A person walking along the sidewalk or crossing the street has no seat belt, no airbag, and no steel frame for protection from vehicles. When a driver in North Augusta turns without looking or rolls through a crosswalk, the pedestrian absorbs the full force of the impact, and the resulting fractures, head trauma, and internal bleeding often demand months of treatment. The driver’s insurance company begins building its defense within hours, and its favorite argument is that you stepped into traffic without warning.
Speaking with a personal injury attorney early preserves the proof that supports your account of the wreck. A North Augusta pedestrian accident lawyer from our firm reconstructs what happened, identifies every available source of payment, and prepares the lawsuit as though a jury will decide it.
Proving the Driver Failed to Exercise Due Care in a Pedestrian Crash
South Carolina places the burden of caution on the person behind the wheel. Section 56-5-3230 requires every driver to exercise due care to avoid colliding with a pedestrian and to take proper precaution upon observing a child or an obviously confused or incapacitated person. Section 56-5-3130 requires motorists to yield to a walker already crossing within a marked or unmarked crosswalk and prohibits passing a vehicle that has stopped to let someone cross. Even where a person crosses outside a crosswalk and must yield under Section 56-5-3150, a distracted or speeding motorist may still carry the larger share of fault. A pedestrian injury attorney establishes that point with evidence such as:
- Surveillance footage from nearby businesses, doorbell cameras, and traffic signals
- Cellular records and the vehicle’s event data recorder
- Signal timing, lighting, and roadway design records for the location
- Sworn statements from independent witnesses taken before memories fade
- Reconstruction analysis addressing speed, sight lines, and stopping distance
Video is frequently overwritten within a matter of days, so our diligent attorneys send preservation demands as soon as we are retained.
Locating Coverage When the Negligent Driver Cannot Pay
Many pedestrians in North Augusta assume that the claim ends if the driver carries minimal insurance or leaves the accident scene. However, it often does not. Every automobile policy issued in this state must include uninsured motorist coverage under Section 38-77-150, and insurers must also offer optional underinsured motorist coverage under Section 38-77-160. Those benefits may reach you as a pedestrian through your own policy or through the policy of a relative in your household.
In a hit-and-run case, Section 38-77-170 allows recovery only when specific conditions are met, including a timely report to law enforcement and either physical contact with the unknown vehicle or a signed witness affidavit. Every pedestrian wreck claim that we accept therefore begins with a full audit of the coverage that may be involved.
Contact a Pedestrian Injury Attorney in North Augusta, SC Today
Walking across the road should not cost you your health, your income, or your independence. We prepare every case as though it will be tried, which is the reason insurers treat our settlement demands seriously, and we manage the investigation, the medical records, and the negotiations while you concentrate on recovery. Reach out to Malchow Johnson Injury Attorneys to arrange a confidential consultation with a North Augusta pedestrian accident lawyer and let us begin protecting your claim.
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