(864) 582-0416 Anyone who has spent some time walking around Greenville has likely had more than a near miss with a driver who didn’t see them—or didn’t even look for them in the first place—while turning across or driving through a crosswalk. Unfortunately, not all of these encounters with negligent drivers are near misses, and some can lead to collisions with devastating or even deadly repercussions.
Collisions between motor vehicles and pedestrians can serve as grounds for legal action, just like collisions between two or more motor vehicles can. However, just because you can file suit on your own doesn’t mean doing so without an injury attorney’s help is a good idea. In fact, seeking support from a skilled Greenville pedestrian accident lawyer, like one at Holland & Usry, can mean the difference between getting paid what you deserve for your damages and getting paid nothing. Call us now for a FREE case review.
Every individual who operates a motor vehicle on public roads takes on what’s known as a duty of care, which means they have a legal obligation to act lawfully and responsibly while driving. If someone breaches this duty by doing something reckless, careless, or illegal while driving, and that breach of duty is the main cause of an accident, that person is legally negligent and can be held responsible to pay for the damages they caused someone else to suffer.
Moving violations like speeding and running stop signs in Greenville can be the basis for pedestrian accident lawsuits, as can overtly illegal acts like drunk driving. An attorney at Holland & Usry can also help file suit over a driver’s failure to act properly—for example, not yielding to people in crosswalks as required by law, or not checking their blind spots before turning right and passing over a crosswalk.
South Carolina law takes a fault-based approach to car accident litigation. This means you have the right to sue the person at fault for injuring you in a pedestrian wreck immediately, instead of needing to first exhaust all available insurance coverage. Nevertheless, your best choice when it comes to seeking financial recovery after this kind of accident will almost always be to start with a claim against the at-fault driver’s liability insurance coverage.
Under South Carolina law, drivers have to carry a minimum of:
However, certain policies may have higher limits than these or different types of coverage available to make a claim against. Believe it or not, if the at-fault driver doesn’t have enough insurance, you may be able to use your own auto policy if you’ve got a type of coverage called underinsurance. So, it’s worth discussing your options with a Greenville pedestrian injury lawyer before formally starting the claims process or accepting a settlement offer.
No matter where it happens or the vehicle speeds involved, being in a traffic collision as a pedestrian can change your life in just a few moments. In addition to the physical and psychological harm a wreck can cause, you may also have to contend with large medical bills, lost work income, and numerous other expenses that could harm your family’s finances for years.
In situations like this, pursuing your right to financial compensation can be essential to keeping your life as normal as possible and protecting your family’s best interests. Call Holland & Usry today to schedule a FREE case review and learn what a Greenville pedestrian accident lawyer can do for you.
