What You Should Know About Personal Injury Laws for Pedestrian Accidents in South Carolina

Pedestrian accidents are a serious concern in South Carolina, highlighting the need for awareness of personal injury laws pertaining to these incidents. Understanding your rights and the legal framework surrounding pedestrian injuries is crucial for both victims and drivers.

In South Carolina, the law prioritizes the safety of pedestrians, and there are specific regulations that govern pedestrian rights and responsibilities. South Carolina Code § 56-5-2870 states that pedestrians have the right of way in crosswalks, and drivers must yield to those crossing the street. However, pedestrians are also required to adhere to traffic signals and use marked crosswalks whenever available. Failing to do so may impact the outcome of a personal injury claim.

When a pedestrian is involved in an accident, determining fault is key to any potential compensation claims. South Carolina follows the modified comparative negligence rule, which means that if a pedestrian is found to be partially at fault for the accident, their compensation may be reduced by their percentage of fault. For instance, if a pedestrian is 30% at fault for the accident, their damage award would be reduced by 30%.

In cases where the driver is primarily at fault, pedestrians may seek compensation for medical expenses, lost wages, and pain and suffering. It’s essential to gather evidence such as photographs of the accident scene, witness statements, and police reports to support your claim.

The statute of limitations in South Carolina for filing personal injury lawsuits is three years from the date of the accident. Delaying action beyond this time frame may result in losing your right to claim damages. Therefore, it's advisable to consult with a personal injury attorney as soon as possible after the incident.

South Carolina also has specific insurance requirements that could affect pedestrian accident claims. The state mandates that drivers carry minimum liability insurance coverage, which can help cover pedestrian injuries caused by negligent driving. Unfortunately, not all drivers comply with these regulations, which can complicate recovery efforts. In such situations, underinsured motorist coverage may provide additional avenues for compensation.

Victims of pedestrian accidents should document all medical treatments related to their injuries, keep track of expenses, and maintain a record of how the injury affects their daily life. These details are vital when negotiating with insurance companies or when pursuing legal action.

In summary, understanding personal injury laws for pedestrian accidents in South Carolina is critical for ensuring victims can achieve rightful compensation. Pedestrians should be aware of their rights, the significance of fault determination, and the importance of timely legal action. Seeking the guidance of experienced legal professionals can greatly enhance your chances of successfully navigating the complexities of personal injury claims related to pedestrian accidents.