Who Is At Fault When a Car Hits a Pedestrian?

Drivers and pedestrians are both expected to act responsibly on the roads. When one, or both, parties fail to do so, serious accidents can occur. Under South Carolina law, drivers are legally required to exercise due care to avoid a collision with a pedestrian or bicyclist (SC Code Sec. 56-5-3230). Many times, drivers are held liable for accidents involving pedestrians due to this expected standard of safety while driving. However, this is not always the case, as pedestrians also have laws they are required to follow.

Proving fault is a critical part of all personal injury cases. An experienced car accident attorney will thoroughly investigate the accident, gathering and preserving critical evidence to prove who was liable for the accident based on the specifics of the case. To speak with an award-winning car accident attorney at Cavanaugh & Thickens, LLC, simply call our office at (803) 888-2200. We’re here and ready to help.

Driver Responsibilities Under South Carolina Law

In South Carolina, drivers are legally required to:

• Exercise due care to avoid a collision with a pedestrian or bicyclist (56-5-3230)
• Yield to pedestrians crossing sidewalks (56-5-3250)
• Yield to pedestrians crossing the roadway within a crosswalk when traffic-control signals are not in place or operation (56-5-3250)
• Refrain from passing or overtaking a vehicle stopped to allow a pedestrian to cross the road at a marked crosswalk. 56-5-3130)
• Follow the rules of the road regarding passing, yielding, stopping, speed limits, etc.

When a driver fails to do so, they can be held liable for a resulting accident. Thus, their insurance company will be responsible for compensating the victim(s).

When is a Pedestrian Liable for a Crash?

While drivers are expected to exercise a duty of care for pedestrians sharing the road, pedestrians are also required to follow the law. When a pedestrian violates a law, they may be held liable, or at least partially liable, for a resulting accident. Some common examples of pedestrian negligence in car-pedestrian accidents include:

• Crossing a road outside of a crosswalk or intersection
• Not using sidewalks when available
• Walking in the middle of the road
• Crossing intersections diagonally
• Being on prohibited roads, such as freeways

It’s important to remember that even in these situations, pedestrians are still unlikely to be found fully at fault. 

In South Carolina, you can recover compensation for your resulting damages and injuries as long as you are found no greater than 50% at fault for the accident. This is one of the many reasons why it’s critical to speak with an experienced attorney after a pedestrian accident.

Our team is here to protect your rights and help you understand your options after a car-pedestrian accident. Reach out to our team today to speak directly with a reputable lawyer for free.

How a Pedestrian Accident Lawyer Can Help

If you or a loved one was hurt in an accident, it is in your best interest to at least discuss the accident with a lawyer. We’ve seen far too often that insurance companies will try to reduce or deny your claim by getting you to admit fault, accept unfair settlement offers, or delay the process until you’ve run out of time.

If you hire a lawyer from Cavanaugh & Thickens, LLC to represent your personal injury claim, you can expect us to:

• Conduct a thorough investigation into the accident
• Figure out what happened and why
• Gather and preserve critical evidence
• Prove liability
• Value your case and damages
• Aggressively negotiate with insurance companies on your behalf
• Prepare your case for trial
• Litigate your case in court if a fair settlement cannot be reached
• Keep you updated every step of the way so you never feel alone or in the dark

Protect your rights – reach out to our team today at (803) 888-2200. We’re available via phone 24/7.

Shared Fault and Your Recoverable Compensation

South Carolina follows a modified negligence system. Meaning, as long as you are found to be no more than 50% at-fault for the accident, you can recover some amount of compensation for your resulting damages and injuries. The percentage that you are found to be at fault directly impacts the amount of compensation you can qualify for. 

For example, if you were found to be 40% at fault, you may recover up to 60% of the compensation awarded by a jury.

If you were found to be 51% at-fault, you will not be able to recover any compensation.

Our team has the resources and experience needed to investigate your accident and prove fault pursuant to state law. Reach out to our team today to see how we can help.

Deadlines for Filing a Pedestrian Accident Lawsuit

In South Carolina, you generally have three years from the date of the accident to file a lawsuit seeking compensation. However, there are some exceptions to this rule that can reduce that time to only two years. For example, if a government entity was involved. 

Learn more and protect your rights today. Contact our team at (803) 888-2200.

Recoverable Damages in a Pedestrian Versus Vehicle Crash

Unexpected accidents can quickly result in expensive medical bills, time missed from work, and costly property damage on top of physical pain. Our team fights to get clients the best outcome possible for their case and future by seeking fair compensation for all past, present, and future costs associated with the accident. This includes but is not limited to:

• Emergency room costs
• Ambulance costs
• Doctor and hospital bills
• Specialist bills, such as orthopedics and neurologist bills
• Physical therapy and rehabilitation costs
• Past and future lost wages
• Reduced earning capacity if you cannot return to the same job
• Property damage
• Disfigurement
• Permanent scarring
• Pain and suffering
• Emotional distress, and more.

If the accident resulted in loss of life, we are so sorry. In this case, you may also qualify for compensation for funeral expenses, wrongful death, loss of consortium, and more.

Speak to a Lawyer at Cavanaugh & Thickens, LLC Today at No Cost

With hundreds of 5-star reviews and millions of dollars in compensation earned for clients throughout the state, you can trust that our personal injury attorneys will have your back. 

For a free case evaluation directly with an award-winning attorney, call our office at (803) 888-2200, email info@ctlawsc.com, or complete our online form and a member of our team will be in touch with you shortly. 

With offices in Columbia and Charleston, our lawyers travel to and represent clients throughout the state of South Carolina.

Disclaimer: This article is presented for informational purposes only and is not legal advice.

Author: Joseph O. Thickens