Crossing the street should be a safe and easy part of your daily commute. Unfortunately, danger lurks wherever pedestrians and vehicles meet. When crossing the street, you might be struck by a car and very badly injured. The driver might try to blame you, but a lawyer can help you prove who was really at fault.
In many cases, drivers are at fault for crosswalk accidents. Even when pedestrians take all reasonable precautions, it may be difficult or impossible to avoid a negligent driver. To prove that the driver is responsible, we need evidence from the accident. Security camera footage, testimony, and evidence of signs or lights at the crosswalk may be necessary. Even though you were not driving, you may be covered by your auto insurance. If you do not have auto insurance, you may still file a claim with the driver’s insurance. Although it is less common, pedestrians might be deemed at fault for crosswalk accidents under specific circumstances.
Receive a free review of your case from our Columbia, SC pedestrian accident lawyers by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
Determining Fault in a Crosswalk Accident
Fault is often intertwined with negligence. To determine who is responsible for a crosswalk accident, our Blythewood, SC pedestrian accident lawyers may need to determine if anyone acted negligently.
In many cases, drivers are deemed negligent and held responsible for injuring pedestrians in crosswalks. Speeding, driving while distracted, or ignoring signs and lights are common examples of driver negligence. Often, people tend to presume that drivers are responsible for accidents in crosswalks unless they can prove otherwise.
While drivers are usually deemed responsible for crosswalk accidents, it is still possible for a pedestrian to be at fault. Again, this comes back to negligence. If you did anything negligent, like entering the street when a lighted signal says to stop, you might be found partially responsible.
Evidence of Fault in South Carolina Crosswalk Accident Cases
To prove that the driver who hit you is at fault, we need evidence from the accident scene. How we gather evidence may depend on where exactly the accident happened and what kind of evidence is actually available.
Crosswalks are often located in busy areas surrounded by houses, offices, and businesses. There is a good chance that a security camera nearby captured footage of the accident. If we can get copies of these videos, we may be able to see exactly how the accident happened. We may also look for videos from traffic cameras and dashcams.
We should also speak with people who were present at the accident to gather any valuable testimony. Eyewitnesses may be able to describe how they saw the driver cause the accident. Your testimony may also be important, as you may have seen the car coming before being struck.
Signage in the area may also shed light on how the driver is at fault. We may need to go back and photograph the scene to prove if there was a stop sign or something else indicating to drivers to stop or yield.
Are Pedestrians Covered by Insurance in Crosswalk Accidents?
Even though you might have been walking in a crosswalk when you were hit by a car, your injuries may still be covered by auto insurance. These kinds of accidents are often still classified as car accidents by insurance companies.
If you are hit by a car in a crosswalk, you may file a claim with the driver’s insurance to hopefully cover your damages. The driver is required to stop and wait until the police arrive at the scene, and they should provide you with the information you need to contact their insurance provider. If they do not, you should call the police immediately.
If you have your own auto insurance, you might also be covered by certain policies. MedPay could help you cover some of your medical costs, while underinsured or uninsured motorist coverage could help you with various other damages if the other driver lacks insurance.
How Fault Affects Insurance in Crosswalk Accident Claims
South Carolina follows a fault-based insurance system where injured victims file third-party claims with the responsible party’s liability insurance. Before the insurance company covers anything, you must prove that its customer (i.e., the driver) is at fault for the accident.
If there is anything to suggest that you might be at fault, even partially, the insurance company might reduce your compensation or deny your claim altogether.
If you do not have auto insurance of your own to cover some of the costs, you might be in a very bad spot if the other driver’s insurance denies your claim. This is not unusual in crosswalk accidents, as many pedestrians are walking because they do not own vehicles.
Are Pedestrians Ever At Fault for Crosswalk Accidents?
While it is less common, pedestrians may be deemed at fault for crosswalk accidents under certain circumstances.
Many crosswalks have lighted signs indicating when pedestrians may cross. If you entered a crosswalk when the light indicated for you to wait, you might be deemed at fault for the accident.
If the crosswalk has no lighted signals and drivers are expected to yield to crossing pedestrians, we should consider how far away the driver was when you entered the crosswalk. Even though the driver must yield, they might have been unable to do so if you entered the crosswalk when they were too close to safely stop.
What if I am Partially Responsible for an Accident in a Crosswalk?
If you are somewhat responsible for the accident, you may still be able to sue for damages. However, if you win your case, your damages award may be reduced according to your share of fault.
South Carolina’s law of modified comparative negligence may apply. According to S.C. Code Ann. § 15-38-15(A), a plaintiff’s overall damages may be reduced according to their share of fault, usually expressed as a percentage. If a judge or jury deems you 10% responsible for the crosswalk accident, your overall damages may be reduced by 10%.
If you are at least 50% responsible for the accident, you may be completely barred from recovering any damages.
Discuss Your Case with Our South Carolina Pedestrian Accident Lawyers
Receive a free review of your case from our Columbia, SC pedestrian accident lawyers by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
