Moncks Corner Pedestrian Accident Lawyer
In most cases, pedestrian injuries are not “accidents.” People accidentally leave the lights on. They do not accidentally speed or drive under the influence of alcohol, ignore pedestrians in the roadway, and hit them. Pedestrians have just as much right to be on the road as motorists, as long as, like these motorists, they are mindful of the safety of other people. When drivers ignore the rights of pedestrians, a Moncks Corner pedestrian accident lawyer holds these drivers responsible for their misconduct in court.
This responsibility is based on a very simple “you break it, you buy it” principle. If Evan unintentionally runs over his neighbor’s mailbox, he should pay compensation, which usually means he should replace the mailbox. If Evan unintentionally runs over his neighbor, he should likewise pay compensation. Compensation is higher in the latter instance because a person is worth much more than a mailbox. Compensation in a pedestrian accident claim usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
How a Moncks Corner Pedestrian Accident Lawyer Sees the Colors
Whether the light was red, yellow, or green, pedestrian accident victims are usually entitled to compensation. The color of the light simply makes a claim more or less complex.
If the pedestrian was in the crosswalk with the light, the pedestrian clearly had the right of way. The same principle applies to victims in virtual crosswalks. If a victim activates flashing yellow lights, motorists approaching in either direction must stop and yield the right-of-way to anyone in the crosswalk.
A yellow light is in a gray area (pardon the pun). Pedestrians in crosswalks have the right-of-way, but the right-of-way is more limited.
These pedestrian accident claims are quite common. Most streets have wide lanes and short red lights, so traffic can move as quickly as possible. Therefore, if a victim has any mobility impairments, it’s almost impossible to cross the street before the light turns red.
If a pre-existing condition contributed to the risk and/or severity of injury, maximum compensation is still available. Insurance companies cannot use a victim’s vulnerabilities as an excuse to reduce or deny compensation. If anything, such victims merit special protection under the law.
Some compensation is usually available even if the pedestrian was jaywalking. Drivers have a duty of care at all times, no matter what other people on the road do or do not do. This duty of care includes a responsibility to avoid accidents if at all possible. So, if a tortfeasor sees a pedestrian illegally in the roadway, the tortfeasor has the burden to take evasive measures and avoid a collision.
Resolving a Pedestrian Accident Claim
If a court verdict resolves a case, the defendant could keep that verdict tied up in appeals courts for years to come. However, if an out-of-court settlement resolves a case,, the defendant immediately writes a check. This finality might be the biggest reason an out-of-court settlement is almost always in a victim’s best interests.
Informal settlement talks often begin early in the process. However, for various reasons, these negotiations often stall or break down.
If that happens, the judge usually appoints a professional mediator. After s/he listens to arguments from both sides, the mediator helps the two sides compromise and reach an agreement. During mediation, both sides have a duty to negotiate in good faith. “I’ll see you in court” is not a good-faith offer.
Mostly because of the duty to negotiate in good faith, which does not apply during informal negotiations, mediation is about 90 percent successful in civil cases.
Reach Out to a Hard-Working Berkeley County Lawyer
Injury victims are entitled to significant compensation. For a free consultation with an experienced Moncks Corner pedestrian accident lawyer, contact The Stanley Law Group. The sooner you reach out to us, the sooner we start working for you.
