Determining Fault in a Clinton Pedestrian Accident
A pedestrian injured in a traffic accident deserves to be compensated if the driver caused the accident. Under South Carolina law, pedestrians are required to obey traffic signals and cross with the light, and to avoid suddenly stepping into traffic. They are to use crosswalks when available and to walk to the right within them. A pedestrian who crosses the road outside of a crosswalk or without the aid of traffic signals is supposed to yield to motor vehicles.
South Carolina civil law follows the doctrine of modified comparative negligence in personal injury cases. As an accident victim, you can recover compensation for your losses as long as you were less than 51 percent at fault for the accident. If you are determined to be partially at fault, such as 20 percent responsible, any jury award would be reduced accordingly, meaning a $100,000 verdict would become $80,000 awarded to you.
Our pedestrian accident attorneys at the Joye Law Firm can investigate the circumstances of a serious accident in Clinton or elsewhere in Laurens County area to determine whether we can demonstrate that the driver was at fault for what happened to you.
Evidence that could help us determine fault in a pedestrian accident may include:
- The police report, which provides basic facts about the accident, including whether the driver was charged with something like speeding or drunk driving.
- Statements from you, the driver and other witnesses, such as fellow pedestrians, bystanders, other motorists, as available.
- Security camera recordings, which may have recorded the accident and its aftermath and are increasingly available in cities like Clinton, Greenville, Spartanburg and Columbia.
- Skid marks or lack thereof at the accident scene, presence of crosswalk and/or traffic control devices, visibility issues.
- Damage to the vehicle, such as a dented hood, broken headlight or windshield, which can help illustrate vehicle speed and force of impact upon the accident victim.
- Damage to clothing, shoes, jewelry or personal belongings, which also indicates speed at impact.
- Driver cell phone records, which may show a phone in use at the time of the accident and be evidence of distracted driving.
- Social media content, where negligent drivers sometimes incriminate themselves after causing accidents.
Some of the evidence that would help us establish your right to compensation can be degraded or lost over time, such as skid marks at the accident scene, camera footage or damage to the driver’s car. It is best to contact an attorney as soon as possible after a pedestrian accident.
We analyze our clients’ medical records to understand their injuries, the extent of which may also indicate the driver’s speed at the time of the crash, as well as the pain and suffering the accident has inflicted upon our client.
Most of our pedestrian accident cases are settled outside of court through our negotiations with insurance companies. When we must take a case to court, we do so fully prepared to win.
Even if you think you were partly at fault for a pedestrian accident, you should contact our Clinton, S.C., personal injury lawyers to discuss your legal options. Our Joye Law Firm attorney would work to mitigate any evidence of your contribution to the accident to maximize the amount of compensation you ultimately recover.
Our attorneys will seek a full and fair settlement if you have been hit by a car and seriously injured in a pedestrian accident in Clinton or elsewhere in South Carolina. Our personal injury lawyers at the Joye Law Firm have been successfully representing injured pedestrians from Clinton, Laurens County, and all over the Palmetto State for more than 50 years.
