When a pedestrian is struck by a vehicle, the consequences can be devastating. Injuries range from minor cuts and bruises to severe trauma that could change lives forever.
If you or a loved one has been injured in a pedestrian accident in Columbia, you need an experienced pedestrian accident attorney who understands these cases and South Carolina laws. Call (803) 350-9230 or Contact Goings Law Firm, LLC online today to schedule your free case evaluation to take the first step toward recovery.
Why You Need a Pedestrian Accident Lawyer
Pedestrians face unique vulnerabilities on the road. Unlike vehicle occupants protected by airbags and seat belts, pedestrians have no barriers between themselves and oncoming traffic. Understanding your legal rights after a pedestrian accident is the first step toward recovery.
Dealing With Antagonistic Insurance Companies
Many injured pedestrians don’t understand their legal rights or the true value of their claims. Without representation, victims often accept settlement offers that fall far short of covering medical expenses, lost wages, and pain and suffering. A pedestrian accident lawyer can evaluate your case and ensure you understand your options. Our team at Goings Law Firm, LLC has recovered millions for injured clients – check out our client reviews for the proof.
In-Depth Investigation of Your Case
An experienced pedestrian accident attorney levels the playing field. We thoroughly investigate your case, gather evidence, and negotiate aggressively on your behalf. South Carolina’s modified comparative negligence laws add another layer of complexity. Even if you bear some responsibility for the accident, you may still recover damages—as long as you are less than 51% at fault. Understanding how comparative negligence impacts your case is essential to maximizing your recovery.
Common Causes of Pedestrian Accidents in Columbia
Distracted Driving
Distracted driving remains one of the leading causes of pedestrian injury accidents. Drivers texting, checking social media, or adjusting GPS systems take their eyes off the road for critical seconds. In that time, a pedestrian can step into the crosswalk or a driver can fail to see someone crossing the street. Many pedestrian injuries result from driver negligence that could have been prevented. Research from the CDC shows that distracted driving contributes to thousands of accidents annually.
Speeding and Reckless Driving
Speeding and reckless driving also contribute significantly to pedestrian injuries. When drivers exceed posted speed limits or drive aggressively, they have less time to react. A pedestrian struck by a speeding vehicle faces greater injury severity. Reckless driving demonstrates a disregard for public safety and strengthens your case for damages. Speed-related accidents often result in more severe injuries requiring extensive medical treatment and recovery from injuries sustained by negligent drivers.
Impaired Driving
Impaired driving—whether from alcohol, drugs, or prescription medications—impairs judgment, reaction time, and motor control. Drivers under the influence may fail to see pedestrians or misjudge distances and speeds. If you were hit by an impaired driver, you may have grounds for additional damages beyond standard negligence claims. Drunk driving accidents often result in catastrophic injuries and wrongful death.
Other Common Causes
Other common causes include failure to yield at intersections, poor visibility due to inadequate street lighting, defective traffic signals, road hazards, and driver fatigue. Each situation presents unique evidence and liability questions. Your attorney investigates all contributing factors to build the strongest possible case. Road defects and municipal negligence can also create liability in pedestrian accident cases.
Types of Injuries from Pedestrian Accidents
Broken Bones and Fractures
Broken bones and fractures are common in pedestrian injuries from impact accidents. Legs, arms, ribs, and pelvis fractures can require surgery, extended hospitalization, and months of rehabilitation. These injuries often result in permanent scarring and long-term complications that affect your quality of life. Fracture injuries frequently require ongoing physical therapy and may prevent return to work.
Head and Brain Injuries
Head and traumatic brain injuries occur when a pedestrian’s head strikes the vehicle or the ground. These injuries range from concussions to severe brain damage that affects cognitive function, memory, and personality. Brain injuries can have lasting effects on your ability to work and enjoy daily activities. Traumatic brain injury cases often result in substantial compensation due to long-term care needs.
Spinal Cord and Back Injuries
Spinal cord and back injuries can result in partial or complete paralysis, requiring lifelong care and assistance. Even injuries that don’t cause paralysis often result in chronic pain and limited mobility. These injuries frequently require ongoing medical treatment and may prevent you from returning to work. Spinal cord injury cases are among the most serious pedestrian accident claims.
Internal Injuries and Emotional Trauma
Internal organ damage, soft tissue injuries, and chronic pain conditions frequently develop after pedestrian accidents. Some victims experience emotional trauma and post-traumatic stress disorder (PTSD) as they recover from their physical injuries. Compensation for non-economic damages recognizes the full impact of your injuries. Emotional distress and PTSD are compensable damages in pedestrian accident cases.
Determining Fault in Columbia Pedestrian Accidents
South Carolina’s Comparative Negligence System
South Carolina follows a comparative negligence system. Even if you were partially at fault, you can still recover damages as long as you were less than 51% responsible. Your recovery will be reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, you would recover $80,000. South Carolina Code § 15-38-15 governs comparative negligence in personal injury cases.
Investigating the Accident Scene
Investigating the accident scene involves photographing the location, measuring distances, and documenting road conditions. Your attorney may hire accident reconstruction experts who can analyze vehicle damage, skid marks, and other physical evidence. Thorough investigation strengthens your claim and supports your version of events. Expert testimony often proves decisive in pedestrian accident litigation.
