Posted on: January 6, 2013
Accidents involving pedestrians are often the most frightening types of accidents, for both the driver of the vehicle and the pedestrian. When a car hits a pedestrian, one of the biggest concerns people often have is who is at fault for the accident. People may believe the driver of the car will always be at fault, as pedestrians always have the right of way. However, this may not always be the case.
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Law of Negligence
When there is an auto accident involving a pedestrian, fault is generally determined by the law of negligence. If a party is negligent, this means they have failed to act in a careful or thoughtful manner, resulting in the injury of another party. Simply put, if you have done something you shouldn’t have, such as run a red light or illegally crossed the street, you may be at fault. Drivers and pedestrians can both be negligent, and both should practice caution when encountering one another.
What To Do Immediately After The Accident
If you are in an accident involving a pedestrian who may or may not be at fault, there are several things you should do immediately afterward. First, make sure everyone is safe and out of the way of oncoming traffic to avoid further injuries. Next, contact the police and emergency medical service providers to the scene; do not attempt to provide medical care to the injured. You may give a brief, honest report of how the accident happened to the police, but do not give too much information. Admitting fault or a feeling of guilt may put you at risk for a personal injury lawsuit.
If You Are A Pedestrian At Fault
South Carolina is a “fault” car insurance state, meaning the person found to be at fault for the accident – driver or pedestrian – is liable for injuries and damages sustained from the accident. If you are a pedestrian and found to be even partially at fault for the accident, you may need to work with the insurance companies to determine how much of the repair costs, medical bills, and other expenses you are responsible for.
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If You Are An Injured Pedestrian
If you were a pedestrian injured in a car accident, you should talk to an experienced car accident attorney as soon as possible. Insurance providers may not compensate you adequately for your injuries. Liability coverage for drivers is often set at the bare minimum and may not cover all the medical costs and other expenses associated with your injuries. For further information regarding car accidents involving pedestrians, please contact the South Carolina accident attorneys at George Sink, P.A. Injury Lawyers.