What Pedestrians Should Know About Insurance Coverage in South Carolina
Over the past decade, pedestrian accident fatalities have surged by 53 percent. This statistic highlights the growing importance of understanding your insurance options. This article outlines key information you should be aware of to secure compensation following a pedestrian accident.
Police Reports and Their Impact on Your Case
In many instances, pedestrians are initially pinpointed as at fault when a vehicle collision occurs. This usually happens because the pedestrian is often taken to the hospital and unable to provide their account, leaving the driver to present their side first.
Do not be overly concerned if the police report assigns fault to you. Such reports are not admissible in civil court proceedings. South Carolina law allows for compensation even if you bear partial responsibility for the accident.
Police officers may not always accurately determine accident liability due to incomplete information. Legal representation can demonstrate that the driver was at fault, contrary to initial reports.
Understanding Your Insurance Coverage Options
After a pedestrian accident, there are multiple avenues to pursue compensation. The most common is filing a claim with the driver's auto insurance, details of which can be found on the FR-10 accident report.
If the driver is liable, their insurance may cover a range of costs, including medical bills, lost wages, ongoing medical care, and pain and suffering. Wrongful death claims may be applicable in fatal cases.
In situations where the driver lacks insurance or has minimal coverage, your car insurance could be beneficial. Check for uninsured and underinsured motorist coverage in your policy, which can provide payment when the other driver cannot.
Handling Medical Expenses and Health Insurance
Use your health insurance to address immediate medical bills following the accident. This is a preferable path compared to allowing healthcare providers to place liens on your future settlement. Some providers may attempt to have you sign lien agreements rather than process bills through your health insurance.
Politely insist on using your health insurance, informing providers, “Thank you for the option, but that’s what health insurance is for.” Health insurers will seek reimbursement later through subrogation, but legal assistance can often reduce repayment obligations.
Common Injuries and the Challenge of Medical Costs
Pedestrians can sustain severe injuries in accidents with vehicles. Common injuries include traumatic brain injuries, spinal cord damage, fractures, internal injuries, and severe lacerations.
These injuries often lead to significant medical expenses and potential income loss during recovery. Some injuries may result in long-term disabilities affecting the ability to work as before.
In approximately 16 percent of fatal pedestrian accidents, the driver had a blood alcohol content of 0.08 or higher. Such cases can lead to increased settlements due to the driver's risky behavior.
Dealing with Insurance Companies
Insurance adjusters are motivated to deny claims or propose low settlements. They are well-versed in making claimants feel undeserving of ample compensation. Reject initial offers if they seem insufficient.
Insurance companies may attribute fault to pedestrians, even when the driver is clearly at fault, often citing pedestrian inattention. Remember, you may still be entitled to compensation even with partial fault.
A quick settlement offer post-accident might be tempting, but avoid accepting it prematurely, as the full scope of injuries and required treatments may not yet be clear.
Pursuing All Potential Insurance Claims
The driver involved may not be the sole accountable party. Poor road design or maintenance may make entities like the South Carolina Department of Transportation or construction firms liable.
Drunk driving incidents further broaden possibilities. South Carolina's Dram Shop laws enable lawsuits against establishments that served alcohol to an intoxicated driver who then caused an accident.
Lawyers can investigate to identify all applicable insurance policies, including potential commercial coverage if the driver was performing work duties during the incident. Maximizing insurance sources ensures more compensation avenues.
The Importance of Evidence in Pedestrian Accident Cases
To succeed in your claim, it is crucial to show that the driver could have prevented the collision by stopping or steering clear. South Carolina law obligates drivers to avoid pedestrians when possible.
Modern tools aid in establishing fault. Legal representatives can access video from local businesses or traffic cameras and request the driver’s phone records to ascertain distractions, such as texting.
Expert witnesses can reconstruct the accident to articulate specifics such as the car’s speed, driver attention, and the influence of road conditions.
Facing Insurance Companies with Support
Pedestrian accident cases can be intricate with substantial financial implications. Insurance companies employ legal teams to minimize payouts. Securing a knowledgeable representative is crucial.
Accidents of this nature often have lasting repercussions. Long-term or life-long medical care may be necessary, impacting one’s independence and day-to-day living.
Avoid errors that jeopardize your financial well-being. Insurers bank on claimants’ unfamiliarity with their rights, hoping immediate financial need prompts acceptance of low offers.
Seek Assistance
If a pedestrian accident in South Carolina has affected you, it's vital not to let insurance companies add to your distress by under-compensating you.
Protect your rights and seek the support necessary for medical care and family well-being during your recovery.
Contact Hart Law at (803) 771-7701 to discuss your pedestrian accident case. We provide free consultations to help you understand your available options. Swift legal guidance is essential for safeguarding your future.
