Pedestrian Accident Attorneys in Columbia, SC

According to the latest figures from the National Highway Traffic Safety Administration (NHTSA), our nation’s roads are now less safe for pedestrians than prior years. On average, a pedestrian is injured every 8 minutes and killed every 2 hours in a traffic crash in the U.S. On South Carolina roads, the rate of pedestrian deaths is 44% higher than the national average.

As a pedestrian, you do not have the benefit of the protection provided by conventional transportation such as cars, trucks, and buses. This means that injuries sustained in a pedestrian accident can be severe and others could take longer to manifest. If you have been injured in a pedestrian accident, seek medical care as soon as possible and then contact a qualified pedestrian accident lawyer about your rights to compensation for the losses and harms you’ve suffered.

The Pedestrian’s Duty of Care and Driver Responsibilities in South Carolina

In the bustling city of Columbia, South Carolina, where foot traffic intermingles with vehicular movement, understanding the legal responsibilities of both pedestrians and drivers is paramount for ensuring safety and navigating potential accidents.

While pedestrians often enjoy the right-of-way in many situations, this privilege does not come without the obligation to exercise reasonable care for their own well-being. Similarly, drivers bear a significant responsibility to operate their vehicles safely and be mindful of pedestrians sharing the roadways.

This discussion delves into the specific duties of care expected from pedestrians and drivers in South Carolina, particularly within the context of pedestrian accidents and the state’s comparative negligence laws.

Understanding the Pedestrian’s Obligation for Self-Safety

It is a common misconception that pedestrians, by virtue of their vulnerability, are automatically absolved of any responsibility in the event of an accident involving a vehicle.

However, South Carolina law, like that of many other jurisdictions, recognizes that pedestrians also have a crucial role to play in preventing collisions. This responsibility is encapsulated in the concept of the “pedestrian’s duty of care,” which requires individuals on foot to act with the same level of caution and prudence that a reasonably careful person would exercise under similar circumstances.

Several specific actions or inactions by a pedestrian can be considered a breach of this duty of care and contribute to the occurrence of an accident. These include, but are not limited to:

Failing to Utilize Marked Crosswalks

Marked crosswalks are designated areas intended to provide pedestrians with a safer passage across roadways. These crossings are often equipped with visual cues for drivers, such as painted lines and sometimes flashing lights or pedestrian signals, indicating that pedestrians may be present. When a marked crosswalk is available, pedestrians generally have a greater expectation of being yielded to by drivers.

However, failing to use these designated crossings, and instead attempting to cross mid-block or in other undesignated areas, can significantly increase the risk of an accident. Drivers may not anticipate pedestrians crossing in such locations, and visibility can be reduced. Therefore, when a marked crosswalk is reasonably accessible, pedestrians have a duty to utilize it for their safety.

Disregarding Traffic Signals at Intersections

Traffic signals are designed to regulate the flow of both vehicular and pedestrian traffic at intersections, ensuring an orderly and safe movement for all. Pedestrian signals, often displaying a “walk” or “don’t walk” indication, provide clear instructions on when it is safe to enter a crosswalk.

Ignoring these signals, such as entering a crosswalk when the “don’t walk” signal is illuminated or proceeding against a red light, constitutes a failure to exercise reasonable care. Drivers entering an intersection with a green light expect cross-traffic and pedestrians to yield to them. When pedestrians disregard signals, they create hazardous situations and can be held responsible for contributing to any resulting accident.

Stepping or Running in Front of a Vehicle

Sudden and unexpected movements by pedestrians into the path of oncoming vehicles are a significant cause of pedestrian accidents. Drivers need time and distance to react to hazards. When a pedestrian steps or runs into the street without checking for approaching traffic or without allowing drivers sufficient time to stop, they are acting negligently.

This is particularly true when pedestrians emerge from behind parked cars or other obstructions, limiting driver visibility. The duty of care requires pedestrians to be aware of their surroundings and to enter the roadway only when it is safe to do so, ensuring they do not create an immediate hazard for approaching vehicles.

