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Columbia, SC Pedestrian Accident Lawyer


Pedestrian accidents are all too common in Columbia, South Carolina. Pedestrian accidents happen often when we least expect them and can cause serious injuries that forever change the course of life for many victims.If you or a loved one was hit by a car while walking, bicycling, or another activity, you deserve justice and support, and you likely qualify for compensation under South Carolina law.

Following a pedestrian accident, many people suffer severe injuries. This can lead to expensive medical bills, lost wages, difficult healing journeys, and more. A Columbia, SC pedestrian accident lawyer can help you get the entirety of the compensation you deserve for all past, present, and future damages related to the accident.

At Cavanaugh & Thickens, LLC, our mission is to aggressively fight on your behalf to get you the best outcome possible for your case and future. With decades of combined experience, we’re here and ready to help you get back on track following an unexpected accident and injury. For a free case evaluation, contact us today by calling (803) 888-2200 or completing our secure online request form.

How Can Cavanaugh & Thickens, LLC Help Me After a Pedestrian Accident in Columbia?

Whether you were injured in a pedestrian accident or you are researching a lawyer to represent a loved one, you do not need to navigate the legal process on your own. While the South Carolina personal injury claims process is designed to help those who have been hurt or worse due to another person’s actions, the insurance companies will not make the process easy on you. From lowballing your offer to ignoring important communication, we’ve seen it all, and we won’t let that happen to you.

We believe that all of your time, energy, and attention should be put towards healing and preparing for a brighter future ahead. We are trained and equipped to fight insurance companies and get our clients the maximum compensation for their case. Let us handle the legal process and optimize your case, securing you the justice and compensation you deserve.

With Cavanaugh & Thickens, LLC, you can expect our team to:

  • Manage important communication with the involved parties, ensuring your best interests are protected.
  • Regularly update you on the status of your case and the next steps.
  • Gather critical evidence to prove fault, such as security footage, black box data, witness testimony, and much more.
  • Value and record your damages related to the accident, including medical bills, property damage, emotional pain and suffering, lost wages and more.
  • Prove liability and negligence.
  • Optimize your claim to seek the entirety of what you deserve under South Carolina law.
  • Fight for you in court if the insurance company refuses to come to a fair settlement.

What Are Common Causes of Pedestrian Accidents?

Even the safest, most aware people can fall victims to pedestrian accidents. In fact, every year, dozens of people are involved in pedestrian accidents across South Carolina. But why do so many of these accidents occur? Find out the common causes of pedestrian accidents below.

Driver Negligence

Driver negligence is one of the more common causes of car accidents, and this transfers to pedestrian accidents as well. Driver’s can be found negligent if they were distracted driving, such as using their cell phone, driving impatiently, driving recklessly, and more. Whenever a driver is not paying attention to what’s happening around them or the rules of the road, they pose a serious hazard and can be held at-fault for any accident and injuries caused by their negligence. Driver negligence could cause a driver to veer off the road and strike a pedestrian or not see someone crossing the road in front of them.

Driving Under the Influence of Alcohol or Drugs

Driving under the influence of drugs or alcohol is illegal in the United States, but devastatingly, that doesn’t stop people from doing it. Impaired drivers are hazardous to everyone on the road around them, especially pedestrians. Drunk drivers are often traveling at a higher rate of speed with delayed awareness. In addition, they typically have difficulty driving between the lines, which can increase the risk of hitting a pedestrian and the seriousness of the accident.

Improper Pedestrian Crossing

While many pedestrian accidents are caused directly by vehicle drivers, there are some cases where it is the actions of the pedestrian that causes the accident. Sitting, standing, lying in the middle of the road, or not using crosswalks appropriately can all increase the chances of getting hit by a car. However, if these types of factors were involved in your accident, it’s important to still talk to a firm that has experienced personal injury lawyers. Even if your actions were partly to blame for the accident, you may still be able to file a lawsuit and recover some compensation.

Other Factors

According to the National Safety Council, most pedestrian traffic deaths occurred in urban settings (84%), on the open road (77%), and during dark conditions (74%) with or without lights, peaking on Fridays and Saturdays.

No matter what factors played a part or caused your accident, it’s in your best interest to speak with an experienced lawyer. You’ll be able to go over the specifics of your accident to understand who may be found at-fault, if you qualify for compensation, and how much your pedestrian injury case may be worth.

Damages Available to You After a Columbia, SC Pedestrian Car Accident

Every case is unique, so it’s important to speak with a reputable pedestrian accident lawyer in Columbia, SC to understand exactly what you may be entitled to based on the specifics of your case. However, there are generally a few forms of compensation you may be entitled to, including but not limited to:

Medical Bills

Following a pedestrian accident, you likely have astronomical medical bills and a lengthy treatment plan ahead. Luckily, the South Carolina personal injury claims process is designed to compensate you for all related medical expenses caused by the accident, such as:

  • Ambulance Costs
  • Emergency Room Costs
  • Specialist Bills
  • Surgery Costs
  • Prescription Medications
  • Medical Equipment: such as crutches, walkers, wheelchairs, braces, and more.
  • Rehabilitation Costs: including physical therapy
  • Therapy
  • And More

Many times, the insurance company will offer you a settlement covering a few of these items. However, the initial offer is often valued much lower than what you truly deserve. It’s critical to review this offer directly with an experienced legal team to make sure you are not being lowballed. We’d be happy to review this with you during a free case evaluation with our office and help you understand what to do next.

