Legal Rights of Injured Pedestrians: Filing a Personal Injury Claim in South Carolina

In the unfortunate event of a pedestrian accident, understanding your legal rights is paramount. South Carolina, like many other states, has specific provisions in place to protect the rights of injured pedestrians. In this blog post, we’ll explore the legal framework governing personal injury claims for pedestrians in South Carolina and the steps individuals should take when seeking compensation for their injuries.

Establishing Liability

Determining liability is a critical aspect of any personal injury claim. In pedestrian accidents, establishing fault typically involves assessing whether the driver, pedestrian or a combination of both parties contributed to the incident. South Carolina follows a modified comparative negligence system, meaning compensation may be reduced based on the injured pedestrian’s degree of fault.

No-Fault Insurance and Pedestrian Claims

South Carolina operates under a tort system for auto insurance, but it’s important to note that pedestrians are not bound by no-fault insurance laws. Injured pedestrians can pursue claims against the at-fault party’s insurance to seek compensation for medical expenses, lost wages, and other damages resulting from the accident.

Types of Compensation Available

Pedestrian accident victims in South Carolina may be eligible for various forms of compensation, including medical expenses, rehabilitation costs, lost income, pain and suffering, and property damage. Understanding the types of damages available is crucial when building a comprehensive personal injury claim.

Statute of Limitations

Time is of the essence when filing a personal injury claim in South Carolina. The statute of limitations for such claims is generally three years from the date of the accident. Failing to initiate legal proceedings within this timeframe can result in the forfeiture of the right to seek compensation.

Gathering Evidence

Collecting relevant evidence is a pivotal step in bolstering a pedestrian injury claim. This may include obtaining the police report, gathering witness statements, preserving any surveillance footage, documenting injuries, and maintaining a record of medical expenses. The stronger the evidence, the more compelling the case becomes.

Consultation with an Attorney

Seeking legal advice from an experienced personal injury attorney is highly recommended for injured pedestrians in South Carolina. An attorney can provide guidance on the specific nuances of pedestrian accident cases, navigate the legal complexities, and advocate for fair compensation on behalf of the injured party.

Conclusion

In South Carolina, injured pedestrians have legal rights and avenues for seeking compensation in the aftermath of an accident. Understanding the legal landscape, from liability considerations to the types of damages available, is crucial for those navigating the aftermath of a pedestrian injury. By adhering to the established legal procedures and seeking professional guidance, injured pedestrians can strive for a fair resolution that addresses their physical, emotional, and financial needs.