Were you hit by a vehicle while crossing the road in Charleston or elsewhere in South Carolina? You may have questions about your rights and your options. It is important to know that you can bring a claim against the driver even if you were outside of a marked crosswalk. You will need to prove fault in order to recover compensation for your injuries. A Charleston pedestrian accident attorney can help you sue a driver who hit you while you were crossing outside of a crosswalk.
South Carolina is a Fault-Based Pedestrian Collision State
As a starting point, it is important to clarify that South Carolina is a fault-based pedestrian accident state. The party (driver or otherwise) who is at fault for a pedestrian crash can be held liable for the resulting damages. To be clear, drivers are not automatically liable. However, if a driver caused a crash through his or her negligence, he or she can and should be held accountable.
You Can Sue a Driver Even if You Were Not in a Crosswalk
South Carolina law does not bar pedestrians from recovering compensation simply because they were crossing outside of a marked crosswalk. There is no statute that grants drivers automatic immunity in these cases. Instead, liability depends on whether the driver acted negligently, such as speeding, failing to properly watch for pedestrians, driving distracted, or failing to yield when a pedestrian was already in the roadway. A pedestrian has the right to file a personal injury claim and present evidence that the driver failed to exercise reasonable care.
Note: In South Carolina, drivers owe a general duty of care to pedestrians and everyone else who is on or near the road. They must operate their vehicle safely and avoid striking pedestrians when possible. Even if a pedestrian was crossing mid-block, a driver who could have avoided the collision with proper attention may still be liable.
Comparative Negligence May Be a Big Factor in Non-Crosswalk Pedestrian Crashes
South Carolina follows a modified comparative negligence rule under S.C. Code Ann. § 15-38-15. A pedestrian can recover compensation as long as they were not more than 50% at fault for the accident. Their compensation, however, is reduced by their percentage of fault. For example, if a pedestrian is found 20% at fault for a crash in Charleston because he or she crossed outside a crosswalk, and the driver is 80% at fault for texting while driving, the pedestrian can still recover 80% of their damages.
Speak to Our Charleston Pedestrian Crash Lawyer Today
At Query Sautter & Uricchio, LLC, our Charleston pedestrian accident attorney provides personalized legal advocacy to victims and families. We handle all types of claims, including non-crosswalk cases. If you have any questions about your rights or your options, please do not hesitate to contact us today for a free, no-obligation initial consultation. With an office in Charleston, we represent injured pedestrians throughout South Carolina.