https://www.steinberglawfirm.com/practice-areas/auto-accidents/pedestrian-accident/
As a city known for its beautiful scenery and many historical sites, Charleston is a hot destination for tourists across the country. And given Charleston’s manageable size, walking is a great way to get around the city and see everything it has to offer. Unfortunately, walking in downtown Charleston is more dangerous than most people realize.
Pedestrian accidents are a major problem in South Carolina generally, as well as in Charleston. According to the most recent report from the South Carolina Department of Transportation, almost 200 people were injured in South Carolina pedestrian accidents in 2019. Another report by Car Insurance Comparisons puts South Carolina as the 4th deadliest state for pedestrians.
What Makes Charleston So Dangerous for Pedestrians
South Carolina isn’t known for its traffic or aggressive drivers, which begs the question, why are there so many pedestrian accidents in Charleston. There are a few contributing factors:
1. Charleston Has Many Popular Tourist Attractions
Charleston is located in a beautiful—and historic—part of the country. Thus, locals and tourists alike are drawn to the city. Whether residents are taking a causal drive down Ashley River Road or tourists come to visit the French Quarter, the popularity of Charleston’s many attractions means more unfamiliar drivers on the road as well as a high concentration of pedestrians.
2. Distracted Driving
Distracted
driving is always a concern, regardless of the city. However, given the
many potential distractions in Charleston, distracted driving pedestrian
accidents are especially common. For example, both locals and tourists are
constantly surrounded by things that may divert their attention from the road,
such as bars and restaurants, bike taxis, tourist busses, horse-drawn carriages
and the many historic attractions peppered throughout the city.
3. Walkability
Unlike many other large cities in the area, Charleston is very walkable. In fact, Charleston recently ranked at the top of the list for the “most walkable cities” in the United States. With a greater concentration of pedestrians comes an increased chance of a pedestrian accident.
4. Infrastructure
Charleston was founded in 1670, making it the oldest city in South Carolina. In an effort to preserve the city’s unique character, local government officials allowed many roads in the downtown Charleston area to remain cobblestoned. Add to this the fact that the city’s traffic lights are old and outdated and the confusing layout of the roads, and the result is that driving in Charleston can be a bit of a challenge. As drivers focus on navigating these challenges, they are more likely to miss a crossing pedestrian.
The Most Dangerous Roads in Charleston
Based on the number and severity of pedestrian accidents,
the most dangerous roads in Charleston for pedestrians are:
·
Calhoun
·
King
·
Meeting
· St. Philip
Proving Liability in a Pedestrian Accident
To successfully bring a Charleston
pedestrian accident lawsuit, an accident victim must prove that the driver
who struck them was legally negligent. In South Carolina, the required elements
of negligence are:
1.)
The driver owed the pedestrian a duty of care;
2.)
The driver breached the duty owed to the
pedestrian;
3.)
The driver’s actions were the cause of the
pedestrian’s injuries; and
4.) The pedestrian suffered damages due to the driver’s acts or omissions.
Who Can Be Held Liable in a Pedestrian Accident?
In most pedestrian accidents, liability rests with the driver who hit the pedestrian. However, there are other potentially liable parties. For example, the local government may be responsible for a pedestrian accident if the accident was caused by the government’s negligent failure to safely maintain the road or crosswalk. Additionally, if a driver is working at the time of the accident, their employer may be financially liable for a pedestrian’s injuries.
Recovering After a Pedestrian Accident Requires Preparation
While Charleston pedestrian accident victims have ways to recover compensation following an accident, it isn’t always an easy road to recovery. For example, at-fault parties regularly attempt to shift the blame for an accident onto the pedestrian. In fact, recent studies confirm that pedestrians bear some responsibility in 65 percent of pedestrian accidents. However, being partially at fault in a pedestrian accident doesn’t mean you cannot recover for your injuries. Under South Carolina’s comparative negligence framework, accident victims can recover for their injuries as long as they are not more responsible than the other parties. However, the court will reduce an accident victim’s damages by their own percentage of fault.
If you or a loved one was recently injured in a Charleston pedestrian accident, you can pursue a personal injury claim against the driver who hit you. However, liability in these cases is not always clear-cut, and your decision of which lawyer you allow to represent you is one of the most important decisions you will make in your case. Since 1927, the compassionate lawyers at the Steinberg Law Firm have represented accident victims and their families, helping them recover compensation for everything they’ve been through. From the moment Steinberg Law Firm begins working with you on your case, you will see why we’ve earned a reputation throughout the state as being effective advocates on behalf of the injured.
Steinberg Law Firm
103 Grandview Dr.
Summerville, SC 29483
843-720-2800