Charleston Pedestrian Accident Lawyer

Helping Injured Pedestrians in South Carolina Seek Compensation

Are you a pedestrian who was injured due to the reckless or negligent actions of a motorist? These specific types of collisions pose a tremendous potential for serious injury to pedestrian victims. Without the benefit of their own vehicle or other safety features, they are directly exposed to dangerous impacts—sometimes even at high speeds.

If you or a loved one has been hurt in a pedestrian accident, then it may be time to start exploring your legal options. At Pierce, Sloan, Kennedy & Early LLC, our clients can count on experienced and aggressive representation as they seek compensation from those responsible for their injury. We do not rest until every legal avenue towards recovering relief on their behalf is fully exhausted.

Was a Negligent Driver Responsible for Your Injury?

Not every collision between a motor vehicle and a pedestrian is due to motorist negligence. There are cases where pedestrians are unlawfully on streets and roads—many times at night—and are accidentally hit by motorists. In these cases, it is difficult to prove motorist negligence due to the circumstances of the accident.

However, there are many other examples of pedestrian accidents that occur because of motorist wrongdoing. This can usually be illustrated by a pedestrian's right to be standing or walking in the area.

The Trauma of a Hit and Run Accident

Hit-and-run accidents involving a pedestrian, whether they result in minor injuries, major injuries, or death, are extremely traumatic for the victim. A pedestrian is a particularly sympathetic victim as compared to a collision involving two vehicles: the pedestrian literally has no protection and little warning when hit by a two-ton motor vehicle. It is bad enough when a motor vehicle driver strikes a pedestrian, but it adds enormous insult to injury when that driver flees the scene of the accident, abandoning the victim and leaving them helpless and at great risk of further injury.

• Related Post: Is South Carolina Doing Anything to Make the Roads Safer for Pedestrians?

South Carolina Law Prohibits Leaving the Scene of an Accident

In South Carolina, it is against the law to leave the scene of an accident unless you are leaving to temporarily get help. South Carolina General Statutes § 56-5-1210 prescribes the duties of motor vehicle drivers involved in any accident resulting in injury or death, and delineates the potential criminal consequences for violations of these duties.

From § 56-5-1210:

“The driver of a vehicle involved in an accident resulting in injury to or the death of a person immediately shall stop the vehicle at the scene of the accident or as close to it as possible. He then shall return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 56-5-1230 [which mandates that the driver must cooperate with authorities in giving information and rendering aid]. [The driver] may temporarily leave the scene to report the accident to the proper authorities. The stop must be made without obstructing traffic more than is necessary. A person who fails to stop or to comply with the requirements of this section is guilty of:

1. (1) a misdemeanor and, upon conviction, must be imprisoned not less than 30 days nor more than one year or fined not less than $100 nor more than $5,000, or both, when injury results but great bodily injury or death does not result;

• (2) a felony and, upon conviction, must be imprisoned not less than 30 days nor more than 10 years and fined not less than $5,000 nor more than $10,000 when great bodily injury results; or
• (3) a felony and, upon conviction, must be imprisoned not less than one year nor more than 25 years and fined not less than $10,000 nor more $25,000 when death results.”

If you or a loved one was injured in a pedestrian accident, reach out to Pierce, Sloan, Kennedy & Early LLC for a free initial consultation!

Hurt in Charleston? Call Us Now for a Free Consultation!

If your pedestrian accident occurred in one of these areas—or any other where motor vehicle traffic and foot traffic are intended to safely co-exist—then our firm is ready to hear from you. Our Charleston pedestrian accident attorneys and skilled litigators know how to properly investigate and prepare these claims to ensure that your right to compensation is compellingly put forth both in and outside the courtroom.

Frequently Asked Questions

What Should I Do After a Pedestrian Accident?

Immediately following a pedestrian accident, it's vital to prioritize safety and health. First, ensure you and others involved are out of harm's way and call 911 to report the accident and request medical assistance. Seeking medical attention promptly even if injuries appear minor is essential, as some injuries may not manifest immediately but can become serious over time. Receiving a documented medical evaluation is also critical for substantiating any future legal claims.

Additionally, gathering evidence at the scene can be incredibly helpful for your claim. This includes taking photographs of the accident site, the involved vehicles, and any visible injuries. Obtain contact information from drivers, witnesses, and bystanders willing to give statements. Always record the details of the accident as soon as possible while they are still fresh in your memory.

How Can a Charleston Pedestrian Accident Attorney Help Me?

A Charleston pedestrian accident attorney can provide invaluable assistance throughout the process of pursuing compensation. From investigating the incident to negotiating settlements, our lawyers offer guidance grounded in experience and strategic planning. We handle disputes with insurance companies who may attempt to diminish your claim, ensuring that your rights and interests are safeguarded.

Who is Liable in a Pedestrian Accident?

Liability in a pedestrian accident isn't always clear-cut and varies depending on the circumstances. Generally, drivers bear responsibility for keeping an eye out for pedestrians, particularly in areas where pedestrian traffic is expected. In some cases, liability may be shared between the driver and pedestrian, influenced by factors such as jaywalking or inattentive behavior by the pedestrian.

At Pierce, Sloan, Kennedy & Early LLC, we conduct thorough investigations to identify all parties that may be responsible. We evaluate the specifics of each case to ensure fault is appropriately assigned and pursue maximum compensation for our clients. Understanding these liability dynamics is crucial as they significantly influence the outcome of claims and legal actions taken on behalf of pedestrian accident victims.