According to data from the South Carolina Department of Public Safety (SCDPS), more than three pedestrians are killed in motor vehicle collisions on average each week in the state. Many more suffer serious injuries. Negligent drivers are at fault for the majority of serious pedestrian collisions in our state, though they are not automatically liable as a matter of law. Here, our Charleston pedestrian accident attorney provides a guide to fault in crashes in South Carolina.
Many Pedestrian Crashes are Caused By Negligent Drivers
Too many drivers fail to take the proper care around pedestrians. Indeed, negligent driving remains the leading cause of pedestrian injuries and deaths in South Carolina. The state defines negligence broadly as the failure to exercise due care. Some examples of driver negligence that can lead to pedestrian crashes include:
- Failure to yield;
- Speeding through crosswalks;
- Looking at phones instead of the road;
- Other types of distracted driving; and
- Missing pedestrians during turns.
Notably, even a moment of inattention can place a person on foot in grave danger. South Carolina law requires drivers to exercise care and to watch for pedestrians at all times. When a driver violates these duties and a crash occurs, fault usually follows.
Pedestrians May Also Be Partially (or Fully) at Fault for a Crash
Pedestrians also have a responsibility to watch out for their own safety. That should not be understated. South Carolina does not treat pedestrians as automatically blameless. A pedestrian can contribute to a collision if they cross outside a marked crosswalk, move into traffic suddenly, ignore signals, or walk in areas not meant for foot traffic. These situations do not eliminate a claim. They simply create questions about shared responsibility.
Why Fault Matters in a Pedestrian Accident in South Carolina
South Carolina is a fault-based motor vehicle accident state, including pedestrian crashes. South Carolina follows a modified comparative negligence standard. If a pedestrian is 50% or less at fault, they can still recover damages, although the recovery is reduced by their percentage of fault. If they exceed 50%, they cannot recover financial compensation from another party.
A thorough investigation of a pedestrian crash in Charleston is a must. Insurance companies often attempt to shift blame toward the pedestrian to reduce or avoid payment. They highlight clothing, lighting, location, and movement in the moments before the crash. A strong legal case pushes back with reconstruction evidence, photographs, cell phone records, and expert analysis. A top-rated Charleston, SC pedestrian accident lawyer can protect your rights and your interests.
Call Our Charleston, SC Pedestrian Accident Attorney Today
At Query Sautter & Uricchio, LLC, our Charleston pedestrian accident attorney is an aggressive advocate for justice. If you have any questions about fault for pedestrian crashes, we are here to help. Please do not hesitate to contact us today for a free consultation. From our Charleston law office, we represent injured pedestrians throughout the region in South Carolina.