Getting hit by a car, truck, or motorcycle as a pedestrian can be life-changing. Severe injuries, mounting medical bills, and lost wages can turn your world upside down. Worse, insurance companies are not on your side. They employ highly trained adjusters whose sole job is to minimize or deny your claim.
If you were struck by a vehicle in South Carolina, even if you were partially at fault, you may still have a valid claim. The key is proving the driver’s negligence played a role in the accident. Understanding your rights is critical, and this article breaks down South Carolina’s pedestrian accident laws and what you need to know to protect your claim.
When determining liability in a pedestrian accident, courts and insurance companies consider several key factors:
Sidewalk Availability: Was a sidewalk present and accessible? If so, was the pedestrian using it.
Pedestrian Behavior: Was the pedestrian obeying traffic laws, crossing at a crosswalk, or walking where legally permitted?
Driver’s Negligence: Was the driver speeding, distracted, impaired, or failing to yield the right of way?
Time of Day & Visibility: Was the accident at night? Were there poor lighting conditions or weather factors that impacted visibility?
Traffic Conditions: Was the area heavily congested? Did the driver have a reasonable opportunity to avoid the pedestrian?
Pedestrian Responsibilities Under South Carolina Law
South Carolina law outlines specific rules for pedestrians:
Use Sidewalks When Available: If a sidewalk exists, pedestrians must use it. Walking in the roadway is not permitted.
Use the Shoulder If No Sidewalk Is Present: If there’s no sidewalk, pedestrians must walk on the shoulder, as far from traffic as possible.
Stay to the Left on Roads Without Shoulders: If neither a sidewalk nor a shoulder is available, pedestrians should walk as close as possible to the road’s edge and must face oncoming traffic on two-way roads.
Yielding to Vehicles: Pedestrians generally must yield to vehicles on the road, but drivers still have a legal duty to watch for and avoid hitting pedestrians.
Even if a pedestrian makes a mistake, South Carolina law does not automatically excuse a driver from liability. Courts have ruled that drivers must exercise caution to avoid collisions with pedestrians, even if the pedestrian was in the wrong.
[T]he first duty of a motorist is to keep a sharp lookout ahead to discover the presence of those who might be in danger, and if he performs that duty and discovers that someone is in danger, then a second duty arises to use every possible available means to avert injury[.]. Greene v. Miller, 114 F. Supp. 150 (W.D.S.C. 1953).
Driver Responsibilities Under South Carolina Law
Under South Carolina law, drivers cannot simply claim they had the right of way. They must take all necessary steps to avoid hitting pedestrians. This means:
Keeping a constant lookout for pedestrians, especially in high-foot-traffic areas.
Slowing down or stopping when necessary to prevent an accident.
Swerving or taking evasive action if possible to avoid a collision.
South Carolina Comparative Negligence Law
South Carolina follows a modified comparative negligence rule. This means:
A pedestrian can recover compensation as long as they are not more than 50% at fault for the accident.
If the pedestrian is partially at fault, their damages are reduced by their percentage of fault.
If the pedestrian is more than 50% at fault, they cannot recover compensation.
Example Scenarios:
✔ A pedestrian is walking on the shoulder of the road, obeying all traffic laws, when a speeding driver drifts onto the shoulder and strikes them. In this case, the driver was 100% at fault because the pedestrian was where they were legally allowed to be, and the driver’s negligence caused the accident. The pedestrian would be entitled to full compensation for their injuries.
✔ A pedestrian crosses outside a crosswalk and is hit by a driver who was texting. Both may share fault. If the pedestrian is found 30% responsible, their compensation will be reduced by 30%.
✖ A pedestrian runs into the road suddenly without looking, and a driver who was obeying all traffic laws hits them. The pedestrian may be found mostly at fault and unable to recover any damages.
Pedestrian accident cases are rarely as simple as they seem. Insurance companies will do everything possible to blame the pedestrian and minimize their payout. That’s why you need an experienced personal injury attorney to fight for you.
In some pedestrian accident cases, compensation may come from sources beyond just the at-fault driver’s insurance.
If the road or sidewalk was poorly maintained, such as having large potholes, uneven pavement, or obstructed visibility due to overgrown vegetation, a claim may be possible against the city, county, or state responsible for road maintenance.
If the driver was intoxicated, the bar or restaurant that over-served them may be liable under South Carolina’s dram shop laws.
In cases where a defective product, such as faulty brakes or a malfunctioning traffic signal, contributed to the accident, claims against the manufacturer or responsible municipality may also be an option.
An experienced personal injury attorney can investigate all possible avenues of recovery to maximize compensation for the injured pedestrian.
South Carolina’s Pedestrian Safety Crisis
South Carolina ranks as the third most dangerous state for pedestrians, with 878 pedestrian fatalities reported between 2018 and 2022, according to Smart Growth America’s Dangerous by Design report. The state’s pedestrian fatality rate is 64.6% higher than the national average and 101% above the national median, making it one of the deadliest places for pedestrians in the country. Charleston-North Charleston ranks as the ninth most dangerous metro area for pedestrians, with Columbia also listed among the nations 15 deadliest cities.
Dangerous Intersections in Charleston
Intersections are among the most common locations for car accidents, and the Charleston area is home to several high-risk areas. Analysis by the S.C. Department of Public Safety, Live 5 News, and The Post and Courier highlights the most dangerous interactions in the region. The top three are:
Ashley Phosphate Road and I-26: With 629 crashes from 2011 to 2015, this intersection is the most dangerous in Berkely, Charleston, and Dorchester counties.
I-26 Exit 203 at College Park Road:Over 380 accidents occurred here during the same period.
Carnes Crossroads (U.S. 17-A and U.S. 176): This intersection experienced 117 collisions.
Other hazardous intersections include:
Rivers Avenue at Otranto Road
Sam Rittenberg Boulevard at S.C. 61
U.S. 17 at Houston Northcutt Boulevard
I-26 at U.S. 78
I-526 at North Rhett
Rivers Avenue at Greenridge Road
I-26 at Cosgrove Avenue
Why Are Accidents Common in Intersections?
Most Charleston intersection accidents result from driver error. Common causes include:
Failing to look thoroughly before turning.
Misjudging the speed or intentions of other drivers.
Running red lights or stop signs.
Distractions, such as using a cellphone.
The Need for Action
The alarming number of pedestrian deaths across the state highlights the urgent need for improved road safety and accountability. Recent incidents include:
These tragic deaths emphasize the urgent need for better pedestrian infrastructure, stricter enforcement of traffic laws, and accountability for reckless drivers. Ongoing campaigns aim to make Charleston and other high-risk areas safer for pedestrians. Proposed plans include reducing speed limits, narrowing traffic lanes, widening and evening out sidewalks, adding raised crosswalks, and adding connections to public transportation stations. By prioritizing these improvements and holding negligent drivers accountable, South Carolina can create safer streets and prevent more senseless tragedies.
South Carolina’s roads, while rich in history, also present significant safety challenges. For those injured in a crash, the aftermath can be daunting. You don’t have to go through it alone. If you or a loved one has been involved in a pedestrian accident, having a skilled attorney by your side is essential to seeking justice and holding negligent drivers accountable.
At Palmetto State Injury Lawyers, we know how to challenge the insurance companies and prove negligence — even in cases where the pedestrian may have been partially at fault. If you or a loved one was injured in a pedestrian accident, contact us today for a FREE CONSULTATION. Let us fight for the compensation you deserve!
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