South Carolina and its cities have topped many lists in recent years, including best state to retire to, best small city, and most beautiful city in the country. Unfortunately, South Carolina is also #3 on a different kind of list – most dangerous states for pedestrians.
In 2022, 173 pedestrians were killed on South Carolina roads and 752 were injured, 217 of them seriously, according to the 2022 South Carolina Traffic Collision Fact Book (PDF). According to the study conducted by Smart Growth America, South Carolina, like most other states, is becoming more dangerous for pedestrians, with an increase in fatalities over the past decade.
If you are injured in a pedestrian accident in South Carolina, you have rights. Here’s what to know.
Your Rights After a Pedestrian Accident
You have the right to bring a civil claim against the driver at fault.
The first step in pursuing compensation after an accident is typically not filing a lawsuit. The first step is filing a claim with the at-fault party’s insurance company. In most cases, parties will be able to negotiate a favorable settlement. If parties cannot come to an agreement, however, or if the claim is denied outright, then it’s time to take legal action by filing a complaint with the court. That is your right.
You have the right to bring a civil claim in South Carolina even if you are partially responsible for the accident.
If you were partially to blame for the accident that left you injured, South Carolina law does not bar you from seeking compensation. SC is a modified comparative negligence state, meaning that injured parties may be entitled to receive damages as long as they contributed no more than 50% to the accident.
If you believe you contributed to the accident, read more about modified comparative negligence in South Carolina on our blog and what that could mean for you.
You have the right to seek economic, noneconomic, and possibly punitive damages.
South Carolina allows for plaintiffs to seek different types of damages. Economic damages cover things like medical bills and property damage. Noneconomic damages cover things like pain and suffering. Less commonly, punitive damages are imposed on the party at fault as punishment in extreme cases.
Read more about different types of compensation available to injured parties in South Carolina here on our blog.
Call the Personal Injury Attorneys at The Carolina Law Group
Were you injured in a pedestrian accident? If so, you may be able to pursue compensation from the at-fault driver or biker to cover medical bills, lost wages, pain and suffering, and more. Call the pedestrian injury lawyers at The Carolina Law Group. We’re ready to fight for you. We will build a strong case and negotiate with the insurance company on your behalf to obtain a full and fair settlement. If that’s not possible, we are ready to take the matter to trial to ensure you get the compensation you deserve. We’ll focus on the law so you can focus on what matters most – healing. Call us at one of the numbers below to schedule a free, no-obligation consultation and tell us your story.
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.