INVESTIGATING CHARLESTON PEDESTRIAN ACCIDENT CLAIMS
The driver of the vehicle that hit you might have been ticketed by Charleston police. A driver’s conviction of a traffic infraction is strong evidence of liability for a pedestrian’s injuries. But it doesn’t automatically ensure the outcome of a pedestrian injury claim.
Our Charleston pedestrian injury attorneys’ investigations look for a variety of potential evidence including:
- Police reports that will show whether the driver was charged.
- Statements from you, the driver and witnesses, such as fellow pedestrians, bystanders, other motorists.
- Skid marks at the accident scene, victim drag marks, presence of crosswalk and/or traffic control devices, visibility issues.
- Damage to the vehicle, such as 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, personal belongings, which also indicates speed at impact.
- Security camera recordings, which may have recorded the accident and its aftermath and are increasingly available in cities like Charleston and N. Charleston.
- Driver cell phone records, which may show a phone in use at the time of the accident, indicating the driver was distracted by texting or talking on the phone.
- Credit/debit card records, which may indicate food or drinks bought just prior to the accident or alcohol purchases (potential drinking and driving).
- Social media content, where negligent drivers sometimes incriminate themselves after causing accidents.
We also 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.
A pedestrian hit by a car is typically thrown to the ground and sometimes dragged along the roadway or run over by the car. They may suffer catastrophic, potentially disabling and/or disfiguring injuries, such as:
Compensation in a pedestrIAn accident claim
Our Charleston personal injury attorneys at Joye Law Firm examine medical bills and other costs of the accident to ensure our clients’ claims reflect the extent of the losses. In South Carolina, an accident victim is entitled to recover financial compensation for the full extent of their damages, including medical bills, lost income, lost future earnings and losses. This includes any economic as well as non-economic damages that you have suffered.
A list of damages that you may be entitled to after a pedestrian accident includes compensation for:
- Doctor and hospital bills
- Physical therapy and rehabilitation
- Scars and permanent disabilities
- Lost earnings while recovering, or due to being unable to return to work
- Pain and suffering.
In cases in which a pedestrian accident causes a permanent disability, our attorneys may work with life care planning consultants to determine the long-term costs our client faces. These costs typically would include future medical treatment, therapy and medication needs, and any costs of adaptive equipment such as a wheelchair or house remodeling to add ramps or widen doorways. We also work with financial planners to project income loss due to diminished earning power or an inability to work for a living.
In a fatal pedestrian accident, a wrongful death claim could also seek compensation for funeral and burial expenses, and loss of consortium or companionship.