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Pedestrians are much more vulnerable to serious injury than drivers traveling on the roads. In the event of a collision with a passenger vehicle, pedestrians are at risk for serious or even fatal injuries. Though a pedestrian accident could occur at any moment, pedestrians are most vulnerable at night when there is limited visibility.
If you were struck by a car, you might be entitled to receive compensation for your injuries. A York County pedestrian accident lawyer could take a look into your case and help you weigh your options. Pursuing fair compensation alone could be costly and confusing, but with the help and advice of a local personal injury attorney, you could rest easier knowing your case is in the hands of a professional.
An Introduction to Negligence
Pedestrian accidents can result from an intentional or criminal act, but they often result from negligent conduct. In order to bring a personal injury action based on a theory of negligence, a plaintiff has to show the following four elements were present at the time of the accident:
- Duty of care
- Breach of duty
- Proximate and actual causation
- Actual harm
Under the first element, duty, the plaintiff has to prove that the defendant owed them a duty of care. In pedestrian accident cases in York County, this is one of the easier elements to show. Drivers owe those they encounter a duty of reasonable care. Element number two, breach, requires that the defendant failed to act with reasonable care. Examples of a breach might include driving over the speed limit, texting while driving, or failing to stop at a stop sign.
Element three is causation and states that the defendant’s negligent breach must have been the proximate and actual cause of the plaintiff’s injuries. Proximate cause means the defendant’s conduct was reasonably related to the plaintiff’s injuries, and actual cause means that but for the defendant’s conduct, the plaintiff would not have suffered an injury. Finally, under element four, the plaintiff must have suffered harms that could be compensable in court.
Potential Limits on Recovery for Pedestrian Accidents in York County
Comparative Fault
A plaintiff’s recovery might be reduced or barred under the issue of comparative fault if they are determined to also be at fault for causing their injury. South Carolina follows the 51 percent bar rule, which prevents a plaintiff from receiving any recovery if they are more responsible for the accident than the defendant. If they are 50 percent or less at fault, they may recover, but their total compensation would be reduced by their percentage of fault.
Statute of Limitations
Pedestrian accident victims in York County are required to file their case within the applicable statute of limitations. For personal injury actions, plaintiffs generally must file their lawsuit within three years of the date of the accident according to South Carolina Code §15-3-530.
A York County Pedestrian Attorney Could Be Your Advocate
Pursuing recovery could be a challenging experience without professional legal assistance by your side. Taking on insurance companies and opposing law firms by yourself is not always the best option. They might have experience and resources that could keep you from achieving the success you deserve.
A York County pedestrian accident lawyer could take on your legal battles ahead. They could review your case and help you develop a plan for your future recovery efforts. Reach out to Schiller & Hamilton for a consultation.