The party who acted negligently is at fault when a car hits a pedestrian. For instance, the driver would likely be at fault if a pedestrian was struck while lawfully using a crosswalk. However, a pedestrian could be responsible if they didn’t have the right-of-way.
Our team can explore your legal options at no cost if you suffered harm as a pedestrian. We can also pursue financial recovery for your injury-related expenses.
What Causes Pedestrian Accidents?
The U.S. General Services Administration Office of Motor Vehicle Management notes that human error accounts for 98 percent of all collisions. Examples of human error include:
- Drunk driving
- Drowsy driving
- Weaving in and out of lanes
- Disobeying traffic signs or signals
- Drag racing
- Driver inexperience
- Distracted driving
Other collisions happen due to poor weather conditions, defective roadways, and malfunctioning vehicles.
These Four Elements Determine Fault in Motor Vehicle Accidents
We’ll need to establish these four factors to hold the person caused your pedestrian accident liable:
- Duty of care. All road users, including pedestrians, must practice reasonable caution. This includes following the speed limit and only crossing at designated crosswalks.
- Breach of duty. Someone did not uphold their duty of care, either by their actions or omissions.
- Causation. An involved party’s actions caused the accident.
- Damages. The injured claimant suffered emotional, physical, and financial losses.
So, if another party owed you a duty of care, violated that duty of care, and caused your accident, this may make them liable.
Evidence Determines Fault in Pedestrian Accidents
Proving fault for your accident depends on evidence. We will investigate your case and review:
The Police Report
In both Georgia and South Carolina, you’re required to report a collision if it results in:
- Property damage exceeding a certain amount
Often, the attending officer gives details indicating fault. For instance, if a pedestrian was hit at a crosswalk, the police report could have this information.
We can interview witnesses who saw the collision occur. These parties can include bystanders, police officers, paramedics, and the driver’s passengers. We may also consult with accident reconstruction specialists to gain further insight into what happened.
Security Camera Footage
Nowadays, many intersections come with traffic cameras, and businesses have surveillance cameras outside. Some homes also have motion-activated cameras and doorbells that capture activity.
We can use these records to watch how your accident happened and determine fault.
The County’s Arrest Records
If a driver operated their vehicle under the influence, the police might have charged them with a crime. We can use this information to supplement your case and assert fault.
Multiple Parties Could Share Fault For a Pedestrian Accident
Georgia and South Carolina operate on fault-based systems. So, multiple people can share responsibility for a single accident. Consider this scenario:
- You ran across the street without waiting for the light to turn.
- A speeding vehicle hit you.
In this case, even though you got hit, you didn’t have the right-of-way. Still, the other party was speeding. So, you and the other party could share fault for what happened. This wouldn’t necessarily bar you from seeking compensation. However, it may affect how much you can recover.
You Can Recover Damages After Your Pedestrian Accident
Financial recovery should account for each of your losses, both now and in the future. Our law firm has recovered millions for injured claimants, including a settlement for a pedestrian in South Carolina.
Compensation may account for:
- Healthcare expenses
- Employment-related losses, including benefits, tips, and commissions
- Pain and suffering
- Disability and disfigurement
- Diminished future earning power
Reasons to Consider Partnering With Our Law Firm After a Pedestrian Accident
Our law firm could manage your case if you or a loved one suffered harm in a pedestrian accident. We can:
- Determine fault
- Establish negligence
- Calculate your damages
- Pursue what you’re owed
You may consider working with our firm if:
You’re Blamed for the Accident
We can use your case’s evidence to assert your right to compensation. Remember: being partially at fault does not bar you from seeking damages.
You’re Unsure of Your Case’s Value
You might understand the value of your medical bills and lost income. Pain and suffering, however, can be a different matter. We will use your case’s information to determine what constitutes a fair offer.
You Feel Pressured into Accepting a Settlement
The insurance company’s calculations may not reflect the true value of your case. As such, they may offer less than you deserve and pressure you into accepting. It knows that once you accept a settlement, your claim ends.
We can communicate with the insurance company for you and handle all negotiations. We’ll advocate for the best possible outcome.
Call George Sink, P.A. Injury Lawyers to Learn More
Our law firm can determine who is financially responsible if you or a loved one was hurt in a pedestrian accident. We’ve recovered millions for claimants in Georgia and South Carolina. Now, we’re ready to put our experience to work for you.