Pedestrian Accident Lawyer in Myrtle Beach 

Pedestrian Accident Lawyer In Myrtle Beach 

Walking along a city street should be a safe atmosphere for pedestrians; however, in many cases, negligent drivers compromise the well-being of pedestrians and cyclists. Despite crosswalks and other traffic laws created to protect pedestrians, each year approximately 64,000 people are struck by cars while walking and, 5,000 are killed. There is a current trend in city management to build “pedestrian-friendly” roads with ample lighting and sidewalks. Unfortunately, many of our area roads are not necessarily safe for pedestrians.

On This Page:

• Pedestrian Accidents in Myrtle Beach
• Pedestrian Injury and Fatality Statistics
• South Carolina Pedestrian Laws
• Causes of Pedestrian Accidents
• After the Accident
• How Can We Help?

 

More than 50% of accidents involving pedestrians and cars are fatal for the walker. If not lethal, it is likely that they have incurred serious injuries that could permanently alter their lifestyle. If you or someone you love has been injured by a negligent driver, you may be eligible to receive compensation for your medical expenses, pain and suffering, lost wages, or wrongful death.

The Lovely Law firm is dedicated to helping people like you claim the compensation you deserve.

To find more information on claiming compensation for your pedestrian accident or to find out if you can claim you should contact us today.

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Pedestrian Accidents In Myrtle Beach

Many people in South Carolina choose to walk for exercise or simply as a means of getting where they need to go. Choosing to walk in Myrtle Beach is healthy and is also good for the environment. However, pedestrians have a much greater risk of suffering serious injuries or of being killed when they are struck by vehicles since they have nothing to protect them from their surroundings and from the physical forces that are released in collisions. When people are struck and injured in accidents that are caused by motorists, the victims and the families of victims who are killed have legal rights to pursue compensation by filing personal injury lawsuits to hold the motorists liable. An experienced attorney may investigate the facts and circumstances of what happened in an effort to uncover all of the potential recovery sources so that their clients might be able to maximize their recovery amounts.

Pedestrian Injury And Fatality Statistics

Pedestrian accidents are a serious issue in South Carolina, including in Myrtle Beach, with the state ranking #13 in the nation for pedestrian fatalities in 2022, according to the 2023 Governors Highway Safety Association Pedestrian Accident Report. That year, 173 pedestrian fatalities were reported in the state, tying South Carolina with Michigan for the #13 spot.

According to the South Carolina Traffic Collision 2022 Edition Fact Book, a pedestrian is killed in a traffic accident every 2.1 days in the Palmetto State. The total number of pedestrian-involved traffic collisions in 2022 reached 1,137. This number includes:

• 213 serious injury collisions, resulting in 208 serious injuries
• 694 other injury collisions, involving 696 pedestrians with minor or non-life-threatening injuries
• 60 non-injury collisions

Pedestrian accidents occurred in various situations, with the following notable statistics:

• 639 pedestrians were involved in accidents while walking, playing, or cycling, with 117 sustaining serious injuries
• 271 pedestrians were involved in collisions while entering or crossing a roadway, resulting in 45 fatalities
• 122 pedestrians were involved in accidents while standing, leading to 14 fatalities and 24 serious injuries

Most Dangerous Intersections for Pedestrians in South Carolina

Certain intersections pose a greater risk for pedestrian accidents in the state than others. The most dangerous intersections include:

• US-1 at S-752 – 2 fatal collisions reported
• US-25 at Cty-COMMONS WAY – 1 fatal collision, 2 serious injury collisions reported
• US-17 at S-215 – 3 serious injury collisions reported
• S-106 at S-404 – 3 serious injury collisions reported

These numbers highlight the significant risks pedestrians face when walking the streets of South Carolina. If you or a loved one has been injured in a pedestrian accident, seeking legal guidance from The Lovely Law Firm can help you manage the claims process. We will fight for the compensation you deserve so that you can focus on recovering from your injuries.

