In the first half of 2022, 75 people were struck by cars and killed in South Carolina. That’s down from the same period during the previous year, but still puts the state in the top 25% for pedestrian fatalities. That’s about one in 70,000 South Carolina residents. And, of course, a great many more pedestrians are injured by motor vehicles.
Any motor vehicle accident can be deadly, but when it’s thousands of pounds of fast-moving metal against the human body, serious injuries and fatalities are more likely. Virtually all pedestrian accidents involve negligence–negligence of the driver who hit the pedestrian, of another driver on the road, of the entity responsible for the road design or traffic signals, or of the pedestrian.
Other types of driver negligence that may cause or contribute to pedestrian accidents include driving while fatigued and failing to move over to provide space when a car is broken down on the side of the road or a pedestrian is walking on the shoulder.
Pedestrians’ actions often contribute to the accident as well. When this happens–or can be argued–the responsible driver’s insurance carrier will usually try to shift as much of the blame to the pedestrian as possible to minimize the payout or avoid liability altogether. That’s one reason it’s important to work with an experienced car accident attorney who knows the insurance companies’ tricks and is prepared to counter effectively.
An experienced Charleston pedestrian accident attorney like Frank Hartman can assess the circumstances of your accident and identify any possible responsible parties beyond the driver who hit you.
Under South Carolina law, an injured pedestrian who was partly responsible for the accident can receive compensation as long as they were not more than 50% responsible. But, the amount of damages available will be reduced in proportion to the injured person’s fault. So, for example, a pedestrian who was 25% responsible for the accident would only be entitled to compensation for 75% of their damages.
Attorney Frank Hartman understands how traumatic being hit by a car or truck can be, and knows how important it is that you get the compensation you need to recover and rebuild. To learn more about how The Hartman Law Firm can help, call 843-300-7600 right now, or fill out the contact form at the bottom of this page.