Gathering Evidence
Traffic camera footage and witness statements provide important evidence. Security cameras from nearby businesses, traffic cameras, and dashcam footage can show exactly what happened. Witness testimony corroborates the evidence and provides perspective on driver behavior. The sooner evidence is preserved, the stronger your case becomes. Police reports document the initial investigation and officer observations.
Identifying Liable Parties
Multiple parties may bear liability. The driver is typically responsible, but employers may be liable if the driver was working at the time. Municipalities may be responsible if poor road conditions or defective traffic signals contributed to the accident. Your attorney identifies all potentially liable parties to maximize your recovery. Identifying all liable parties increases the total compensation available.
Compensation Available for Pedestrian Accident Victims
Economic Damages
Economic damages compensate you for financial losses. Medical expenses include emergency room treatment, hospitalization, surgery, rehabilitation, and ongoing medical care. Your claim should account for both past medical bills and future treatment costs, which can be substantial for serious injuries. Understanding what you can recover from a motor vehicle collision helps you evaluate settlement offers. Medical bills often exceed $100,000 in serious pedestrian accident cases.
Lost Wages and Earning Capacity
Lost wages compensate you for income lost while recovering. If your injuries prevent you from returning to work, you can claim lost earning capacity. This is the difference between what you would have earned and what you can now earn, given your limitations. Your attorney calculates these damages based on your specific circumstances. Lost earning capacity can represent the largest component of your recovery.
Non-Economic Damages
Pain and suffering damages recognize the physical pain and emotional distress you’ve endured. Permanent disability and reduced quality of life also warrant compensation. If the accident resulted in death, surviving family members can pursue wrongful death claims. These damages are often the largest component of your recovery. Non-economic damages can exceed economic damages in serious injury cases.
Steps to Take After a Pedestrian Accident
Seek Medical Attention
Your actions immediately following a pedestrian accident significantly impact your case. Seek immediate medical attention, even if you feel fine. Some injuries develop over hours or days, and medical records document your injuries for your claim. Medical documentation is essential evidence in your case. Emergency room records establish the severity of your injuries.
Document the Scene
Document the accident scene with photos and video if you’re able. Capture the vehicle, road conditions, traffic signals, and street signs. Collect contact information from witnesses who saw the accident. This documentation becomes critical evidence if your case goes to trial. Scene documentation often determines liability in disputed cases.
Report and Preserve Evidence
Report the accident to the police and obtain a copy of the police report. Preserve evidence, including the clothing you wore and any medical records related to your injuries. The police report provides an official record of the accident and may include the officer’s assessment of fault. Police reports are admissible evidence in civil litigation.
Contact an Attorney
Avoid discussing fault with insurance adjusters or the at-fault driver. Insurance companies use your statements against you. Instead, contact an experienced pedestrian accident attorney who can handle communications and protect your rights. The sooner you consult with an attorney, the better we can protect your interests. Most pedestrian accident cases have a three-year statute of limitations.
Frequently Asked Questions About Pedestrian Accidents in Columbia
How long do I have to file a pedestrian accident claim in South Carolina?
South Carolina’s statute of limitations for personal injury claims is three years from the date of the accident. However, filing sooner is advisable because evidence can disappear and witnesses’ memories fade. Don’t wait to contact a personal injury lawyer about your pedestrian accident case. South Carolina Code § 15-3-530 establishes the three-year deadline to file personal injury claims.
What if I was partially at fault for the accident?
South Carolina’s comparative negligence system allows you to recover even if you were partially at fault, as long as you were less than 51% responsible. Your recovery is reduced by your percentage of fault. An attorney can help you understand how this applies to your specific situation. Comparative negligence rules apply to all personal injury cases in South Carolina.
How much is my pedestrian accident case worth?
Case value depends on injury severity, medical expenses, lost wages, and other factors. Your attorney can evaluate your specific circumstances and provide an estimate. Factors like permanent scarring or brain injuries significantly increase case value. Settlement values typically range from $50,000 to over $1 million, depending on injury severity.
Do I need to go to trial, or can we settle?
Many cases settle before trial through negotiation with insurance companies. However, if a fair settlement cannot be reached, your attorney can take your case to trial. Our firm has experience taking cases to trial and winning substantial verdicts. Trial experience often results in higher settlements during negotiations.
What should I do if the insurance company denies my claim?
An attorney can appeal the denial, gather additional evidence, and pursue legal action if necessary. Insurance companies sometimes deny valid claims, but you have legal remedies available. Appeals and litigation can overturn wrongful denials.
How long does a pedestrian accident case take?
Timeline varies depending on case complexity and whether a settlement or trial is necessary. Your attorney can provide a realistic estimate based on your specific situation. Most cases resolve within 1-3 years, though complex cases may take longer. Settlement negotiations typically take 6-18 months.
Contact Goings Law Firm, LLC for Your Free Consultation
If you’ve been injured in a pedestrian accident in Columbia, South Carolina, Goings Law Firm, LLC is ready to help. Our legal team serves clients throughout the Columbia area and surrounding counties.
We work on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you.
Contact Goings Law Firm, LLC today to schedule your free consultation and take the first step toward recovery. Call (803) 350-9230 to get started.