South Carolina Pedestrian Laws

Under the laws of South Carolina, both pedestrians and motorists have certain duties when they are traveling on the roadways. Drivers in the state owe duties of care to pedestrians to do the following:

• Yield to pedestrians who are using crosswalks under S.C. Code Ann. § 56-5-3130
• Under S.C. Code Ann. 56-5-3200, motorists must stop their vehicles when blind or disabled people are attempting to cross with canes or guide dogs
• Use caution and due care to avoid causing pedestrian accidents under S.C. Code Ann. 56-5-3230
• Not pass other vehicles that are stopped at crosswalks to allow pedestrians to cross under S.C. Code Ann. 56-5-3130(d)
• Avoid driving through safety zones under S.C. Code Ann. 56-5-3240

In addition to these pedestrian-specific duties that are owed by motorists, the motorists must also follow the traffic laws. This means that they should not speed, ignore traffic control devices, engage in distracted driving practices, drive while they are under the influence of alcohol or drugs, or drive while they are drowsy. All of these types of driver behaviors can cause accidents, including pedestrian crashes.

Pedestrians have the following responsibilities:

• Follow all traffic control devices and signals under S.C. Code Ann. 56-5-3110
• Use tunnels, bridges, or crosswalks when possible or yield to vehicles in areas without crosswalks under S.C. Code Ann. 56-5-3150
• Use the right half of the crosswalks under S.C. Code Ann. 56-5-3140
• Not crossroads in a diagonal unless the road and crosswalk are designed for such crossings under S.C. Code Ann. 56-5-3150

Like drivers, pedestrians also have a number of other responsibilities. If they are walking at night, they should wear clothing that is visible. Pedestrians should avoid walking while they are intoxicated and should avoid using headphones or texting while they are crossing the streets.

What to Do as a Pedestrian When There Are No Sidewalks

There are situations where pedestrians may find themselves walking in an area where there are no sidewalks, and we want to make sure they are as safe as possible and follow South Carolina pedestrian laws while walking around traffic. As a pedestrian, the South Carolina Department Of Public Safety (SCDPS) states that as a pedestrian there are certain rules you should follow when walking on a roadway that has no sidewalks. You are less visible to drivers, which makes it essential to take extra precautions and follow pedestrian laws when walking on roads without sidewalks. Follow these safety guidelines to reduce the risk of an accident:

• Use the Shoulder – If no sidewalk is available, you will need to walk on the shoulder of the road as far from traffic as possible.
• Stay to the Left – On two-way roads without sidewalks or shoulders, walk on the left side of the road, facing oncoming traffic. This allows you to see approaching vehicles and hopefully react in time if necessary.
• Avoid Freeways and High-Speed Roads – These areas are not meant for pedestrians and pose extreme danger to them. Stick to roads where pedestrian travel is permitted.
• Keep Off the Roadway – Do not stand in traffic lanes or block the flow of vehicles when walking. Always yield to emergency vehicles and give every vehicle plenty of space.
• Avoid Walking While Impaired – If you are under the influence of alcohol or drugs, avoid walking near roads, as impairment can affect your judgment and reaction time. Walking on roadways with no sidewalks while inebriated is a deadly combination.
• Stay Off Bridges and Railways – If a bridge or railway has signals or barriers warning that there is approaching traffic, make sure you obey them and avoid crossing in unsafe conditions.

By taking precautions, and following South Carolina pedestrian laws, you can ensure your safety and minimize the risks of accident or injury when walking in areas without sidewalks.

What Happens If A Pedestrian Is Hit By A Vehicle When Following Pedestrian Laws When There Are No Sidewalks?

Even if there are no sidewalks, drivers still have a legal responsibility to watch for pedestrians and exercise caution to prevent accidents. This is often referred to as providing proper duty of care when driving around pedestrians and other vehicles. Motorists must remain alert, reduce speed when coming up on and passing pedestrians, and yield the right of way to pedestrians when required by law. If you were following all South Carolina pedestrian laws while walking where no sidewalks were present, you are unlikely to be assigned fault in an accident.

If a driver’s negligence caused your injuries as a pedestrian, you have the right to seek compensation for your medical expenses, lost wages, and pain and suffering. To improve your chances of securing the compensation you deserve, contact a South Carolina pedestrian accident lawyer at The Lovely Law Firm. Our dedicated legal team will gather important evidence, build a strong case, and tirelessly fight for your rights. Let us handle the legal process while you focus on your recovery.

What Happens If A Pedestrian Is Hit By A Vehicle, But Wasn’t Following Pedestrian Laws?

