When a pedestrian gets hit by a car in Columbia, determining who is at fault is not always straightforward. South Carolina law recognizes that both drivers and pedestrians can share responsibility for an accident. Understanding how fault works in pedestrian accidents, including crosswalk crashes, helps you understand your rights and what compensation you may be able to pursue. The key is understanding South Carolina’s comparative negligence rule and how it applies to your situation.
Why Choose Goings Law Firm for Your Pedestrian Accident Case
Goings Law Firm represents injured people in Columbia and throughout South Carolina in personal injury matters. The firm’s homepage states that it has been representing injured people in Columbia for more than a decade and handles cases across all 46 South Carolina counties. The site also states that the firm offers free consultations and uses a contingency-fee model, saying clients pay nothing unless compensation is recovered.
Robert F. Goings and the team of experienced trial attorneys are committed to helping injured pedestrians recover fair compensation. The firm’s stronger promotional claims were softened to stay consistent with compliance standards. References to recovering compensation and case handling were kept general unless directly supported by the source page. Pedestrian accident claims require specialized knowledge of traffic law and negligence principles.
Understanding Fault in Pedestrian Accidents
Fault in a pedestrian accident is based on negligence, meaning who failed to act with reasonable care under the circumstances. A driver may be at fault if they were speeding, distracted, impaired, or failed to yield to a pedestrian with the right of way. A pedestrian may share fault if they entered traffic unexpectedly, ignored a signal, or crossed in an unsafe manner.
Fault is not determined simply by who was injured. Instead, the analysis focuses on whether either party violated traffic laws or failed to use reasonable care. In many cases, both the driver and the pedestrian may share some responsibility. South Carolina law may still allow an injured pedestrian to recover damages when they are partly at fault, subject to the state’s comparative negligence rule. Negligence analysis is central to establishing liability in pedestrian accident cases.
South Carolina’s Comparative Negligence Rule
South Carolina follows a modified comparative negligence system. An injured person may recover damages as long as they are not more than 50% at fault for the accident. If they are found to be 51% or more at fault, they cannot recover damages.
For example, if a pedestrian was crossing outside a crosswalk and a driver was also speeding, a fact-finder could assign a percentage of fault to each side. If the pedestrian’s share of fault is 40%, any damages award would generally be reduced by that percentage. If the pedestrian’s share is 60%, recovery would be barred. Understanding how comparative negligence affects your case is critical to evaluating your claim. This is why evidence and case presentation matter in pedestrian claims. Modified comparative negligence allows recovery even when you share some fault.
Common Causes of Pedestrian Accidents in Columbia
Pedestrian accidents can happen for many reasons. Distracted driving, speeding, and impaired driving are common contributing factors. Failure to yield at crosswalks or intersections can also lead to serious injuries.
Visibility can also play a role, especially at night, during bad weather, or in poorly lit areas. In some cases, roadway conditions or infrastructure issues, such as faded crosswalk markings or malfunctioning signals, may contribute to the accident. The facts of each crash need to be examined individually. Our Columbia car accident lawyers have experience investigating these complex cases. Negligent driving is a leading cause of pedestrian injuries in Columbia.
Determining Fault in Crosswalk Crashes
In a marked crosswalk, drivers generally have a duty to yield to pedestrians who are crossing lawfully. Pedestrians also have a duty to obey traffic signals and avoid stepping into traffic when it is unsafe to do so. When a crosswalk crash happens, investigators and insurers usually look at multiple forms of evidence.
Police reports often document the scene and may note suspected traffic violations. Witness statements can help explain how the collision happened. Camera footage, if available, may show the timing of signals and the movements of the driver and pedestrian. Medical records can help document the injuries. In more disputed cases, accident reconstruction may also be used to evaluate speed, braking, and angles of impact. Evidence gathering is essential to proving fault in crosswalk accidents.
What Damages Can You Recover?
If you can establish liability in a pedestrian accident case, you may be able to recover damages for medical expenses, lost wages, and other accident-related losses. Depending on the facts, you may also seek compensation for future treatment, reduced earning capacity, pain and suffering, and emotional distress.
If the at-fault driver has limited or no insurance, your own uninsured or underinsured motorist coverage may provide another potential source of recovery. The exact damages available will depend on the evidence, the severity of the injuries, and the applicable insurance coverage. Understanding the full scope of damages is essential to pursuing fair compensation. Pedestrian injury damages can include both economic and non-economic losses.
Frequently Asked Questions
What if I was partially at fault for the pedestrian accident?
Under South Carolina’s modified comparative negligence law, you may still be able to recover damages if your share of fault does not exceed 50%. Any recovery is generally reduced by your percentage of fault. Learn more about how comparative negligence affects your recovery. Partial fault does not necessarily prevent you from recovering compensation.
How long do I have to file a pedestrian accident claim in Columbia?
In many South Carolina personal injury cases, the statute of limitations is three years from the date of injury. Acting sooner is still important because evidence can be lost and witnesses may become harder to locate over time. Our Columbia personal injury attorneys can help ensure you meet all critical deadlines. Timely filing is essential to protecting your legal rights.
Can I recover damages if the driver had no insurance?
You may still have options. If you have uninsured motorist or underinsured motorist coverage through your own auto policy, that coverage may apply even if you were a pedestrian at the time of the accident. Uninsured and underinsured motorist coverage can provide critical protection in these situations. UM/UIM coverage may be your best option when the at-fault driver lacks insurance.
What evidence helps prove fault in a crosswalk accident?
Helpful evidence can include police reports, witness statements, photographs, video footage, medical records, and, in some cases, accident reconstruction analysis. The stronger the evidence, the easier it may be to respond to disputes over fault. Our attorneys have experience gathering and presenting evidence in pedestrian accident cases. Evidence preservation immediately after an accident is critical to your claim.
Do I need an attorney for a pedestrian accident case?
Pedestrian accident claims often involve disputed liability and significant injuries. An attorney can help gather evidence, communicate with insurers, evaluate settlement offers, and file suit if needed. Goings Law Firm states on its website that it prepares cases as if they will be tried before a jury, which may affect how claims are handled and negotiated. Learn more about the benefits of hiring a personal injury lawyer. Our experienced trial attorneys are prepared to take your case to court if necessary.
Contact Goings Law Firm Today
If you or a loved one was injured in a pedestrian accident in Columbia, Goings Law Firm offers free consultations to discuss your situation. The firm’s website also states that clients do not pay attorney fees unless compensation is recovered. Call (803) 350-9230 or contact the firm online to discuss your case.
An attorney can review the facts, explain how South Carolina’s comparative negligence rules may apply, and discuss possible next steps. Our experienced pedestrian accident attorneys are ready to help. Schedule your free pedestrian accident consultation today.
