Filing a Claim for a Pedestrian Injury in Downtown Charleston
As a pedestrian, you deserve to feel safe while exploring downtown Charleston and the surrounding area. Unfortunately, pedestrian accidents are occurring at an all-time high, with South Carolina being among the top 10 states for pedestrian fatalities. If you have been injured as a pedestrian in Charleston, our accident attorneys can guide you on how to file your claim.
Rights of Pedestrians in Charleston, SC
Pedestrians in Charleston, South Carolina, have the right-of-way in marked crosswalks and at intersections. Even if traffic signals are not present or in operation, a motor vehicle must yield right-of-way to a pedestrian crossing the road. Motor vehicle operators must keep a lookout for pedestrians and exercise caution when visibility is low. Drivers are warned never to pass stopped vehicles at a crosswalk since a pedestrian may be crossing in front of them.
What Laws Must Pedestrians Follow?
According to SC Code §56-5-3160, pedestrians are also required to follow specific traffic laws. Specifically, pedestrians must use the sidewalk if it is available. If a sidewalk is not available, then a pedestrian must walk on the shoulder as far away from traffic as possible. If neither a sidewalk nor a shoulder is available, then a pedestrian must walk as close as possible to the outside edge of the road, facing traffic.
Compensation for Injured Pedestrians
If you have been injured as a pedestrian, you may be eligible to recoup both economic and non-economic damages. Economic damages are any monetary losses that you have experienced as a result of the accident. These often include the following:
- Lost wages
- Ambulance ride
- Emergency room visit
- Surgeries and procedures
- Prescription costs
- Medical equipment
- Home modifications
- Physical therapy
In addition to economic damages, you may be able to recover for intangible losses that impact your quality of life, including:
- Pain and suffering
- Inconvenience
- Infliction of emotional distress
- Loss of consortium
- Loss of enjoyment of life
- Damage to reputation
- Disfigurement and/or scarring
- Permanent disability
Aggressive Representation for Injured Pedestrians
In Charleston, SC, you can file a claim through the at-fault driver’s insurance to recover damages. Drivers in the state are required to carry minimum liability limits if they are responsible for a crash. Minimum bodily injury per person is $15,000 and $30,000 for total bodily injuries per accident. However, the insurance company will likely pin some of the blame on you to avoid paying.
At Mark C. Tanenbaum, we are aware of the tactics insurance companies often use to avoid paying on your claim. Lacking the protection of an enclosed vehicle, pedestrians are more prone to serious injury than vehicle occupants. These injuries come at a high price, even depleting an individual’s savings.
Our team of pedestrian injury lawyers will not stand for this injustice. We are prepared to negotiate with the claims adjuster to reach the settlement you deserve. More than that, we will handle your claim from start to finish, communicating directly with the insurer so you don’t have to.
Experienced Pedestrian Accident Lawyers in Charleston, SC
If you or someone you care about has been injured while walking, jogging, or bicycling, our accident injury attorneys would like to speak with you. For over 40 years, our legal team has helped injured persons regain the financial support they need following an accident. To learn more about our services, contact us online or call (843) 577-5100 today.