Disrupting the Flow of Traffic

Pedestrians also have a responsibility to avoid unnecessarily impeding the normal flow of traffic. This can include actions such as walking in the middle of a lane when sidewalks are available, stopping abruptly in a crosswalk without a valid reason, or engaging in activities in the roadway that distract drivers or force them to take evasive maneuvers. While pedestrians have the right to use public roadways, this right must be exercised reasonably and with consideration for the safety and movement of other road users.

Comparative Negligence in South Carolina

South Carolina operates under a system of “modified comparative negligence.” This legal principle dictates how fault is determined and damages are awarded in personal injury cases, including those involving pedestrian accidents. Under this system, if a pedestrian is found to be partially at fault for an accident, their recoverable damages will be reduced in proportion to their degree of negligence. However, there is a critical threshold: if the pedestrian is found to be more than 50% at fault for the accident, they are barred from recovering any damages at all from the other parties involved.

Therefore, even if a driver is found to have been negligent, a pedestrian’s own negligent actions can significantly impact their ability to receive compensation for their injuries and losses.

For instance, if a pedestrian crosses a busy street outside of a marked crosswalk while distracted and is struck by a speeding driver, a court might determine that the pedestrian was 30% at fault for failing to use a crosswalk and being inattentive, while the driver was 70% at fault for speeding. In this scenario, the pedestrian could still recover damages, but the amount would be reduced by 30%. However, if the pedestrian’s negligence was deemed to be 60%, they would be unable to recover any damages from the driver.

The Driver’s Paramount Duty of Care Towards Pedestrians

While pedestrians have a responsibility for their own safety, drivers operating vehicles in Columbia, South Carolina, bear a significant and often greater duty of care towards pedestrians. The inherent danger posed by motor vehicles necessitates that drivers exercise a high degree of vigilance and caution to protect vulnerable road users. Failure to uphold this duty constitutes negligence and can lead to severe consequences, both legally and in terms of the harm inflicted.

Several common actions by drivers can be considered breaches of their duty of care towards pedestrians:

Driving Under the Influence (DUI)

Operating a vehicle while impaired by alcohol or drugs severely diminishes a driver’s cognitive abilities, reaction time, and judgment. This impairment significantly increases the risk of accidents, including those involving pedestrians. Drivers under the influence are less likely to perceive pedestrians, react appropriately to their presence, or maintain safe control of their vehicles. DUI is a blatant disregard for the safety of others and is a serious form of negligence.

Distracted Driving

In today’s technologically driven world, distracted driving has become a pervasive and dangerous problem. Engaging in activities such as texting, talking on a cell phone (even hands-free), adjusting the radio, eating, or grooming while driving diverts a driver’s attention from the road and their surroundings. This lack of focus can lead to a failure to see pedestrians in time to avoid a collision. Drivers have a duty to remain attentive to the road and to avoid any distractions that could compromise the safety of others, especially pedestrians.

Speeding

Exceeding posted speed limits or driving at a speed that is unsafe for the prevailing conditions (such as heavy traffic, inclement weather, or pedestrian-heavy areas) significantly increases the risk and severity of pedestrian accidents. Higher speeds reduce a driver’s reaction time and increase the distance required to stop, making it more likely that a collision will occur and that any resulting injuries will be more severe. Drivers have a duty to operate their vehicles at safe and appropriate speeds, particularly in areas where pedestrians are likely to be present.

Unsafe Operation During Inclement Weather or Near Construction Zones

Adverse weather conditions such as rain, fog, or snow can significantly reduce visibility and affect vehicle handling. Similarly, construction zones often involve changes in traffic patterns, reduced lane widths, and the presence of workers. Drivers have a heightened duty of care to adjust their driving behavior in these situations, which may include reducing speed, increasing following distance, and being extra vigilant for pedestrians and workers. Failure to operate safely under such conditions can be considered negligence.

Failure to Yield to Pedestrians in Crosswalks

As mentioned earlier, marked crosswalks are intended to provide safe passage for pedestrians. In South Carolina, as in many other jurisdictions, drivers are legally obligated to yield the right-of-way to pedestrians who are within a marked crosswalk. This means that drivers must slow down or stop if necessary to allow pedestrians to cross safely. Failure to yield to a pedestrian in a crosswalk is a clear violation of the driver’s duty of care and a common cause of pedestrian accidents.

