Every year thousands of pedestrians are severely injured or killed due to the negligent actions of a motor vehicle driver. Pedestrians often sustain serious injuries such as spinal trauma, broken bones, organ damage, and traumatic brain injuries. Besides physical trauma, those who have been injured in an accident also sustain emotional and financial hardships. Fortunately, when another party’s reckless actions cause an accident, they could be held liable for damages.
If you or a loved one were injured while walking due to the careless actions of another, a Bluffton pedestrian accident lawyer could help your case. With the help of a seasoned personal injury attorney, you may be eligible to recover compensation for damages such as medial expenses, pain and suffering, lost wages, and mental anguish.
Proving Negligence Following an Accident
Negligence, also known as the law of unintentional torts, occurs when someone unintentional infringes upon the rights of another person by committing a civil wrong, resulting in harm and civil liability.
In order to prove negligence, the plaintiff’s Bluffton pedestrian accident lawyer must prove the following elements:
- The defendant owed the pedestrian a duty of care
- The defendant breached their duty of care to the pedestrian
- The defendant caused the pedestrian’s injuries
- The plaintiff pedestrian suffered actual harm
For example, motor vehicle drivers owe a duty to operate their cars with reasonable care and to prevent unreasonable risk of harm to those they encounter on the road. If a driver speeds, fail to adhere to traffic laws, or otherwise drive unreasonably, causing an accident, they are in breach of their duty of care. Additionally, a seasoned pedestrian accident lawyer would have to prove that the defendant caused the pedestrian’s injuries and they suffered damages.
For a free legal consultation with a Bluffton Pedestrian Accident Lawyer call 1-803-366-0333
Understanding Comparative Fault in Bluffton
One of the major issues that limit and preclude a plaintiff’s ability to recover damages is the legal doctrine of comparative fault. Comparative fault assesses whether a plaintiff may recover compensation in court if they were partially at fault for causing the accident or injury.
According to South Carolina Code §15-38-15, plaintiffs are not able to recover damages in court if they are 51 percent or more to blame for causing the accident.
However, if the court deems that they are less than 50 percent at fault, their overall damages are then reduced by their share of liability. A skilled pedestrian accident attorney in Bluffton could fight against claims of shared fault to help the injured claimant recover more compensation for their damages.
Bluffton Pedestrian Accident Lawyer Near Me 1-803-366-0333
Schedule a Consultation with a Bluffton Pedestrian Accident Attorney
While walking, pedestrians are especially susceptible to severe injuries since they do not have the protection that cars and other vehicles offer. The financial burdens of a severe injury could be devastating to a family. Let a Bluffton pedestrian accident lawyer help your case. They could manage, organize, and execute your plan for legal action. They could zealously advocate for your right to compensation and help you hold the negligent party accountable for their actions.
Call Schiller & Hamilton today to discuss your case, legal rights, and options.