engage in other behavior that is risky. Negligent behavior means that the driver should have known that their actions could put others at risk and still engage in it.

Greenville pedestrian accident attorney

What are common pedestrian injuries?

After an accident like this, the injuries you have are often related to factors such as the speed of the vehicle and where you are struck. Our Greenville pedestrian accident attorneys have helped many people to obtain compensation for a wide range of losses, including injuries like the following:

  • Traumatic brain injuries
  • Spinal column injuries
  • Broken bones
  • Lacerations
  • Road rash from being dragged
  • Burns
  • Disfiguring injuries
  • Loss of limbs
  • Death

These are just some examples of the most common pedestrian injuries our Greenville pedestrian accidents attorney sees on a routine basis. There could be many others that cause you pain, suffering, limited mobility, and health risk.

What should I do after being hit by a car?

After an accident, contact our personal injury lawyer in Greenville, SC, for immediate help. It is never too soon to call us for help. However, follow these steps to protect yourself from further loss after an accident.

1. Call 911 and ask for an ambulance and the police

In every situation, contact the police. Even if you think you are okay, calling the police ensures that you are taking the necessary steps to prevent any unknown injuries from going undetected. You need to be checked out at the emergency room. You also need to have the police on the scene to take your statement and gather evidence.

2. Take notes and photos of the scene

If it is safe to do so, take some photos of what occurred. Take photos of the driver’s license of the other party and get the name and phone number they offer. It is a good idea to take photos or a video of the entire scene.

3. Collect contact information from witnesses

If anyone saw what occurred or stopped to help you, ask for them to provide information to you. While you may be able to record a statement from them on your phone, even just gathering their phone number and name allows you to contact them later if you need additional information.

4. Keep a written or digital record of your experience in the minutes, hours, and days after the accident

Once this incident occurs, the next few days and weeks may cause you to experience various changes in the way you feel. Document everything that occurs. This will provide you with the best way of later determining what your losses are, and it can also save your life if you need to get back to the doctor soon.

5. Visit your primary care physician or specialist

After your ER trip, you may still need help from a professional. It is a good idea to schedule a follow-up with your primary care physician or any specialist that is recommended to you by the emergency room team. Do not miss these appointments even if you feel okay.

6. Speak with a Greenville pedestrian accident attorney

Calling a Greenville pedestrian accident lawyer is an essential step in this process. You may have numerous medical bills that someone else is responsible for paying, and our attorneys can help you hold them accountable. Do not speak to the insurance until you get some help from an attorney representing you personally.

How long do I have to file a pedestrian accident claim?

You have three years from the date of the accident to file most claims for compensation for any losses you have incurred, but only two years for governmental entities and a few other types of defendants.

However, the process takes time, and the sooner you act, the better. That means contacting your attorney to begin the process of gathering information, speaking to witnesses, and getting legal guidance before you file the claim.

How to find the right pedestrian accident lawyer for your needs

Finding a Greenville pedestrian accident attorney you can trust means looking at the history of the company and its ability to obtain compensation for its clients. We encourage you to find an attorney who:

  • Has a proven track record in pedestrian cases
  • Is available to answer your questions and provide you with insight
  • Is someone you feel comfortable speaking to

We’ll fight the insurance company to get you full compensation

Our Greenville pedestrian accident attorneys are here to help you. We are committed to working hard to help you obtain all the compensation for your losses. We know what is at stake and will work hard to meet your needs.

Which parties may be liable for your injury

Who is responsible for what happened to you? Our Greenville pedestrian accident attorney can help you find out. It may be:

  • The other driver
  • The government offices that created infrastructure injuries
  • A trucking company, if they are involved
  • Other people on the road with you

Hit by a car? Our Greenville pedestrian accident attorneys can help.

South Carolina law clearly states that a driver must exercise due care to avoid hitting a pedestrian, even when they are not in a crosswalk.

If this does not happen in your situation and you suffer losses due to personal injury, contact Smith Jordan Attorneys at Law for immediate help. Call us at (864) 343-2222 now to set up a free consultation to discuss your case with our team.

Do you have a legal question? Not sure what your next step is?

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