Steps to Take Right After a Pedestrian Accident in South Carolina
Being hit by a car while walking is a frightening experience. Injuries can be severe, and the moments afterward are often chaotic. Knowing what to do immediately after a pedestrian accident can make a difference in your health, safety, and ability to seek compensation later. If you or a loved one is involved in this type of accident in South Carolina, taking the right steps can help protect your rights.
Get to a Safe Location if Possible
Your priority should be your safety. If you are able to move, try to get out of the roadway to avoid further injury. However, if you are seriously hurt, remain where you are and wait for help. Moving too much could make your injuries worse.
If possible, ask someone nearby to help direct traffic or signal drivers to slow down. This can prevent additional accidents or injuries.
Call 911 Right Away
Emergency services should be contacted immediately. Even if you do not think your injuries are serious, calling 911 ensures that medical personnel and law enforcement arrive at the scene. The police will create an accident report, which can be valuable if you file a claim later.
When speaking with the officers, provide accurate details about what happened. Stick to the facts and avoid guessing or making statements that could be misinterpreted. Do not say anything that implies fault, even if you feel partially responsible.
Seek Medical Attention Immediately
Some injuries are obvious, like broken bones or deep cuts. Others, such as internal bleeding or head trauma, may not be noticeable right away. A doctor can evaluate you for hidden injuries and document your condition. This medical record can be crucial if you pursue compensation.
If emergency responders offer to take you to the hospital, go with them. If you do not require immediate transport, schedule a medical examination as soon as possible. Delaying treatment could not only worsen your injuries but also give insurance companies a reason to question your claim.
Gather Information at the Scene
If you are physically able, collect as much information as possible before leaving the accident scene. Key details include:
- The driver’s name, contact information, and insurance details
- The make, model, and license plate number of the vehicle involved
- Names and phone numbers of any witnesses
- The responding officer’s name and badge number
- Photos of the accident scene, including vehicle damage, your injuries, traffic signals, and road conditions
If you cannot gather this information yourself, ask a trusted person to help.
Avoid Speaking with Insurance Companies Without Legal Advice
After an accident, the driver’s insurance company may contact you. Be careful about what you say. Adjusters may seem sympathetic, but their goal is to minimize the amount they have to pay. They may ask for a recorded statement or offer a quick settlement.
Do not agree to anything or sign any documents without consulting a personal injury lawyer first. An attorney can help ensure that you receive fair compensation for your medical expenses, lost wages, and pain and suffering.
Follow Your Doctor’s Orders
Recovering from a pedestrian accident takes time. It is important to follow your doctor’s recommendations, whether that means attending physical therapy, taking prescribed medications, or avoiding certain activities. Insurance companies often look for reasons to reduce payouts, and skipping medical treatments can weaken your claim.
Keep records of your medical visits, prescriptions, and any out-of-pocket expenses related to your injuries. These documents can help prove the extent of your damages.
Consult a Personal Injury Lawyer
South Carolina law allows injured pedestrians to seek compensation if a negligent driver caused the accident. However, insurance companies often try to shift blame or offer low settlements. Having an experienced personal injury attorney on your side can make a significant difference.
A lawyer can help by:
- Investigating the accident and gathering evidence
- Negotiating with insurance companies
- Determining the full value of your claim
- Representing you in court if necessary
Since South Carolina follows a modified comparative negligence rule, you can still recover damages if you are less than 51% at fault. However, any compensation may be reduced based on your percentage of responsibility. An attorney can help fight unfair claims that attempt to place blame on you.
Know the Deadline for Filing a Claim
South Carolina law sets a time limit for filing personal injury claims. In most cases, you have three years from the date of the accident to file a lawsuit. Waiting too long can result in losing your right to seek compensation.
If the accident involved a government vehicle, the deadline may be shorter. Speaking with a lawyer as soon as possible ensures you do not miss important deadlines.
Conclusion
A pedestrian accident can be life-changing, but taking the right steps after the crash can help protect your health and legal rights. Seek medical attention, document the scene, and avoid speaking with insurance companies before getting legal advice. If you have been injured in a pedestrian accident in South Carolina, consulting a personal injury lawyer can help you get the compensation you deserve.
