Accidents are usually caused by careless drivers who are not paying proper attention to the roadway in front of them. Accidents can occur anywhere, but they typically occur at crosswalks near busy traffic intersections.
If you or someone you love has sustained serious personal injuries as a result of an accident, you may be entitled to monetary compensation.
Our experienced Aiken personal injury lawyers are here to help and can meet with you to discuss the facts and circumstances of your individual case, challenge any liability disputes made by the insurance company, and help you to obtain monetary compensation.
Common Accident Locations
Although accidents can occur almost anywhere, some of the more common locations for accidents include the following:
- Roadway median strips
- Parking lots
- Parking garages
If an injury has occurred here or anywhere else due to another’s negligence, an Aiken personal injury attorney may be able to assist.
In accidents where a motor vehicle is involved, the most common legal theory of liability is negligence. In order to prove negligence the injured party must prove that a driver breached the duty of care to act a reasonable, prudent, and careful driver under the circumstances – and that this breach factually and legally caused the injured pedestrian’s damages.
An injured pedestrian can usually prove liability on the part of the driver if the driver was speeding, texting or using a cell phone while driving, or failed to yield the right-of-way to a pedestrian who was lawfully in a crosswalk at an intersection.
If an injured person or their Aiken personal injury attorney can prove negligence on the part of a driver, the injured party may be entitled to some or all of the following types of economic and non-economic damages:
- Payment of all causally related medical bills, physical therapy bills, surgical bills, and all related expenses
- Compensation of lost wages for time missed from work
- Compensation for past, present, and future pain and suffering
- Compensation for past, present, and future emotional distress and mental anguish
- Compensation for loss of consortium, companionship, or spousal support
- Payment of medical bills for psychological or psychiatric treatment that is causally related to the pedestrian accident
- Compensation for loss of earning capacity in severe pedestrian accident cases, such as those involving traumatic brain injuries or internal injuries
Limitations on Recovery
In accident cases, defendant drivers (and their insurance companies) sometimes allege that the injured party caused or contributed to the accident.
Under South Carolina comparative negligence law, if the injured person is deemed 51% or more at fault for the accident, he or she may not recover any damages. If the injured person is deemed less than 51 percent at fault, then he or she may recover damages. However, the recovery is limited by the extent to which the injured pedestrian was at fault.
Contact An Aiken Personal Injury Lawyer
If you have been injured in an accident, our Aiken personal injury lawyers are here to help.
Our experienced injury lawyers in Aiken can fight any liability disputes made by the insurance company and can negotiate with the insurance company on your behalf, helping you to obtain the monetary compensation you need and deserve. You should feel free to contact us at any time, via telephone or email, for an initial consultation.