What do I need to prove to win a pedestrian accident case?

The standard of proof in a pedestrian accident case in South Carolina is “preponderance of the evidence.” In other words, you will need to prove that it is “more likely than not” that the other party was at fault. To prove that the other party was negligent, you must establish the following four elements: duty, breach, causation, and damages. Duty refers to the other party’s responsibility to drive a car in a safe and responsible manner. Breach refers to the other party’s failure to uphold their duty, such as disobeying traffic laws or failing to look out for pedestrians. Causation refers to the fact that the other party’s breach of duty caused your injuries. Finally, damages refer to the physical or emotional harm you have suffered as a result of the accident. In addition, you must also be able to demonstrate that you were not negligent in any way. In South Carolina, pedestrians share some responsibility for their own safety and must take reasonable steps to avoid an accident. If you were found to be negligent, your compensation may be reduced or even denied. It is important to gather as much evidence as possible to prove your case, such as photos of the accident scene, medical records, and witness testimonies. An experienced attorney can help guide you through the legal process and fight for the compensation you deserve.

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