Keibler Law Group


South Carolina Pedestrian Accident Attorney

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South Carolina Pedestrian Accident Attorney

Truthfully, American – especially South Carolina – has a vehicle problem.  Transportation is largely centered on car transportation and that is at the peril of pedestrians (walkers) and bicyclers.  Chase cares deeply about this matter.  He served as a member of the City of Columbia Bicycle and Pedestrian Committee (BPAC) just for that reason – to increase pedestrian safety in the Capital City.  Change takes time. According to the South Carolina Department of Public Safety, a pedestrian is killed in South Carolina every 2.2 days. 

Unfortunately, many pedestrians are hit by negligent vehicle drivers and often suffer serious injuries or even death.  The average size of a car is over 4000 pounds and people walking have very little – if any – protection.  In addition, they are much smaller than vehicles and can be more difficult to see. Chase cares deeply and passionately about pedestrian safety and fights for it both in and out of the Courtroom.

If you or a loved one was injured in a pedestrian accident, we can help get you the full money you deserve to pay for past and future medical bills. 

South Carolina Pedestrian Accident Attorney

South Carolina Pedestrian Accident Attorney

A pedestrian accident can cause serious injuries or even death and can leave you immobile for weeks. These serious injuries are always difficult; difficult to get bills paid, difficult to get your health back, difficult to adjust to daily life with the injuries.  We’re here to help. 

There are nearly 800 reported pedestrian accidents with vehicles every year in South Carolina. Of these crashes:

Around 18% result in fatalities

Around 98% result in injuries

It is important to work with an experienced lawyer quickly to get evidence to support your case.  We work to help gather evidence and prove the driver of the car, truck, or whoever caused your injury acted negligent.  We do the following:

  • Visit the scene of the accident
  • Take photos and videos
  • Look for nearby businesses and homes that may have cameras that recorded the accident. This is crucial to many cases and important to gather quickly.  Video often expires anywhere from 48 hours to 1 month after the accident.
  • Interview witnesses
  • Work with experts to determine the cause of the accident
  • Rely on technologies such as reconstruction and location tracking


What are common causes of Pedestrian Accidents in South Carolina?

  • Speeding
  • Reckless driving
  • Distracted driving
  • Tired driver/driver fatigue
  • Drunk driving / driving under the influence 
  • Failure to yield the right of way
  • Failure to stop at a traffic signal or stop sign
  • Turning left into the path of an oncoming bicyclist
  • Speeding or reckless driving
  • Swerving into a bicycle lane
  • Road defects

No matter how a negligent driver violates your right-of-way, you should explore your legal options.  Unfortunately, this is a growing risk.

5 things to do if you’re a pedestrian injured in an accident in South Carolina?

  • Get medical help
  • Call police
  • Gather evidence
  • Notify your insurance company (your auto insurance may cover pedestrian accidents caused by other cars). 
  • Meet with a South Carolina pedestrian accident attorney

Common injures from victims in a pedestrian accident

Pedestrian fatalities – like bicycle fatalities – have increased in South Carolina since 2017.  The increase in fatalities and injuries has steadily increased since at least 2014.  Because pedestrians do not have any protective clothing or gear and are largely exposed, accidents can cause serious injury of even death.  We represent clients who suffer injuries including:

How much is my Pedestrian Accident case worth in South Carolina?

Every case is different and, therefore, it depends.  However, if you hire an experienced and creative attorney like Keibler Law Group, they can rely on top resources, experts, and technologies to convince a jury, the court, and opposing counsel to pay more.

No one can determine how much any case is worth without first analyzing the facts. However, there are certain factors you can use to make an approximate estimation of your claim.

First, you must look at the “economic” damages or those you can quantify.  Then you can recover additional, “non-economic” damages for pain and suffering and other damages that are more difficult to quantify. Finally, depending on the particular circumstances, you may be able to recover punitive damages – or damages designed to punish the wrongdoer and deter future bad actors. 

The main factor that will affect the value of your claim is the damages, or losses you incurred. The more damages involved in the case, the more your claim is worth because you can be compensated for all of them. Some of the most common forms of damages include

  • Medical expenses
  • Lost income
  • Pain and suffering
  • Loss of earning capacity
  • Permanent disfigurement or disability

Next, you must analyze liability or fault. Who is at fault and how much “fault” will a jury attribute to them?  If the other party was 100% at fault, then you can recover 100% of your actual damages.  However, South Carolina is a modified comparative fault state – in other words, if a jury determines you are 10% at fault, any award a jury gives you will be reduced by 10%.  Keep in mind, your fault must be less than 51%.  Additionally, if the at-fault party showed gross negligence or blatant disregard for the safety of others, the courts may award you punitive damages. In this instance, your case will be worth more.

Once liability is established, you need to make sure the defendant has money to pay you.  In South Carolina, automobile insurance minimums are $25,000, and, unfortunately, that is what most drivers choose.  Therefore, if you’ve suffered a catastrophic injury from a car accident and the at-fault driver only carriers the state minimums and has no other assets, then the max compensation you can receive from that defendant is $25,000.  Creative lawyers, however, may be able to locate other responsible parties.

If your catastrophic injury is from a truck accident or product liability case, then the money available to recover is likely much larger.  An experience catastrophic injury attorney can help assess the facts in your case to get the most amount of compensation you deserve for your injuries. 

Pedestrian Accident settlements in South Carolina

Often times, when pedestrians are hit by cars or other vehicles, the cases are resolved in settlement agreements. This is when the insurance company and/or wrongdoer or “tortfeasor” agrees to cover your costs and damages including past medical bills, future medical bills, lost wages, lost anticipated income, and pain and suffering. In return, you agree to not file a lawsuit against the wrongdoer or to dismiss an ongoing lawsuit.  

You should not accept insurance company’s lowball offers.  Insurers or wrongdoers may try to get you to accept less than you deserve.  For bicycle accident injuries it can be particularly difficult to calculate future damages and, therefore, hiring a knowledgeable South Carolina pedestrian accident lawyer can help get the best results available to you. 

What is a Contingency Fee? 

How do I pay for the lawyer?

We work on a contingency fee basis meaning the victims we represent pay nothing at all unless we win.  Once you receive money from either a settlement or verdict, we receive a certain percentage of that settlement or verdict. If your lawsuit is unsuccessful, you will not owe us any attorney fees.  This allows the plaintiff to reap the rewards without risk of having to pay for a loss.