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What Happens if a Pedestrian Causes A Car Accident?

November 15, 2018

We never really think about it, but people get in car accidents every day. Most car accident involves two or more vehicles. And normally, the accident is caused by one of the drivers. In these cases, you file a claim against the driver’s insurance company. The claim is either paid or your car accident attorney files a lawsuit against the other driver.  But, what do you do if the accident was caused by a pedestrian?

It’s rare but it happens. You’re driving down a road and a person dashes out into the middle of the street causing you to swerve. In doing so, you end up hitting another car or a telephone pole. You will probably suffer damage to your car and injuries to your body. The problem is – who do you file a claim against? And, can the pedestrian still come after you for their injuries?

This is a unique challenge faced by Lugoff car accident lawyers. There are a few special laws that deal with this type of situation. If a pedestrian causes your accident, chances are, they won’t be able to recover money from you. However, the question still remains – how are you reimbursed for your damages?

Your South Carolina Car Accident Attorney Will Try to Get You the Compensation You Deserve

In most car accidents, you can recover compensation for your injuries from the other driver’s insurance.This isn’t an option when the pedestrian is a reason for the accident. If you get injured in a car accident caused by a pedestrian, your car accident attorney will have to recover damages directly from the pedestrian. The damages you may have right to include:

  • Damage to your car
  • Medical bills
  • Lost wages

If you are hurt in this type of accident, you won’t have an insurance company to file a claim against. You’ll have to file a personal injury lawsuit against the pedestrian himself. You can file a claim for damages. You may even win your case and get a judgment against the defendant. The problem will be in collecting the judgment.  Very few people will have the money to pay your claim. Unless the pedestrian is a wealthy person, you will face challenges collecting on your judgment.

Your car accident attorney will have very few ways to enforce your judgment in South Carolina. The rules regarding judgment collection in South Carolina are:

  • You CAN get a judgment against their property. However, the first $50,000 of equity is protected. So, unless the pedestrian has more than $50,000 in equity, the odds of collecting against their property are slim. If they decide to sell the house, you will be able to demand that your judgment be paid out of the sale proceeds.
  • You CAN’T garnish their wages. South Carolina is one of the few states that don’t allow wage garnishment. There are only a few limited exceptions to this rule.
  • You CAN settle your lawsuit. Your attorney can attempt to settle with the pedestrian. This can be done via a payment plan or a lump sum reduced settlement.
  • You CAN do a bank levy. There are ways to levy a person’s bank account, but again, there are several limitations.

Given the rules in South Carolina, you can see your best bet is to negotiate a settlement with the pedestrian.

Your Car Wreck Lawyer in Lugoff, South Carolina Will Challenge a Pedestrian’s Claim for Damages

Remember, in most accidents, the pedestrian is not at fault. This means that, usually, a pedestrian can file a claim against a negligent driver. If the pedestrian is at fault, however, your lawyer will fight any claim for damages. The pedestrian may argue that they weren’t at fault. Your car wreck lawyer will have to prove that the pedestrian was at fault. Some common situations where this is the case are:

  • Pedestrian was jaywalking or walking outside the crosswalk.
  • Pedestrian was crossing against a traffic signal
  • They were walking on the road or highway while intoxicated
  • The pedestrian was walking on a part of the road that prohibits pedestrian traffic
  • They dashed out in front of your car

Contact a Lugoff Car Accident Lawyer Today

If you’ve been injured in an accident caused by a pedestrian, contact a Lugoff car accident lawyer today. You can schedule your free initial consultation. Discuss your case with an experienced car accident attorney. They can answer any questions you may have. They can also give you an idea of how strong your case is. You pay nothing until you win your case!