Spartanburg Pedestrian Accident Lawyer
Summer and winter are the prime times for pedestrian accidents. Twelve months a year, the Spartanburg pedestrian accident lawyer at The Stanley Law Group stands up for these victims.
During the summer, children are out and about at odd hours of the day and night. Children have underdeveloped brains. Since they do not understand the risk of a crash, they usually do not go to a corner, stop, and look both ways before they cross the street. Even if the victim was jaywalking, compensation may be available. More on that below.
Children are also out and about during the late fall and early winter. In fact, Halloween night is always, by far, the deadliest day for child pedestrians. During the winter holidays, children of all ages walk from party to party or from store to store. Adults know to go to a corner, stop, and look both ways. But adults do not always behave appropriately. Once again, regardless of their behavior, compensation is usually available.
How a Spartanburg Pedestrian Accident Lawyer Establishes Liability
If a pedestrian victim was in the crosswalk, even if the light wasn’t green at the moment of impact, the negligence per se rule usually applies.
According to this doctrine, tortfeasors (negligent drivers) are liable for damages as a matter of law if they violate a safety law, such as failure to yield the right-of-way to a pedestrian, and that infraction substantially causes injury.
A substantial cause is different from a unique cause. Many causes, such as weak cockpit doors, contributed to 9/11. Al Qaeda terrorists substantially caused it.
The negligence per se rule is only available if emergency responders issued a citation to the tortfeasor. Many departments do so, to clearly establish fault for the accident. Other law enforcement departments have the opposite policy. They hardly ever issue traffic citations if they consider the matter to be a civil dispute.
Whether the accident happened inside or outside a crosswalk, the ordinary negligence doctrine is usually available. This doctrine has four basic elements:
- Duty: Most drivers have a duty of reasonable care. They must be physically and otherwise fit to drive. Furthermore, they must drive defensively and avoid accidents if possible.
- Breach: Drivers breach their duty of care when they drive aggressively (e.g. speeding or turning illegally) or while impaired (e.g. under the influence of alcohol or drugs).
- Cause: As mentioned above, the breach must substantially cause the damages. Lawyers refer to this element as “but-for” causation (i.e. the wreck would not have happened but for the tortfeasor’s negligence).
- Damage: Usually, the victim must sustain a physical injury in order to receive compensation. Some exceptions, like negligent infliction of emotional distress, apply in some cases.
Damages in a pedestrian accident case usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
The Sudden Emergency Defense
This doctrine could excuse liability in both ordinary negligence and negligence per se cases. This legal jeopardy applies f the tortfeasor:
- Reasonably reacted to
- A sudden emergency.
When motorists strike pedestrians, they normally react reasonably. They pull over, render aid if possible, call 9-1-1, and remain at the scene until officially released.
However, a jaywalking pedestrian is usually not a “sudden emergency.” This category is reserved for completely unanticipated events, like hood fly-ups and tire blow-outs. A jaywalking pedestrian is an everyday hazard which, according to the duty of care, motorists must anticipate and avoid.
Connect With a Diligent Spartanburg County Lawyer
Injury victims are entitled to significant compensation. For a free consultation with an experienced pedestrian accident lawyer in Spartanburg, contact The Stanley Law Group. The sooner you reach out to us, the sooner we start working for you.
