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.
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.
According to state law, drivers of motor vehicles must:
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.
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.
One of the most common causes of pedestrian accidents is distracted driving. A person may be:
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 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, 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 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 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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
Who is responsible for what happened to you? Our Greenville pedestrian accident attorney can help you find out. It may be:
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.