Vehicle collisions, including motorcycle accidents, are often blamed on those operating the vehicles. However, in some cases, pedestrians may be held responsible if they negligently step into traffic, causing an accident. If this sounds like your situation, call an attorney to discuss how you can get fair compensation for your injuries.
Suing a pedestrian for a motorcycle accident might be a bit less common than other accident cases, but it is still possible. Pedestrians must not enter the flow of traffic, barring special circumstances, and they may be held responsible if vehicles must swerve around them, leading to collisions. It can be challenging to gather evidence proving the pedestrian is at fault, but we may find security camera footage and witnesses who can support your claim. You might also need help dealing with insurance claims, which may be particularly complex in cases involving pedestrians.
Get a free case review from our Columbia, SC motorcycle accident lawyers with Burriss Ridgeway Injury Lawyers by calling (803) 451-4000.
Suing a Pedestrian for a Motorcycle Injury in South Carolina
Although suing a pedestrian for a motorcycle accident is somewhat unusual, it is possible under certain circumstances. Even if the pedestrian is not injured in the accident, they might still be responsible for interfering with a driver’s ability to drive safely.
While motorcycle riders are expected to abide by the rules of the road, pedestrians must also follow the rules. If a pedestrian did something to interfere with traffic or get in the way of a motorcycle rider, they might be liable for the resulting accident. If you are involved in such an accident, try to get the name of the pedestrian you believe caused the accident, as getting proof of their negligence may be challenging if we do not know who they are.
Be very careful about how you approach a case against a pedestrian. Often, when pedestrians are injured by vehicles, the drivers are practically presumed responsible until proven otherwise. As such, our South Carolina motorcycle accident attorneys should gather as much evidence as possible to show that the pedestrian caused the accident.
How a Pedestrian Might Be Responsible for a Motorcycle Accident
Although pedestrians might not be operating vehicles, they may still be held responsible for motorcycle accidents.
Pedestrians may cause serious accidents simply by jaywalking. While jaywalking is often regarded as an incredibly minor offense, it can lead to serious collisions. A pedestrian might try to cross the street where they should not, and cause a motorcycle rider to swerve to avoid them. The rider might then crash into a stationary object or another vehicle.
Another possibility is that a person exiting a parked vehicle without checking for oncoming traffic causes an accident. A motorcycle rider might be coming up alongside the vehicle when the driver or a passenger suddenly throws the door open in the way of traffic. Again, the motorcycle rider might swerve and end up crashing. Accidents like this often occur alongside parking lanes.
Still, a pedestrian might be responsible for an accident if they stop in the road while crossing. If a pedestrian is crossing, they must continue crossing. Stopping suddenly may be very negligent and cause a collision.
Evidence You Need to Sue a Pedestrian for a Motorcycle Accident in South Carolina
No case can succeed without evidence, and claims against negligent pedestrians are no different. Courts tend to presume that pedestrians are not at fault in vehicle accidents, so we will likely need very compelling evidence to support your case.
Depending on where the accident occurred, there might be video evidence showing the pedestrian enter the street, causing you to crash on your motorcycle. Security camera footage, dashcams, and other video evidence can be extremely helpful and may be some of the most powerful evidence in our arsenal.
We might also call upon witnesses who saw the pedestrian acting negligently. Other drivers, pedestrians, and people who were near the accident might have seen how it happened and can provide crucial testimony in court.
After the accident, you should take lots of photos of the scene, including crosswalk lines, traffic signals, lighted signals, and anything else that might be important to motorcycle riders and pedestrians. These photos may provide us with important information about the location of the accident and how it might have occurred.
Dealing with Insurance After a Motorcycle Accident with a Pedestrian
Even though the defendant in your case was a pedestrian and not operating a vehicle, the accident may still be covered by auto insurance.
South Carolina is a fault-based or tort insurance state, meaning injured drivers and victims must file third-party claims with the at-fault person’s liability insurance. If a pedestrian caused your accident, filing an insurance claim might be more challenging.
First, the pedestrian might not have any insurance to file a claim with. Many people choose to walk or take other modes of transportation because they do not drive. If they do not drive, they likely do not have auto insurance, and you might have to find other sources of compensation.
Second, you might have to rely on your own auto insurance if the at-fault pedestrian is uninsured. In South Carolina, drivers are required to carry uninsured and underinsured motorist coverage just in case they are in an accident with an uninsured person.
Can I Sue a Pedestrian for a Motorcycle Accident if I am Partially Responsible?
There is a strong possibility that the defendant will argue that you caused the accident. Since they are a pedestrian, the court may be inclined to believe them. In that case, the court may apply laws of comparative negligence under S.C. Code Ann. § 15-38-15(A).
If you are found to be partially responsible, your overall damages may be reduced according to your fault. If you are 15% responsible, your damages may be diminished by 15%. However, if you are 50% or more responsible, you may not recover any damages.
Reach Out to Our South Carolina Motorcycle Accident Lawyers for Assistance
Get a free case review from our Blythewood, SC motorcycle accident lawyers with Burriss Ridgeway Injury Lawyers by calling (803) 451-4000.
