2. Distracted Driving
South Carolina laws only prohibit texting while driving, which is difficult to prove. Moreover, the $25 fine is not too discouraging. Many Laurens residents need pedestrian accident attorney services after being hit by distracted drivers.
If it happens to you, any evidence of the driver’s distraction will matter. Look for witnesses, recordings from nearby cameras, or befriend the distracted driver on social media. Their online posts may prove that they were texting.
Although SC laws require drivers to adjust vehicle speed to traffic conditions, few do. Their cars become dangers on wheels and drive victims to consult a pedestrian accident lawyer. In cases of accidents at high speed, the speedometer often continues to indicate impact speed. A photo of it can be worth gold in a compensation claim.
4. Pedestrian Law Violations
Not all traffic participants obey pedestrian laws. Violations may count as a contributory fault, so they are important. Besides a discussion with a pedestrian accident lawyer, an overview of the laws in force may help. Most of them refer to the right of way and traffic control signals.
Laws An Auto Pedestrian Accidents Lawyer At BT Smith Law Firm May Review With Their Clients
- SECTION 56-5-3110 refers to traffic regulations and control devices pedestrians should obey. It stipulates that police officer directions take precedence over traffic control devices.
- SECTION 56-5-3120 covers local regulations. It gives the local authorities power to regulate pedestrian traffic in the business district roadways. Pedestrians may be prohibited from crossing the roadway in unmarked areas.
- SECTION 56-5-3130 regulates pedestrians’ traffic in crosswalk areas. Pedestrians have right of way where there are no control signals in place. However, they should not leave the curb suddenly or run in front of vehicles. Vehicles should not overtake preceding cars stopped at a crosswalk.
- SECTION 56-5-3140 stipulates that refers pedestrians should use the right side of the crosswalks.
- SECTION 56-5-3150 regulates pedestrians’ crossings outside the crosswalk areas. Outside marked crosswalks, vehicles have right of way. The same rule applies to the proximity of pedestrian tunnels and overhead pedestrian crossings. Pedestrians should not cross the roadway between adjacent intersections with traffic control signals in place. They can only do so in marked crosswalks and by obeying traffic control signals.
- SECTION 56-5-3160 prohibits pedestrians from using the roadway where sidewalks are available. Where there are no sidewalks, they should use the shoulder. They should stay as far as possible from the roadway edge. Outside of sidewalks and shoulders, pedestrians should use the left side of the road. They should yield the right of way to all vehicles.
- SECTION 5- 5-3170 prohibits pedestrian access on freeways. Exceptions apply to those performing public works or official duties. Emergency interventions are allowed as well.
- SECTION 56-5-3180 prohibits pedestrians from using the roadway to solicit rides or business.
- SECTION 56-5-3190 forbids pedestrians to use white canes with a red tip. The only exceptions to the rule refer to blind or disabled pedestrians.
- SECTION 56-5-3200 requests vehicles to yield right of way to pedestrians raising their cane or using guidance dogs.
- SECTION 56-5-3230 requires drivers to take precautions to avoid pedestrian accidents.
- SECTION 56-5-3240 prohibits driving through safety zones.
- SECTION 56-5-3250 stipulates that vehicles crossing the sidewalk should yield right of way to pedestrians.
- SECTION 56-5-3260 requires pedestrians to yield right of way to authorized emergency vehicles.
- SECTION 56 5 3270 prohibits pedestrians under the influence of drugs or alcohol to use the roadway.
- SECTION 56 5 3280 forbids pedestrians to cross bridges or railroads when these are in operation.
Are you worried you may have violated any of these laws? You should discuss your case with a pedestrian accident lawyer. The latter will analyze all the details and explain where you stand. If your fault percentage does not exceed 50%, South Carolina laws let you seek compensation for:
- Property damage – You can recover the cost of any assets damaged in the accident. When including it in the claim, you will have to connect the damages to the accident. Proof of the items’ value may be necessary as well. Common examples include watches, smartphones, tablets, laptops, and jewelry.
- Treatment costs – A pedestrian accident attorney will include all their client’s medical expenses in the claim. They can be medical procedures, pills, therapy sessions, lab tests, and more. These too will need evidence, such as bills, invoices, and receipts.
- Disability adjustments – These are available to pedestrians left disabled. They refer to the building of ramps, installation of support bars, elevators, and so on. Wheelchair and home care costs qualify as well. A pedestrian accident lawyer should claim them to justify their necessity.
- Lost wages – Pedestrian accident victims should recover any wages they lose due to their injuries. These are very easy to calculate for a pedestrian accident attorney. To justify them, the claimant may use their previous account statements.
- Lost earning capacity – Pedestrians disabled in traffic accidents can claim such compensation. It aims to replace any earnings they will no longer make due to their disability. It is advisable to turn to a pedestrian accident lawyer for the calculations.
- Pain and suffering – Everyone knows some accident injuries can be terribly painful. Broken bones, internal injuries, and scars bring about physical and mental pain and suffering. You should be able to include them in the compensation claim. However, be prepared to prove your suffering with medical reports and witnesses.
At the Law Office of Brian T. Smith, we know how traumatic pedestrian accidents are. We are aware of the huge costs our clients incur throughout the recovery process. We do everything in our power to recover those costs and simplify the process as much as possible. If you bring your case to us, we will be there for you every step of the way. Here are just some of the things your pedestrian accident attorney can do for you.