When a vehicle hits a human body, the physical damage is severe. Walkers do not have seatbelts or airbags to absorb the force of a crash. If you or someone you love was hurt, you need to know your rights under state law.
If you are looking for help after a crash, a South Carolina pedestrian accident lawyer can explain your choices. We know how local courts handle these cases and can build a strong claim for you.
SC Pedestrian Laws: Who Has the Right of Way?
South Carolina traffic laws are written to keep both drivers and walkers safe. Under South Carolina Code Section 56-5-3130, drivers must stop for pedestrians who are across a crosswalk. This rule applies when the walker is on the half of the road where the car is traveling. It also applies if the walker is getting very close to that side of the road.
Walkers also have responsibilities under state law. Section 56-5-3150 states that if a person crosses a road outside of a marked crosswalk, they must yield to all vehicles on the road. This means you cannot just step off a curb into traffic and expect cars to stop instantly. Walkers must use sidewalks when they are available under Section 56-5-3160. If there is no sidewalk, walkers must walk on the left side of the road facing traffic.
Drivers always have a duty to avoid hitting a person. Section 56-5-3230 requires every driver to exercise due care to avoid colliding with any pedestrian. This means a driver cannot just hit a person because the person was not in a crosswalk. Drivers must blow their horn when necessary and use extra care when they see children or confused people on the side of the road.
Injuries Pedestrians May Experience
Head and brain injuries are the most common. A person might hit their head on the car hood or on hard asphalt pavement, potentially causing a concussion or a traumatic brain injury. Other serious injuries include:
- Broken bones
- Spinal cord damage that can cause paralysis
- Internal bleeding and damage to organs
- Deep cuts and scrapes
For these injuries, you have to pay for physical therapy, follow-up doctors, and medications. If you cannot go back to work, you lose the income your family relies on to pay everyday bills.
Proving Driver Negligence in a Pedestrian Case
To get money after a crash, you must show that the driver was negligent – that they failed to act safely and caused your injuries. A South Carolina pedestrian accident lawyer uses several pieces of evidence to build your case.
1. Police Reports
When law enforcement arrives at the scene, they write a police report. They interview witnesses, examine tire marks, and sometimes issue tickets to the driver. If the police officer states the driver broke a traffic law, it helps your claim.
2. Physical Evidence
Photos of the car damage, the road conditions, and your injuries show exactly how the crash happened. Video footage from nearby store security cameras or doorbell cameras can show the exact moment of the impact.
3. Medical Records
Clear records from the emergency room show that the car caused your current medical problems.
What if the Pedestrian Was Partially at Fault?
Insurance companies often try to blame the walker to avoid paying the claim. They might say you were texting while walking or crossing the street in a dark area without looking. South Carolina uses a rule called modified comparative negligence to handle these situations.
This rule means you can still get compensation even if you were partly to blame for the crash. Your percentage of fault cannot be higher than the driver’s fault. You can collect money as long as you were 50 percent or less at fault.
If you are found partly responsible, the total amount of money you get will be reduced. For example, if your total damages are $100,000 and a jury decides you were 20 percent at fault for jaywalking, you will receive $80,000. If you are found to be 51 percent at fault, you get nothing.
Hit and Run Pedestrian Accidents: Your Options in SC
South Carolina law requires all drivers to stop at the scene of an accident that causes injury or death. If the police can find the runaway driver, you can file a claim against that driver’s liability insurance. The driver will also face serious criminal charges for leaving the scene of the crash.
If the police cannot locate the driver, you still have options to pay for your medical treatment. You can use your own uninsured motorist coverage. In South Carolina, auto insurance policies must include uninsured motorist protection. This coverage pays for your injuries if you are hit by a driver who has no insurance or a driver who flees the scene and cannot be identified.
Types of Compensation Available to Pedestrian Victims
The money you receive after a crash is meant to put you back in the financial position you were in before the injury. These funds are split into economic damages and non-economic damages.
Economic Damages
Economic damages cover the direct financial losses that you can prove with receipts, bills, and pay stubs. These include:
- All medical treatments, hospital stays, and surgeries
- Future medical care, like physical rehabilitation or home health aides
- Lost income from the time you missed at work
- Lost earning capacity if you can never return to your old job
Non-economic Damages
Non-economic damages pay for the physical and emotional toll of the crash. These losses do not have a specific price tag. They include your physical pain and suffering, emotional distress, and the loss of enjoyment of life if you can no longer do your favorite hobbies.
How Quickly Should You Contact an Attorney?
You should speak with a legal professional as soon as possible after a crash. Under South Carolina Code Section 15-3-530, you generally have three years from the date of the accident to file a lawsuit for personal injury.
Three years sounds like a long time, but waiting can hurt your case. Evidence disappears quickly. Tire marks fade from the road, businesses overwrite their security camera video, and witnesses forget important details.
Dealing with insurance adjusters is also difficult when you are trying to heal. An attorney can handle all talks with the insurance company so you can focus on getting better.
Contact Our South Carolina Pedestrian Car Accident Attorney
The team at Savage, Royall & Sheheen, LLP understands the physical pain and financial pressure that follow a serious crash. Contact our office at 803-432-4391 to schedule a free consultation to talk about your case.