Walking the historic streets of Charleston, South Carolina should be a safe and enjoyable experience, but unfortunately, pedestrian accidents happen far too often. When a vehicle collides with a person on foot, the consequences can be severe, leading to complex legal, medical, and financial challenges.
Understanding your rights is critical, especially in a bustling city where tourism and foot traffic are high year-round. South Carolina law offers important protections for pedestrians, but navigating these laws can be confusing after an accident. Many victims don’t know where to turn or how to begin the claims process, especially if the driver fled the scene.
This blog post will break down the legal landscape for pedestrian accidents in Charleston, clarify common concerns, and explain how working with a Charleston pedestrian accident lawyer can help you secure the compensation you deserve.
Understanding South Carolina Pedestrian Laws: What Every Charleston Resident Should Know
South Carolina has specific laws designed to protect both pedestrians and drivers. Here’s what you need to know if you’ve been hit by a car in Charleston:
Rights and Responsibilities of Pedestrians
- Right of Way: South Carolina law gives pedestrians the right of way at crosswalks and intersections. Drivers are required to yield, especially when pedestrians are on the same half of the roadway.
- Obligations: Pedestrians must obey traffic signals and use marked crosswalks when available. Jaywalking or crossing outside of a crosswalk can impact the outcome of an injury claim.
Duties of Drivers Toward Pedestrians
- Exercise of Due Care: Drivers in Charleston are legally obligated to exercise due care to avoid colliding with pedestrians, especially near schools, parks, and downtown areas with heavy foot traffic.
- Stopping for Crosswalks: Motorists must stop for pedestrians in marked crosswalks, as per South Carolina Code § 56-5-3130.
- No Passing Stopped Vehicles at Crosswalks: It’s illegal for one vehicle to pass another that is stopped at a crosswalk, as the stopped car may be yielding to a pedestrian.
What if the Driver Leaves the Scene? Hit and Run Cases in Charleston
Sadly, hit and run incidents are not uncommon in Charleston. If a driver leaves the scene after hitting a pedestrian:
- Victims should report the incident to the police immediately.
- Uninsured Motorist Coverage: South Carolina law allows pedestrians injured in hit and run accidents to file a claim under their own uninsured motorist (UM) coverage, even if they weren’t driving at the time of the accident.
Learn more about pedestrian accident claims in South Carolina.
Common Questions Charleston Pedestrians Ask After an Accident
Do I Need a Lawyer If I Was Hit by a Car While Walking?
It’s understandable to feel overwhelmed after an accident. Many people are unsure whether hiring a pedestrian accident attorney is necessary or helpful. Here’s what you should know:
- Insurance Companies Are Not Always On Your Side: Adjusters often try to minimize payouts, especially if you were partially at fault.
- Proving Fault Can Be Complex: South Carolina follows a modified comparative negligence rule, meaning you can recover damages as long as you are less than 51% at fault—but your compensation may be reduced by your percentage of fault.
- Legal Guidance Simplifies the Process: A knowledgeable lawyer handles communication, paperwork, evidence collection, and negotiations, making the process much easier for you.
What Should I Do Immediately After a Pedestrian Accident in Charleston?
- Get medical attention right away, even if injuries seem minor.
- Call the police to file an official report.
- Collect evidence if possible: photos of the scene, witness information, and driver details.
- Do not give a recorded statement to the at-fault driver’s insurance company until you’ve spoken with a lawyer.
For more tips, visit our Pedestrian Accident Claims page.
Why Hire a Charleston Pedestrian Accident Lawyer?
Making the Process Easier for Victims
Working with the best personal injury lawyer in Charleston, SC is about more than just legal knowledge—it’s about peace of mind. Here’s how an experienced attorney helps:
- Handles the paperwork: Filing insurance claims and lawsuits can be daunting without legal training.
- Negotiates fair settlements: Attorneys know how to calculate the full value of your claim—including medical bills, lost wages, and pain and suffering.
- Investigates the accident: Gathering surveillance footage, interviewing witnesses, and reconstructing the crash are all part of the process.
- Protects your rights in hit and run cases: A seasoned hit and run attorney can help track down the driver or pursue alternative compensation sources.
Explore more about our legal services in Charleston.
Frequently Asked Questions (FAQs)
What compensation can I recover after a pedestrian accident in Charleston?
A Charleston pedestrian accident lawyer can help you pursue damages for medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages if the driver was reckless.
How long do I have to file a claim in South Carolina?
The statute of limitations for personal injury claims in South Carolina is generally three years from the date of the accident. Acting promptly is crucial to protect your rights.
What if I was partially at fault for the accident?
South Carolina’s modified comparative negligence rule allows you to recover damages if you were less than 51% at fault, though your compensation may be reduced by your share of fault.
Can I file a claim if the driver was uninsured or left the scene?
Yes. Pedestrians can often file under their own uninsured motorist (UM) coverage. Speak with a hit and run attorney to explore your options.
How do I choose the best personal injury lawyer in Charleston, SC?
Look for attorneys with strong reviews, local experience, and a proven track record handling pedestrian accident claims in Charleston.
For more information, check the South Carolina Department of Public Safety’s Pedestrian Safety resources.
Get Help from an Experienced Charleston Pedestrian Accident Lawyer
If you or a loved one has been hit by a car while walking in Charleston, you don’t have to navigate the aftermath alone. Understanding your legal rights and having the right representation can make all the difference in your recovery—physically, emotionally, and financially. Contact us today for a free, no-obligation consultation with a Charleston pedestrian accident lawyer, and let us help you move forward with confidence.
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