Ignoring Traffic Signals

Just as pedestrians have a duty to obey traffic signals, so too do drivers. Running red lights or failing to stop at stop signs at intersections can have catastrophic consequences, especially for pedestrians who may be legally crossing with a corresponding signal. Drivers must adhere to all traffic control devices to ensure the orderly and safe flow of traffic and to protect pedestrians who are relying on these signals for their safety.

Failure to Signal When Turning

Signaling turns is a fundamental aspect of safe driving, allowing other road users, including pedestrians, to anticipate a vehicle’s movements. Failure to properly signal turns at intersections or when entering or exiting roadways can create confusion and increase the risk of collisions with pedestrians who may be crossing or preparing to cross. Drivers have a duty to clearly and timely signal their intentions to allow pedestrians to react accordingly.

Pedestrian Accidents Involving Children and Older Adults: A Vulnerable Population

Pedestrian accidents are a tragic reality, and while anyone can be a victim, two demographic groups consistently face a disproportionately higher risk: young children and older adults. Understanding why these groups are particularly vulnerable and the responsibilities of drivers when encountering them is important for promoting pedestrian safety and seeking justice when accidents occur.

Children: Small Stature, Unpredictable Behavior

Children, by their very nature, present unique challenges in a traffic environment. Their small stature makes them inherently less visible to drivers, particularly in larger vehicles or when they are obscured by parked cars or other obstacles. A child darting out from behind a parked van might be completely unseen until it’s too late. This reduced visibility is a major contributing factor to the high incidence of accidents involving young pedestrians.

Beyond their physical size, children’s behavior is often unpredictable. Their understanding of traffic rules and potential dangers is still developing. A child might be engrossed in play, chasing a ball, or simply not fully grasping the speed and stopping distance of a moving vehicle. They might cross the street without looking, assume a driver sees them, or misjudge the time it takes for a car to approach. Their impulsivity and lack of a fully developed sense of risk can lead to sudden, unexpected movements that drivers find difficult to anticipate.

A significant percentage of all children under the age of 14 who are tragically killed in traffic crashes are pedestrians. This highlights the severity of the threat they face when walking near roadways.

Furthermore, children aged 5 to 14 years old account for the highest percentage of pedestrian crash injuries among all age groups. This indicates not only the risk of fatal outcomes but also the widespread occurrence of injuries, from minor scrapes and bruises to severe and life-altering trauma.

Given these inherent vulnerabilities, drivers are legally and morally charged with exercising a significantly higher degree of care when operating a vehicle in the presence of children. This heightened responsibility applies particularly near locations where children are likely to be present, such as schools, playgrounds, parks, and residential neighborhoods. In these areas, drivers are expected to reduce their speed, remain vigilant, scan for potential hazards, and be prepared for unexpected actions from children. Failing to do so can be considered a breach of this higher duty of care.

Older Adults: Declining Abilities, Increased Fragility

On the other end of the age spectrum, older adults also face an elevated risk of pedestrian accidents and suffer more severe consequences when they occur. The statistics are stark: approximately 20% of all pedestrians killed are age 65 and older. This means that one in five pedestrian fatalities involves an older adult, despite this age group representing a smaller proportion of the overall population. Moreover, older adults sustain approximately 7,000 injuries each year from pedestrian accidents, indicating a high incidence of non-fatal but still potentially debilitating injuries.

Several factors contribute to the increased vulnerability of older pedestrians. As people age, natural physiological changes can impact their ability to safely navigate traffic. Vision and hearing may decline, making it harder to spot approaching vehicles or hear traffic sounds. Reaction times often slow, meaning an older adult might not be able to quickly step out of harm’s way or react to a sudden change in traffic flow. Mobility issues, such as slower walking speeds, difficulty with balance, or the need for walking aids, can also limit their ability to cross streets quickly or avoid dangerous situations.

Furthermore, older adults may have a reduced capacity to assess the speed and distance of approaching vehicles accurately. They might misjudge the time they have to cross an intersection or overestimate a driver’s ability to see and stop for them. Their bodies are also generally more fragile, meaning that even a low-impact collision can result in more severe injuries, such as hip fractures, head trauma, or other serious bodily harm that can have long-lasting, debilitating effects and significantly impact their independence and quality of life. Recovery from such injuries is often slower and more complex for older individuals, sometimes leading to permanent disability or a decline in overall health.

