In pedestrian-vehicle accidents, it’s the driver who’s at fault, right? Not necessarily. A recently published examination of over 2,700 pedestrian crashes in Ohio found that drivers were found at fault 53.6% of the time and pedestrians at fault in 36.4% – more than 1 in 3 accidents.
What does this mean for you? If you’re involved in a pedestrian-vehicle accident in South Carolina, a crucial step to coming to a settlement is determining liability, that is, finding out who was at fault for the accident. It may be the driver, the pedestrian, or both.
When determining liability in a pedestrian accident in South Carolina, here are some factors to consider.
Both Drivers and Pedestrians Have Responsibilities on the Road in South Carolina
Liability is assigned by looking at the duties of the parties involved and determining who breached their duty. In South Carolina, both drivers and pedestrians have a duty to behave in a safe manner and not endanger others on the road.
The South Carolina Department of Public Safety outlines the responsibilities of both drivers and pedestrians on the road in SC.
In addition to obeying speed limits, traffic lights, and traffic signs, and not driving under the influence, drivers must:
– Exercise due care to avoid a collision with a pedestrian or cyclist
– Yield to pedestrians in a crosswalk without traffic lights (or when traffic lights are not in operation)
– Not pass a vehicle stopped to allow pedestrians to cross
A driver who fails to abide by these duties, or who otherwise breaks traffic rules, and is involved in an accident may be found wholly or partially liable for the accident.
Pedestrians must:
– Obey traffic lights, signals, and signs
– Yield to traffic when not crossing on a crosswalk
– Yield to emergency vehicles
– Not stand in the middle of the roadway
– Stay on sidewalk if there is one or walk on the shoulder if not
– Stay off of freeways and certain bridges and railways
– Stay off of roadways if dangerously intoxicated
As you can see, pedestrians have many responsibilities to behave in a safe manner and not endanger others on the road. If they break these or other rules, they may be found wholly or partially liable for the accident.
What happens when both parties contributed to the accident? Say, the driver was speeding and the pedestrian crossed against the light?
Comparative Negligence in South Carolina
In accidents caused by both the driver and pedestrian, another important step is to apportion liability to each party. After examining the evidence, it may be determined that the driver was, say, 30% responsible for the accident while the pedestrian was 70%, or vice versa.
This matters because South Carolina is a “modified comparative negligence” state. If someone is injured in an accident, they may be able to recover damages even if they were partly responsible for causing the accident. The threshold is 50%, so an injured party found to be no more than half responsible for the accident may be able to recover damages. Someone found to be 51% responsible may not recover damages.
The amount of liability is important because the amount of damages the injured party is able to recover is reduced proportionally according to how much they contributed to the accident. For example, a pedestrian who was 30% responsible for the accident may only recover a maximum of 70% of damages.
Read more about Comparative Negligence in Personal Injury Cases here on our blog.
Who Determines and Apportions Liability?
The majority of pedestrian-vehicle accident cases are settled out of court through insurance companies. They gather and examine evidence from the accident to determine what happened and apportion liability, then negotiate a settlement amount. This is where having an attorney on your side can help, since an attorney is often able to present a stronger case and negotiate for a substantially higher settlement.
If the parties cannot come to an agreement on a settlement, the case may go to trial. Then it’s up to the judge or jury to determine and apportion liability.
Call the Personal Injury Attorneys at The Carolina Law Group
If you were injured in an accident as a driver or a pedestrian, call us at The Carolina Law Group. Our personal injury attorneys have experience handling pedestrian accident and motor vehicle accident cases and are prepared to fight for you. By conducting our own accident investigations, building a strong case, and negotiating with insurance companies, we can help you get the compensation you need and deserve. We’re also prepared to go to trial if that’s what it takes.
Let’s talk – call today to schedule your free, no-obligation consultation.
The Carolina Law Group has four offices in South Carolina for your convenience: Greenville (principal office; call 864.312.4444), Greer (principal office; call 864.757.5555), Spartanburg (principal office; call 864.312.4444) & West Columbia (principal office; call 803.881.1110).
Call us at one of our four offices or contact us online to schedule your free consultation with one of our attorneys. Our business hours are Monday – Thursday 8:30am – 5:30pm & Friday 8:30 am – 5 pm. Weekend and evening hours by appointment only. Our Greenville, SC law firm offers Spanish, Hindi, and Gujarati language translation services for your convenience.