Lost Wages

If your injuries have prevented you from going to work, then you may also seek compensation for your lost wages. This can help ensure you can cover important bills like rent while you are recovering.

If your injuries prevent you from returning to work in the same capacity, such as a permanent disability, then you may also qualify to receive compensation for your reduced earning capacity. Let’s say your injuries result in you needing to take a lower-paying job, your lawyer will fight to ensure that your claim seeks compensation for the difference between what you were making and what you will be making.

This is one reason why it’s critical to hire an experienced pedestrian accident attorney after suffering an injury caused by someone else’s negligence. We will optimize your claim to ensure you are getting fair compensation for all damages caused by the accident.

Wrongful Death

If the accident resulted in loss of life, we are so sorry. In these tragic cases, your team will ensure that you are compensated for funeral costs, burial costs, and other damages related to the death.

Pain and Suffering

Accidents result in more than just physical pain, they can also cause serious emotional pain and suffering. Without the help of a lawyer, it can be very difficult to value your emotional damages, as there is not a direct monetary amount tied to it. We will help you value and seek justice for:

  • Pain and Suffering
  • Mental Anguish
  • Disfigurement
  • Scarring
  • Anxiety
  • Depression
  • Loss of Consortium
  • Diminished Quality of Life
  • And more.

The mental and emotional toll that these accidents can have on victims is not to be overlooked. If you’re suffering from any of these after a pedestrian accident in Columbia, SC, we’re here to help.

Comparative Negligence in Columbia Pedestrian Accidents

Understanding who is at fault legally for an accident is the basis for being able to file a personal injury lawsuit for a pedestrian accident in South Carolina. South Carolina’s personal injury system follows comparative negligence rules, meaning as long as you are not found to be more than 50% liable, you may still qualify to recover compensation.

The amount that you are found to be at-fault for the accident resulting in your injuries directly correlates with the amount of compensation you can recover.

For example, if you were found to be 20% at-fault, and sustained $200,000 in damages, you could still recover up to $160,000.

Whether it is clear you were not at-fault for the accident, or perhaps you failed to uphold a standard like crossing at a crosswalk, you should speak with an experienced lawyer sooner than later to protect your rights to compensation.

Get a Free Case Evaluation Today With Cavanaugh & Thickens, LLC

If you are considering filing a lawsuit against someone after being injured in a pedestrian accident, you should have a South Carolina pedestrian accident lawyer representing your interests. It’s easy to get overwhelmed and confused when it comes to going through the court system, and an attorney helps guide you through each step and can answer any questions along the way.

If you’re unsure if you have a legal case, have any questions, or are ready to start the legal process, call our Columbia office today at (803) 888-2200 and speak directly with an experienced attorney. We are available via phone 24/7 and would be happy to help.

Additional Frequently Asked Questions and Information

Common Pedestrian Accident Injuries

Pedestrian accident victims often face serious injury because they are left completely unprotected from the impact of a vehicle or bicycle. Pedestrian accident injuries may mean lengthy hospital stays, ongoing need for physical therapy, multiple surgeries, and substantial medical expenses.
Here are a few of the most common types of injuries pedestrians may face after being hit by a car bike, or other:

  • Broken Bones
  • Catastrophic Injuries
  • Puncture Wounds
  • Road Rash
  • Brain Injuries
  • Spinal Injuries
  • Crush Injuries
  • Internal Bleeding
  • Damage to Internal Organs
  • Punctured Lungs

If you sustained any injuries as a result of an accident involving another party, contact our pedestrian accident lawyers today. We will walk through the details of your case, help you understand your options, and explain the personal injury claims process.

Can I Settle Out of Court?

It is possible to settle a pedestrian accident case out of court. In many cases, the insurance company will try to settle quickly for a low amount, so while a settlement can be tempting, it’s important to discuss any settlement offers through your attorney. Your lawyer can help you understand what is a reasonable offer and be your voice in negotiations. If you can’t reach an agreeable settlement, your attorney will proceed with the case to trial.

Who Determines Who Is At Fault?

The insurance company determines the legal determination of fault for an accident. The insurance company will take into consideration things like witness statements, statements from both parties, the police report, and if the driver was issued any citation. Then, they will make a determination of who was at fault.It is possible to have a situation where both the vehicle driver and the pedestrian were at fault. In these cases, the insurance company will make a determination and assign a percentage of fault to each party. For example, they may determine that the driver is 80 percent at fault and the pedestrian is 20 percent at fault.

Can I Still File a Lawsuit If I’m Found Partially at Fault?

It’s important to note that even if you are found partially at fault for a pedestrian accident, you may still be able to file a lawsuit and seek compensation. South Carolina only requires that you be found to be less than 50 percent at fault to be legally able to file a lawsuit against the other party.

How Much Does a Pedestrian Accident Attorney Cost?

Our Columbia pedestrian accident attorneys work on a contingency fee basis. Meaning there are no up-front or out-of-pocket costs to hire our reputable attorneys. Instead, our firm collects a fee that is deducted from the total compensation earned on your behalf. If you have any questions, please don’t hesitate to reach out! Remember, your consultation with our lawyers is entirely free of charge as well.

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