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When a pedestrian gets hit by a car, they have important rights. Our experienced Columbia pedestrian accident lawyers at Shealey Law Firm explain your legal rights and how to get your compensation.
Why Pedestrian Accidents Are So Serious in Columbia, SC
Pedestrian accidents are a serious problem in Columbia, SC. The reasons why are complex. Driver visibility can be a factor. Areas of heavy vehicle and pedestrian movement can be especially dangerous.
For example, Harden Street in the Five Points area welcomes pedestrians with local shopping and lively dining. The historic area is located near the University of South Carolina. Local authorities recently invested $5 million to make the area safer for pedestrians. The overhaul removed lanes of vehicle travel, added crosswalks, and improved signaling. The revamp occurred after a University of South Carolina student sued the university for being hit by a car while crossing the street.
When a crash occurs, and a person is inside a vehicle, the vehicle may provide some protection. When the person is on foot, that protection doesn’t exist. A typical SUV can weigh up to 6,000 pounds. Even at low speeds, a pedestrian who is struck is likely to be seriously injured.
Most Common Causes of Pedestrian Accidents in Columbia
There were 141 pedestrian traffic deaths in Columbia, SC, from 2020-24. Pedestrian traffic fatalities increased in the city from 2015-19, when 119 deaths occurred.
Some common causes of pedestrian accidents in Columbia are:
- Distracted driving
- Careless driving
- Failing to observe crosswalk signals
- Poor crosswalk planning, poor median and lane planning
- Poor parking lot and on-street parking design
- Bad lighting
- Missing sidewalks and bike lanes
- Backing up without looking for people
- Bus stop locations
- Inadequate traffic signaling
- Failure to yield
- Speeding, inappropriate speed limits
- Work zone management
Source: U.S. DOT, Risk Factors Other than Exposure
A study by Smart Growth America ranks Columbia, SC, 18th for the deadliest U.S. cities for pedestrians. The ranking is based on pedestrian traffic deaths and overall population.
What Are Pedestrian Rights Under South Carolina Traffic Law?
Pedestrians are protected by South Carolina traffic law. That means if someone else is at fault for the accident, you may receive compensation. You have the right to file a legal claim seeking compensation for economic losses and personal suffering caused by the accident.
Who Is at Fault When a Driver Strikes a Pedestrian?
Fault when a driver strikes a pedestrian is who caused the accident. Someone causes an accident by not being cautious or careful enough. That can be a driver who doesn’t slow down in a pedestrian area. It can be a unit of government that poorly designed a pedestrian area.
It may not be immediately obvious who is legally at fault. An investigation may be required. A lawyer can represent you and lead your investigation.
How Comparative Negligence Can Affect a Pedestrian Accident Claim
South Carolina law uses comparative negligence to assign fault in accidents. Even if you share some fault, you may still receive compensation. Your fault must be 50% or less. Fault may lower your compensation, but you may still receive something.
Don’t just take the insurance company’s word for it – they’re not on your side. A lawyer can give you an honest evaluation of your case.
Steps to Take After Being Hit by a Car in Columbia
I was hit by a car as a pedestrian – What do I do?
If you’re hit by a car in Columbia:
Secure your safety. Get to a place where you won’t be struck again.
Call the police. A pedestrian accident is a car accident. Report the accident to law enforcement as soon as possible.
Vehicle information. Get license plate information and note the vehicle description. If you can access your phone, take a photo of the license plate and vehicle.
Medical attention. Prioritize your medical attention. Remember, adrenaline can mask injuries, so you may not realize that you’re seriously hurt.
Document the scene. Take photos of the intersection and the accident scene. Ask someone else to do this if you’re seriously hurt.
Contact an attorney quickly. An attorney can work quickly to gather evidence. Especially in pedestrian areas, there may be businesses with surveillance video and witnesses.
Know your rights. There are steps you must take to receive compensation and maximize your award. You may hire an attorney to represent you.
How a Columbia Pedestrian Accident Lawyer Protects Your Rights
When you’re hurt as a pedestrian, the driver’s insurance company isn’t on your side. The city and SCDOT aren’t on your side, either. They’re not going to explain what you deserve in compensation.
You need a pedestrian accident lawyer.
A lawyer can investigate. They know the steps to take, including special steps when the claim is against the government. Shealey Law Firm is a South Carolina Tort Claims Act attorney in Columbia.
We offer full-service representation for victims of pedestrian accidents.
The average payout for a pedestrian hit by a car includes both economic and non-economic losses. Our lawyers work to maximize your award.
Talk to an Attorney
If you’re a pedestrian hit by a car in Columbia, or if you’re helping a family member who was, we invite you to contact our experienced attorneys at Shealey Law Firm. We’re taking new cases now.