Pedestrian safety remains a serious concern in South Carolina. According to data from the South Carolina Department of Transportation, our state ranks in the bottom five for pedestrian fatality rate. Serious accidents happen far too often. South Carolina is a fault-based state for pedestrian collisions. A driver is not automatically liable. Fault must be proven with evidence, which is done best with the help of a Charleston pedestrian accident lawyer.
Know the Law in South Carolina: Pedestrian Accident Liability is Based on Fault
South Carolina is a fault-based state for motor vehicle collisions, including pedestrian crashes. Liability depends on whether the driver, the pedestrian, or both violated a legal duty under traffic and safety laws. Drivers must exercise due care to avoid striking pedestrians, particularly in crosswalks and residential areas. Pedestrians also have legal obligations. A pedestrian could be held partially (or even fully) legally responsible for his or her own accident in Charleston.
Examples of When a Pedestrian May Be At Fault for a Crash
Why would a pedestrian be deemed liable for all or part of a crash? The answer depends on the specific reasons why the accident happened. Here are some common examples of situations in which a pedestrian is at fault:
- Crossing Outside of a Marked or Unmarked Crosswalk: A pedestrian who crosses mid-block or against a traffic control device may violate South Carolina traffic laws.
- Ignoring Pedestrian Signals or Traffic Lights: Entering the roadway against a walk signal or red light undermines a pedestrian’s right of way.
- Sudden Entry Into the Roadway: Stepping into traffic without allowing drivers sufficient time to react can constitute fault. South Carolina law expects pedestrians to avoid abrupt movements that make collisions unavoidable.
- Walking While Distracted or Impaired: Finally, walking while impaired by alcohol or distracted by a phone can affect situational awareness.
South Carolina is a Modified Comparative Negligence State
Every percentage point of fault matters in pedestrian collisions. You can still recover compensation if you are partially at fault for your own pedestrian crash in Charleston, so long as your degree of fault stays below 51%. However, if you are partially at fault, your recovery will be reduced proportionately to your degree of fault. Held 30% at fault for a pedestrian crash in Charleston? Your settlement or verdict will be reduced by 30%.
Pedestrians Have the Right to Seek Full and Fair Compensation
Through a pedestrian injury claim in South Carolina, you have the right to seek compensation for the full value of your injuries, including any non-economic losses. It is imperative that pedestrians know how to protect their rights and their interests. Our Charleston pedestrian injury lawyers are prepared to help you fight for compensation for:
- Emergency room care;
- Hospital bills;
- Other medical expenses;
- Physical therapy;
- Loss of wages;
- Diminished earnings;
- Pain and suffering;
- Permanent impairment;
- Reduced quality of life; and
- Wrongful death.
Speak to Our Charleston, SC, Pedestrian Injury Attorney Today
At Query Sautter & Uricchio, LLC, our Charleston pedestrian accident lawyer is standing by, ready to protect your rights. If you have questions about fault for a pedestrian crash, please do not hesitate to contact us today for a free case review. With an office in Charleston, we handle pedestrian injury claims throughout the broader South Carolina region.