Pedestrian Accidents Involving Cars in South Carolina
Unfortunately, when there is a traffic accident involving a vehicle and a pedestrian, the pedestrian is almost always at risk of severe injury or death. Every day, South Carolina residents become injured when negligent drivers collide with them, frequently causing life-altering injuries. If you or your loved one was injured in a pedestrian accident involving a motor vehicle, it is important that you understand your legal rights and options. You may be entitled to compensation by pursuing an insurance claim or a personal injury lawsuit.
The Responding Police Officer May Wrongly Blame the PedestrianIf you have been involved in a pedestrian accident, you should call 911 and request that an ambulance and a police officer come to the accident scene. The police officer will be able to evaluate the scene and complete an accident report. However, looking at the accident report as an injured pedestrian can be frustrating. In many cases, the police officer will wrongly blame The pedestrian for the acts, especially when a vehicle hits a pedestrian.
The driver may be the only witness the police officer speaks to at the scene. In some cases, the pedestrian cannot speak due to being injured or is already on the way to the hospital when the officer arrives. Remember that the police officer's opinion about who is at fault will not prevent you from obtaining the compensation you deserve for your injuries.
You Can File an Insurance Claim With the At-Fault Driver's Insurance CompanyIf you have been injured because of a negligent driver, there are two ways to pursue compensation. You have the right to file a claim for compensation with the at-fault driver's insurance company to cover your losses and expenses. You can also pursue compensation through a personal injury lawsuit in a South Carolina civil court. Unfortunately, insurance companies are notorious for denying claims. They may try to convince you to accept a settlement agreement that is far too low immediately after the accident.
Before you sign a settlement agreement with the insurance company, you should reach out to a personal injury attorney. In many cases, an attorney can negotiate with the insurance company and drive up the settlement amount. You do not have to accept the low settlement offer made to you by the insurance company. It is crucial that you understand all of your options and hold the insurance company and at-fault driver accountable with the help of a skilled attorney.
The Insurance Company May Try to Claim You Caused the AccidentAfter you file a claim with the insurance company, the insurance company is supposed to conduct a thorough investigation. They do not always do so, and they may try to claim that you caused the accident so they can avoid paying you the compensation you deserve. If you are not at fault for the accident, an attorney can help you gather evidence showing that the driver caused the accident. Suppose you can prove that the driver's negligence caused the accident that resulted in your injuries. In that case, the insurance company must provide you with an adequate amount of compensation for your damages.
What If There Is Not Enough Insurance Coverage?Some South Carolina drivers do not carry auto insurance as required by law. Alternatively, they may have auto insurance but not enough to cover all your damages. In South Carolina, drivers are only required to carry $25,000 in liability coverage. When a driver does not have enough insurance coverage, or you were injured in a hit-and-run pedestrian accident, you have other avenues to explore.
You may be able to file a claim with your own insurance company under uninsured or underinsured motorist coverage. There may be an additional party who was liable for your injuries from whom you can pursue compensation. If there is a responsible third party, your attorney may be able to help you secure additional financial recovery from their insurance providers.
Discuss Your Case With a South Carolina Pedestrian Accident Attorney TodayThe pedestrian accident attorneys at Arnold & Smith, PLLC, have years of experience handling cases like yours. We have extensive experience successfully negotiating with insurance companies and defendants. We would be honored to help you and your family with the financial recovery process so you can focus on healing. We represent clients throughout North and South Carolina. Contact Arnold & Smith, PLLC today to schedule your free initial consultation and learn more about your rights.
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