Driver Responsibility and Legal Recourse

In light of the heightened risks faced by both children and older adults, the legal system places a significant burden on drivers to exercise “reasonable care” when operating their vehicles. This concept of reasonable care is flexible and dependent on the circumstances. When driving in areas where children or older adults are likely to be present, what constitutes “reasonable care” is elevated.

For instance, a driver speeding through a residential neighborhood where children are known to play, or failing to stop for an older adult attempting to cross at a crosswalk, would likely be found to have breached their duty of reasonable care. This breach forms the basis of negligence in a personal injury claim.

Working with an experienced pedestrian accident attorney can be instrumental in proving that a driver’s negligence led to an accident involving a vulnerable pedestrian. An attorney can investigate the circumstances of the crash, gather evidence such as witness statements, traffic camera footage, and accident reconstruction reports. They can argue that the driver failed to uphold their heightened duty of care, whether by driving recklessly near a school zone, failing to yield to an elderly pedestrian, or being distracted in a high-pedestrian traffic area. 

By establishing negligence, an attorney can help the injured child, older adult, or their family seek compensation for medical expenses, lost wages, pain and suffering, and other damages incurred as a result of the accident. This legal recourse is vital not only for financial recovery but also for holding negligent drivers accountable and promoting safer road environments for everyone, especially those most at risk.

Common Pedestrian Accident Injuries

Because of the nature of these incidents, the injuries from pedestrian accidents are often serious and debilitating. They could include:

• Lacerations
• Broken bones
• Traumatic brain injuries
• Spinal cord injuries
• Internal organ damage
• Paraplegia
• Quadriplegia
• Coma
• Death

The medical treatment and lasting care needed for this type of accident can result in significant expense and financial loss. Lifetime medical care alone for a severe traumatic brain injury (TBI) could be as high as$3 million

What Can You Collect After a Pedestrian Accident?

When a person is involved in a pedestrian accident, it can be devastating on a physical, emotional, and financial level. Injuries sustained in the accident might require a long and painful recovery, sometimes with a lifetime of expensive medical care.

If you or a loved one were seriously injured, you might have to miss time from work or could even lose your job and ability to maintain your household. An unfortunate consequence of severe injury is the financial impact that can last for years.

Depending on the severity of the accident and your injuries, you might be entitled to recover compensation for both economic and non-economic losses. Those losses can include:

• Medical expenses (current and future)
• Lost wages (current and future)
• Pain and suffering
• Loss of consortium
• Funeral expenses

If a loved one was killed in a pedestrian accident, you might have the right to pursue a wrongful death claim against the negligent party.

Establishing Liability in a Pedestrian Accident

The determination of fault in a pedestrian accident hinges of several important factors, some of which might be unique to your case. A personal injury attorney with experience handling these cases will know how to handle each set of circumstances and make sure that your rights are protected.

A South Carolina pedestrian accident attorney can help in your dealings with the insurance company as well as work towards a settlement on your behalf. If a lawsuit is the best choice, an attorney can represent your interests. Our office will help collect evidence needed such as:

• Your statement
• The police report
• Witness statements
• Pictures from the scene
• Physical evidence from the scene
• Expert witness testimony

If You’re Involved in a Pedestrian Accident

Pedestrian accident scenes can be chaotic and frightening. If you are involved an accident as a pedestrian, it’s possible that the legally responsible parties might try to blame you for the crash to minimize their liability. If you’re involved in one of these tragedies, be sure to do the following:

• Contact the police immediately
• Don’t leave the scene of the accident until the police arrive
• Get names and contact information for witnesses
• Avoid making statement to anyone, including insurance companies

Contact an Experienced South Carolina Pedestrian Accident Lawyer

Pedestrian accidents can be complicated, but the experienced and knowledgeable injury attorneys at Peake & Fowler know the steps to take to preserve your rights. We will work hard to get you and your family the compensation that you deserve from this devastating accident. Contact our personal injury attorneys online or call 803-788-4370 to schedule a free consultation.

We also handle pedestrian accidents in Newberry, SC.