If you were injured by a driver while walking in an area without sidewalks but weren’t necessarily following all South Carolina pedestrian laws, you may still be able to claim some form of compensation for your injuries. South Carolina is an at-fault state, meaning that the person responsible for causing the accident is financially liable for the damages suffered by those injured or killed. However, fault is often contested, and insurance companies will work hard to minimize or deny claims against their insured drivers in an effort to maximize their profits.

South Carolina also follows a modified comparative fault rule, which allows more than one party to share responsibility for an accident. If you are found partially at fault for the accident, you can still pursue a claim against the driver who caused your injuries as long as you are less than 51% at fault. However, your pedestrian accident settlement will be reduced by your percentage of fault. For example, if you were awarded $100,000 for your injuries, but found to be 20% at fault, the total compensation you would receive would be reduced to $80,000.

If you were injured in a pedestrian accident and the fault is being disputed, it’s crucial to have an experienced South Carolina pedestrian accident lawyer on your side. At The Lovely Law Firm, we will fight to protect your rights, challenge unfair fault assignments, and work to maximize your compensation so that you can focus on recovering from your injuries.

Common Causes Of Accidents Involving Pedestrians In Myrtle Beach

There are a number of common causes of accidents involving pedestrians in Myrtle Beach, including the following:

• Motorists failing to yield to pedestrians in crosswalks
• Drivers running through traffic lights and stop signs or not proceeding with caution through yellow flashing lights
• Drivers failing to check for pedestrians when they turn at intersections
• Speeding
• Driver distraction
• Drunk or drugged driving
• Failing to notice pedestrians
• Pedestrians wearing dark clothing at night
• Pedestrians talking or texting on their phones while they cross streets
• Pedestrians who are intoxicated
• Crossing streets at areas other than crosswalks or intersections
• Poor visibility due to bushes, trees, and other visual obstructions
• Faulty road design
• Lack of sidewalks
• Broken or Uneven sidewalk injuries

Both pedestrians and drivers need to understand the causes of accidents and remain alert so that they can avoid them.

What Occurs After Pedestrian Accidents?

After a pedestrian accident in Myrtle Beach, the driver’s insurance company may try to dispute liability in an effort to avoid paying the injured victim’s claim or the claim of the victim’s family members. Insurance companies frequently try to blame the pedestrian instead of admitting that the driver was at fault. An insurance company may also try to argue that the pedestrian’s injuries are not as severe as he or she claims.

In some cases, the motorist’s insurance policy will not be sufficient to cover all of the losses that the pedestrian has suffered. Pedestrians who are injured in accidents may suffer catastrophic injuries and require ongoing medical care that can quickly exhaust the policy limits. If the pedestrian has underinsured motorist coverage, he or she can submit a claim to his or her own insurance company in addition to filing a claim with the at-fault driver’s policy. Underinsured motorist coverage will pay the difference between the policy limits of the at-fault driver’s policy up to the policy limits of the UIM coverage.

After the accident, the insurance company will try to contact the injured pedestrian. The insurance representative may ask the injured victim to give a recorded statement or to sign an authorization for the release of his or her medical records. Injured people should never agree to give recorded statements or to sign authorizations. They also should not agree to accept an offer of settlement without first talking to an experienced injury lawyer. An attorney can handle the negotiations for the victim on his or her behalf and might be better-positioned to properly value the claim.

How A Personal Injury Attorney Might Be Able To Help

Personal injury lawyers in South Carolina who are experienced with handling pedestrian accident claims may have a thorough understanding of the defense strategies that are commonly used by insurance companies. This can help them to anticipate and counter the arguments that might be raised by the defendants. Lawyers may also work with accident reconstruction experts, investigators, and medical experts to build strong cases that clearly show the liability of the motorist and the extent of the pedestrians’ injuries. Even if a case does not go to trial, preparing it thoroughly may help the attorney to secure a fair settlement that pays for all of the victim’s economic and noneconomic losses. If the insurance company fails to make a fair offer of settlement, the attorney may file a formal lawsuit and litigate for his or her client through the court process and trial. Contact a personal injury lawyer at the Lovely Law Firm today for a free consultation.

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I called several law firms in SC and none of then compared to The Lovely Law firm! If you need representation I highly recommend them. They are an honest and fair firm who genuinely cares!! Jessica was fantastic at communicating and responded to every message and text. Roberto Anton is kind, understanding and went above and beyond! He is extremely knowledgeable, detailed and a great listener who took care of everything. I couldn’t be happier.
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