Comparative Negligence in Pedestrian Accidents: Can You Still Recover Compensation?
Pedestrian accidents in South Carolina are alarmingly common and often result in severe injuries or death. According to state data, a pedestrian is killed every 2.1 days, and in 2022 alone, 1,127 pedestrians were struck, leading to 180 fatalities and 205 serious injuries. With little protection against vehicles, pedestrians can face life-altering injuries that lead to high medical costs, lost income, and other financial burdens.
Seeking compensation from the driver’s insurance company can help ease financial strain. However, the process can be challenging, especially when insurance companies attempt to shift blame onto the injured party.
South Carolina follows a modified comparative negligence system, meaning an injured pedestrian’s ability to recover compensation depends on their level of fault. Understanding how South Carolina’s laws affect your case is crucial when pursuing a personal injury claim. A pedestrian accident lawyer can assess fault, challenge unfair blame, and fight for the compensation you deserve.
What Is Modified Comparative Negligence in Pedestrian Accidents?
Under South Carolina’s modified comparative negligence law, a pedestrian’s compensation may be reduced if they are found partially at fault for the accident. However, they may still recover damages if they are less than 51 percent responsible.
For example, if a pedestrian was crossing outside of a crosswalk but the driver was speeding, the court may find the pedestrian 20 percent at fault and the driver 80 percent at fault. In this case, the pedestrian’s compensation would be reduced by 20 percent. However, if a pedestrian is found to be 51% or more at fault, South Carolina law bars them from recovering compensation.
Insurance companies frequently dispute claims by shifting blame onto pedestrians, often unfairly reducing payouts. However, many pedestrian accidents are caused by negligent drivers, and even if a pedestrian made a mistake, that does not automatically make them responsible for the accident. Drivers are legally required to stay alert and take steps to prevent pedestrian accidents.
How Is Fault Determined in a Pedestrian Accident?
Fault in pedestrian accident claims is determined based on witness statements, traffic camera footage, accident reconstructions, and police reports. Insurance adjusters and courts evaluate these factors to determine fault, but a pedestrian accident lawyer can challenge unfair fault assessments to help maximize your compensation.
Holding Negligent Drivers Accountable
Pedestrians are vulnerable in traffic accidents, and even when they make mistakes, driver negligence is often the primary cause.
Some of the most common causes of pedestrian accidents include:
- Speeding or reckless driving
- Failing to yield at crosswalks
- Running red lights or stop signs
- Driving under the influence of alcohol or drugs
- Distracted driving, such as texting behind the wheel
Common Defenses Insurance Companies Use in Pedestrian Accident Cases
Insurers often argue that the pedestrian was distracted, such as looking at their phone or listening to music, or that they were wearing dark clothing, making them less visible at night. They may also assert that the pedestrian was outside a crosswalk or suddenly entered traffic, leaving the driver no time to react.
Similarly, they may claim the pedestrian had alcohol or drugs in their system, but that alone does not prove they caused the accident. Regardless of these arguments, drivers have a duty to avoid hitting pedestrians whenever possible.
Even if a pedestrian was not following traffic rules perfectly, a skilled pedestrian accident lawyer can challenge these defenses by gathering evidence like traffic surveillance recordings, consulting accident reconstruction experts, and proving the driver’s negligence played a significant role in the crash.
What to Do After a Pedestrian Accident
If you’ve been injured in a pedestrian accident, taking the right steps can help protect your legal rights and strengthen your personal injury claim:
- Seek medical attention immediately, even if injuries seem minor. Medical records will also help to prove the extent of your injuries.
- Call the police to file an official accident report.
- Gather evidence, such as photos of the scene, witness contact information, and driver details.
- Consult a pedestrian accident lawyer before speaking with insurance companies.
Contact a Pedestrian Accident Lawyer in Columbia, SC
Attorneys Lee, Eadon, Isgett, Popwell, and Owens have been standing up to insurance companies and fighting for personal injury victims across South Carolina for decades. We are committed to providing high-quality legal service with a personal, hands-on approach, ensuring every client is treated with care and respect, no matter the size of their claim.
If you or a loved one has been injured in a pedestrian accident, don’t let insurance companies unfairly reduce your compensation. Contact LEIP Law today to speak with an experienced pedestrian accident lawyer in Columbia, SC.
