According to the latest statistics from the Governors Highway Safety Association, US fatalities from pedestrian accidents have reached the highest level in 40 years. And the story in South Carolina is even worse. After conducting a thorough analysis of US Census and National Highway Traffic Safety Administration data, Car Insurance Comparison ranked South Carolina as the fourth most dangerous state for pedestrians, with a pedestrian death rate that is 60 percent higher than the national average.
If you are one of the many unfortunate South Carolinians who have been involved in a pedestrian accident, and you are considering legal representation in the greater Greenville area, you likely have a number of important questions. Read on to get the answers to frequently asked questions in this area. Contact the attorneys at Whalen Montalvo Attorneys at Law directly by calling (864) 770-7710.
Of course, the very best thing that you can do to fight for your legal rights in the wake of a pedestrian accident is to secure the help of a high-quality attorney. In greater Greenville, South Carolina, you should take a close look at James Whalen and Eric Montalvo of the legal team at Whalen Montalvo Attorneys at Law.
Focused on client-forward solutions and results, Whalen Montalvo rests on two principles: advocacy and service. Our advocacy comes through many years of education, training, and professional experience, and our dedication to service is driven by our deep personal commitment to and responsibility for each of our clients.
After you have documented all the evidence you can, it is time to hold the driver who hit you responsible for his or her actions and get due compensation for the injuries, pain, and suffering you have endured.
But pressing criminal charges won’t offer you any personal recovery costs. To receive financial compensation for the damages you sustained, you will also need to file an insurance claim or a lawsuit in the civil court system.
It is wise to consult with an attorney before deciding on any specific path to compensation and recovery. Pedestrian accident cases are often quite complicated, and the insurance company of the driver who struck you is not likely to offer you an immediate settlement that faithfully covers your damages in their entirety.
Accident victims who choose to negotiate with an insurance company themselves often struggle because these companies have extensive experience with settling claims for less than their full value. Enlist the help of a lawyer, like James Whalen or Eric Montalvo of Whalen Montalvo Attorneys at Law, who has a wealth of experience with pedestrian accident cases and personal injury law. Armed with a thorough knowledge of your case details as well as all relevant state laws, the attorneys at Whalen Montalvo can more effectively negotiate with the insurance company on your behalf.
A quality attorney is also essential if you want to press civil charges against the driver in a court of law. Speak to a lawyer in order to determine if a lawsuit is a better course of action than simply accepting the settlement of an insurance company. As your dedicated advocate, a pedestrian accident lawyer in Greenville, SC, will work with you to achieve the best possible outcome for your case.
If you were adhering to pedestrian law when a negligent driver hit you, the driver should be held legally responsible for the cost of injuries in total. This means paying all of the medical bills that relate to your injury as well as potential recovery for:
Pain and suffering is a relatively broad recovery category that might include:
What Do I Do Immediately after a Pedestrian Accident?
Although you may have made some mistakes in the immediate aftermath of your accident, now is definitely the best time to educate yourself so that you can avoid making the same mistakes again. The first and most important step to take after an accident of any kind is to ensure that you are now in a safe place. If you are able to move yourself and help move any other injured party out of the way of oncoming traffic, you must immediately do so. If you are unable to move but are still conscious, solicit help from those nearby in any way that you can.
As soon as you are safe and have access to a phone, you should call 911 to report the accident. While collecting your information, an emergency dispatcher will send both a police unit and a medical unit to the scene. You may immediately assess your injuries as minor enough to leave the scene without medical attention, but you should remain in place until all first responders arrive. You need to make a full police report and get checked out by on-site paramedics. The police report will help establish legal fault for your accident and the medical examination might reveal your “minor” injuries to be quite serious.
After you file your police report, request a copy for your own records. You will also want to collect information and documentation from the driver of the vehicle that struck or otherwise injured you. Ask to take a picture of this individual’s insurance card with your cell phone and insist that they remain at the scene until the police arrive. If the driver refuses either of these requests, take multiple pictures of the driver, the vehicle that he or she drove, and the license plate of that vehicle.
What Steps Should I Take to Better Cover Myself Legally?
You have already begun to cover yourself legally by documenting your injuries and getting basic information about the driver and vehicle involved. Other immediate steps to take for legal purposes include assessing the scene for any traffic signals, street signs, or road markings that the driver may have missed or ignored. If you can reach out to one or more witnesses who saw the accident, you should ask them to stay on the scene if they can so they can deliver impartial statements to the police.
Securing the help of a witness is even more important if the driver flees the scene. Witnesses can be invaluable when it comes to getting a license plate number and other information that can aid in driver and vehicle identification.
While you are waiting for the police, use the time to document as much evidence as possible. Take pictures or otherwise record all that you can regarding:
As we have previously discussed, the best way to document evidence is by taking photos that are saved automatically to phone. This not only makes evidence-gathering extremely easy but keeps this evidence secure and easy to retrieve for the police, insurance claims, and your attorney.
Once you have taken all these steps, reach out to an experienced pedestrian accident lawyer who can help you fight for your legal rights.
James Whalen is an accomplished personal injury and pedestrian accident attorney with a wealth of experience as a prosecuting and criminal defense attorney as well as a civil litigator for both plaintiffs and defense. This well-rounded background allows him to fully understand all the intricacies of your case from every possible angle.
Eric Montalvo is a veteran of the United States Marine Corps, where he had a 20-year career as a leader and judge advocate. Part of his military experience included acceptance into the Marine Corps Law Program, which started his law career. Prosecuting those accused of driving under the influence is just one example of Eric’s experience. In addition, Eric now practices law in Greenville and helps those harmed by the negligence of others.
Get in touch with us at Whalen Montalvo Attorneys at Law today, either through our website or by calling (864) 770-7710.
Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Montalvo a call today at (864) 770-7710 or use our online form.