Thousands of pedestrians are injured or killed in traffic accidents every year. About 1 in 5 people who die in car crashes each year are pedestrians. Motorists are responsible for many of these collisions, but in some cases, the pedestrian is at least partially at fault for the car accident.
Here’s what you should know about pedestrian liability in car accidents and what could happen if someone tries to pin the blame on you in a South Carolina pedestrian car accident case.
When Can a Pedestrian Be Held at Fault in a Car/Pedestrian Accident?
Drivers and pedestrians both have duties to follow traffic laws and stay alert. If a pedestrian acts carelessly and causes a crash, they may be responsible for the outcome. Fault depends on what each person did or did not do in the moments before the accident.
Pedestrians could be considered at fault for an accident if they break traffic laws or act in a way that puts themselves or others in danger. For example, if a pedestrian crosses the street outside a crosswalk, ignores a “Don’t Walk” signal, or steps into the road without looking for oncoming traffic, they could be responsible for subsequent accidents. Walking while distracted or under the influence could also lead to mistakes that cause accidents.
How Fault Is Determined in Car Accidents Involving Pedestrians
Insurance companies, lawyers, and, ultimately, the courts look at the facts to decide who caused car accidents involving pedestrians. They review police reports, witness statements, traffic camera videos, and other evidence to determine fault in a pedestrian accident claim. They ask questions like: “Did the pedestrian use a crosswalk?” “Did the driver speed or ignore a traffic signal?” “Did anyone act carelessly or fail to do what they should have?”
Insurance adjusters, attorneys, and the courts also consider state traffic laws and how both the driver and the pedestrian acted. They compare each person’s actions to what a reasonable person would have done in the same situation. That comparison helps them decide who holds legal responsibility for the pedestrian car accident.
What Happens If a Pedestrian Is Found Partially or Fully at Fault?
Under South Carolina’s modified comparative fault rule, pedestrians can still recover compensation for their injuries in a personal injury case, even if they are partially at fault for an accident. However, the amount of money they can get decreases based on their share of fault under comparative negligence. For example, if a court finds the pedestrian 30 percent at fault, it will reduce the compensation award by 30 percent.
If the pedestrian holds 51 percent or more of the fault, they are not entitled to any compensation in a personal injury lawsuit. That means an injured pedestrian could lose some or all of the available compensation if another party successfully argues that they were mostly or fully at fault. That’s why it’s so important to work with a skilled attorney if you get hurt in a South Carolina pedestrian accident and the insurance company insists you are to blame.
Get Help from Our South Carolina Pedestrian Accident Lawyers Now
Is someone else claiming you were responsible for a pedestrian accident that injured you in South Carolina? Jebaily Law Firm wants to help with your personal injury claim. Contact us today for a free consultation so our attorneys can look at what happened and explain your legal options for pursuing compensation in a pedestrian accident case.
