Pedestrian accidents often cause serious, life-altering injuries. In South Carolina, these collisions frequently occur when drivers are distracted, impaired, speeding, or fail to follow traffic laws designed to protect people on foot. Even at low speeds, a vehicle striking a pedestrian can result in catastrophic harm or death.
If you or a loved one was injured while walking, your first priority should always be your health and safety. Once immediate medical needs are addressed, taking certain steps can help protect your legal rights. The personal injury attorneys at Willcox, Buyck & Williams, P.A. represent injured pedestrians across South Carolina and work to pursue full and fair compensation for the harm they have suffered.
Steps That Can Protect Your Rights After a Pedestrian Accident
A pedestrian accident is often sudden and traumatic, and it can be difficult to think clearly in the moments that follow. Your health comes first.
Call 911 right away and request emergency medical assistance and law enforcement. Even if you believe your injuries are minor, adrenaline can mask pain and symptoms of serious conditions such as internal injuries or head trauma. A paramedic can evaluate your condition and recommend appropriate medical care. Seeking prompt treatment also creates important medical records that may later support your claim.
If you are physically able, remain at the scene until police arrive so an official report can be completed. When speaking with law enforcement, answer questions honestly but avoid making statements that could be interpreted as accepting fault. Casual apologies or assumptions about what happened may later be used against you when determining liability or compensation under South Carolina’s comparative negligence rules.
Documenting the Accident Scene
If your condition allows, gathering information early can help preserve important evidence. You may be able to do this yourself or ask a bystander or companion to assist.
Helpful steps include:
- Collect driver information, including name, contact details, and license plate number
- Photograph the scene, such as the vehicle involved, the location of the collision, traffic signals or signs, skid marks, lighting conditions, and visible injuries
- Identify witnesses by writing down their names and contact information
- Preserve physical evidence, including the clothing and personal items you were wearing, without washing or repairing them
- Save damaged property, such as a broken phone, bag, or other items involved in the collision
- Keep a personal journal after medical treatment that tracks pain, symptoms, care received, and how your injuries affect daily activities
These records can help show how the accident occurred and document the full impact of your injuries over time.
How to Recover Compensation After a Pedestrian Accident
In South Carolina, injured pedestrians typically seek compensation through an insurance claim, a personal injury lawsuit, or both. Most claims begin with the at-fault driver’s auto insurance company. A lawsuit may be necessary if liability is disputed or the insurer fails to offer fair compensation.
An attorney can also investigate whether other parties share responsibility. In some cases, an employer or company may be liable for negligent hiring, supervision, or use of an unsafe driver.
Depending on the facts of the case, compensation may include:
- Medical expenses, including future treatment
- Lost wages and reduced earning capacity
- Ongoing care, such as rehabilitation or in-home assistance
- Pain, suffering, and other non-economic losses
South Carolina follows a modified comparative negligence rule. Compensation may be reduced if the pedestrian is partially at fault, and recovery is barred if fault reaches 51 percent.
Common Causes of Pedestrian Accidents
Many pedestrian accidents are preventable and often occur in urban areas, at intersections, or at night. Common causes include:
- Speeding
- Reckless or aggressive driving
- Driving under the influence of alcohol or drugs
- Failing to check blind spots
- Failing to yield at crosswalks, stop signs, or traffic signals
When drivers ignore traffic laws meant to protect pedestrians, serious injuries can result. Identifying the cause of the collision is often key to establishing liability.
Injuries Suffered in Pedestrian Accidents
Pedestrians are completely unprotected when struck by moving vehicles. As a result, even low-speed collisions can cause severe, life-altering injuries.
Some of the most common injuries suffered in South Carolina pedestrian accidents include:
- Traumatic Brain Injuries (TBIs)
- Spinal cord injuries
- Fractures and broken bones
- Internal injuries
- Soft tissue injuries
Right-of-Way Disputes and Pedestrian Accident Liability
Many pedestrian accidents result from disputes or confusion around who has the right-of-way. While pedestrians generally have greater protection under traffic laws, they must still exercise caution and obey traffic signals. Likewise, drivers are expected to remain alert for pedestrians at intersections, in crosswalks, near parking areas, and in residential areas where pedestrians are likely to be present.
Common right-of-way issues that contribute to pedestrian accidents include the following:
- Drivers failing to yield at marked crosswalks
- Pedestrians crossing outside designated areas
- Turning vehicles at intersections
- Confusion at flashing or shared-use signals
Determining who had the right-of-way in a pedestrian accident can be complicated. A pedestrian accident attorney can review evidence from traffic cameras, eyewitness accounts, and police reports to assess fault and support your injury claim.
Traffic Laws That Apply to Pedestrian Accidents in South Carolina
South Carolina law places responsibilities on both pedestrians and drivers to reduce the risk of serious injury. These rules explain when pedestrians have the right of way, when drivers must yield, and how people on foot are expected to use roadways safely.
Key pedestrian and driver rules include:
Obeying traffic signals
- Pedestrians must follow traffic lights, crosswalk signals, and posted signs. Entering a crosswalk against a “Don’t Walk” signal or red light is not permitted.
Right-of-way in crosswalks
- Drivers must yield to pedestrians who are lawfully crossing in marked or unmarked crosswalks when traffic signals are not present or not functioning.
Crossing outside a crosswalk
- When a pedestrian crosses the road at a location other than a crosswalk, they must yield to vehicles already on the roadway.
Use of sidewalks and road shoulders
- If a sidewalk is available, pedestrians are required to use it. When no sidewalk exists, pedestrians should walk on the shoulder or near the edge of the roadway, facing traffic when possible, and yield to vehicles.
Freeway restrictions
- Pedestrians are generally prohibited from walking on freeways or their shoulders, except in emergencies or when directed by law enforcement. Violations may result in fines or misdemeanor penalties.
Drivers’ duty of care
- Drivers are required to use due care to avoid hitting pedestrians. This includes slowing down, yielding when required, and taking reasonable steps to prevent collisions.
Sidewalk right of way
- Drivers exiting driveways or entering roadways must yield to pedestrians using sidewalks.
Emergency vehicles
- Pedestrians must yield the right of way to emergency vehicles using lights or sirens.
Walking while impaired
- A pedestrian may not walk on a roadway while intoxicated if doing so creates a hazard to themselves or others.
Bridges and railroad crossings
- Pedestrians may not enter or cross when warning signals, gates, or barriers indicate it is unsafe.
In a pedestrian accident claim, whether a driver or pedestrian violated one of these laws can affect fault and compensation under South Carolina’s modified comparative negligence system. Reviewing how the collision occurred and which rules applied is often central to determining liability.
Contact A Personal Injury Attorney in South Carolina
If you’ve been seriously injured in a pedestrian accident in South Carolina, the attorneys at Willcox, Buyck & Williams, P.A. are here to help. Don’t hesitate to contact us to schedule a complimentary, no-obligation case evaluation with a skilled personal injury attorney.