How Does A Pedestrian Accident Lawyer Handle Pedestrian Injury Cases In Spartanburg, SC?
South Carolina has one of the highest pedestrian fatality and injury rates according to the Governor’s Highway Safety Association. South Carolina was in the list of top ten states with a fatality rate of more than 2 in 100,000 people. The report also showed that every year pedestrian fatalities gradually increased up to 2016. A pedestrian accidents lawyer offers advice to pedestrians who have been injured by usually an automobile driver that was driving negligently. If you or a loved one was injured as a pedestrian, and it was the fault of the driver, contact BT Smith law firm in Spartanburg to speak to one of our experienced pedestrian accident attorneys. The consultation is FREE. Call today (864) 662-6821.
If you get hit by a vehicle as a pedestrian, it often leads to severe injuries. The worst thing about this type of injury is the massive bill that you will get after treatment. Covering these bills will be almost impossible for you on your own which is why you may consider getting compensation. This is why you need a pedestrian accident lawyer.
Unfortunately, very few insurance companies are ready to pay you what you need to get medical care. As a result, you need a support system such as a pedestrian injury lawyer to assist in getting you compensated. You stand to benefit a lot by having an experienced attorney on your team.
Common Causes of Pedestrian Accidents and How Pedestrian Accident Attorneys Can Help
Negligence by drivers is the major cause of many Spartanburg, SC pedestrian accidents. Many drivers do not consider anyone else when driving which often leads in a crash. However, several other factors cause a majority of the pedestrian accidents.
- Over speeding. Drivers who speed are at risk of losing control and hitting pedestrians. Some of them do not give pedestrians right of way even at the designated places which leads to an accident. If a driver is going over the speed limit then the breaks fail, pedestrians could sustain injuries. May result in fatalities or severe injuries that cost a fortune to treat.
- Distracted driving. Distracted driving was the number one cause of pedestrian accidents in the report by GHSA. Many drivers make phone calls and even text when while driving. In most cases, this often leads to an incident. Your pedestrian accident lawyer will prove that the driver drove while distracted and caused the accident. In this way, you will quickly get compensation through our pedestrian accident attorneys to cover your injuries and more.
- Drunken driving. It is unlikely that a drunk driver will have perfect vision. As a result, they may weave off the road on to the sidewalks, hitting pedestrians. They may also not see when someone is crossing the street and may end up running them over. Injuries from these accidents may be a lot more serious and cost more to treat. A great pedestrian injury attorney will help you gather evidence against the driver, such as the driver’s BAC. This will almost automatically get you an excellent compensation package.
In a pedestrian accident, it is usually straightforward to prove that the driver is at fault. This is especially true if the accident happened in a zebra crossing or at a stop sign. This means the pedestrian had the right of way. Your pedestrian accident lawyer Spartanburg, SC can gather proof against the driver to help you when making a claim.
A Pedestrian Injury Lawyer Can Get You Damage Compensation
These are paid to take care of financial losses that the person has suffered after the accident. They include medical bills, loss of wage, long-term medical expenses due to disability, and future payments. For compensation, you need to provide proof of the financial losses suffered. It needs to be apparent that the accident caused the injuries. An experienced pedestrian injury attorney can easily prove this in court or even during settlement negotiations.
This is one type of compensation sought by the family of the deceased. If your relative, who was an essential part of your family, dies, you are allowed to seek compensation. Through your pedestrian injury attorney, you can argue that you lost your family’s breadwinner. He can show that your quality of life is set to reduce due to the loss. You can also file for loss of companionship if you lost a spouse as a result of the pedestrian accident.
It is a type of compensation paid for losses that do not have a direct impact on finances. Under this category, your lawyer can argue the loss of enjoyment, pain and suffering, and loss of companionship. You can’t count the damage, but it can have a significant effect on the pedestrian in the accident.
To get this type of compensation, you need a skilled lawyer who will try to quantify your suffering. Your lawyer needs all of the details. Your attorney needs to convince the court. The goal is to show that you and your family need that type of compensation to improve life. There is usually a limit on how much noneconomic damages you can collect, but the amount is still substantial.
You may not always get punitive damages, but your lawyer can try to convince the court. It is compensation to the victim that is purposely meant to punish the offender. For example, if the driver tried to get away or if they were very reckless leading up to the accident. Pedestrian accidents are a bit easy to justify when convincing the court of punitive damages. You may also seek punitive damages in the case that your relative died.
Seeking Compensation After a Pedestrian Accident in Spartanburg, SC
There are two options that you can choose after a pedestrian wreck. You can either settle with the insurance company or file a lawsuit. Both options have their pros and cons; it all depends on what suits you best.
Settling with the Insurance Company Through a Pedestrian Injury Lawyer
In South Carolina, all vehicles are required to have liability insurance coverage of not less than $25,000. However, that is hardly enough to cover for most damages, and that is why there may be negotiations. Doing this on your own means that you will get a lot less than you deserve. You need a pedestrian injury lawyer to guide you.
Your pedestrian accident attorney has the necessary knowledge and experience to negotiate an excellent package on your behalf. He will calculate all your losses and have a figure in mind that you can be happy taking. A pedestrian accident lawyer will know what constitutes a good offer and what doesn’t. Your pedestrian accident lawyer will protect you from lowball offers made by the insurance company. In case the negotiations do not go well, you can always file a suit.
During negotiations, your pedestrian injury attorney must present the offers made to you. A good attorney will break down each offer in simple terms. They will also answer any question you have. However, he may advise against it, and it is crucial that you listen to him. This is because he has an idea of how much you deserve.
There are some cases where an uninsured or underinsured motorist may hit you. The situation becomes a bit complicated here, and you will be on the losing end. If the driver has no insurance, there is very little you can do unless you want him jailed. This is because he may not have enough money to pay out of pocket.
You will have to approach your insurance company to seek compensation under your uninsured or underinsured policy. Of course, you can only do that if you signed to have that policy. If you don't have it, then you will have to negotiate with your insurance company. Your pedestrian injury lawyer can convince the company to compensate you even if you don’t have that policy.
Hire the Best Pedestrian Accidents Lawyer to File an Injury Lawsuit
It is by far the best option, but it may take quite some time before you get compensated. This is because you have to wait until the court proceedings finish then the ruling decided. It can take months, and though the package may be considerably large, you may not have the patience.
During a lawsuit, you have the freedom to request all the different compensation that you deserve. If you were injured as a pedestrian, due to someone else's negligence, contact the best pedestrian accident attorney you can find. A good pedestrian accident injury lawyer will be the best type of attorney to argue your case. As long as you weren’t liable by 51% or more, you qualify to get compensation. If you have any liability in the incident, the percentage you were responsible for will come from your settlement package. Contact a Spartanburg pedestrian accidents lawyer today for a FREE case evaluation at (864) 662-6821.
Contact Us Today for Any Queries About Pedestrian Accidents
If you or a loved one sustained an injury in a pedestrian accident, you can file for compensation. The process may be long, but you don't have to go through it alone. At Brian T Smith Law Firm, we have the best pedestrian accident lawyer in Spartanburg, SC to assist you.
We carefully analyze every case entrusted to us. We always formulate the best plan of action. Through our years of experience, we have gathered enough knowledge on how to deal with any case. Talk to us for a consultation and allow us to get you the best compensation for your losses.
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