Walking in the Charleston area, particularly outside the historic district, can be dangerous. Roads in North Charleston like Rivers Avenue, Ashley Phosphate, and Dorchester Road are designed for vehicle speed, not foot traffic
When a vehicle strikes a pedestrian, the physical devastation is immediate, but the legal aftermath is often confusing. Iin South Carolina, insurance adjusters aggressively use “jaywalking” defenses to deny coverage.
At Bringardner Injury Law Firm, we understand that pedestrian cases are rarely cut-and-dry. They require a deep understanding of South Carolina’s specific traffic statutes to overcome bias against the victim.
Key Takeaways
- The “Jaywalking” Defense: Insurers often deny claims by arguing the pedestrian was not in a crosswalk.
- Comparative Negligence: You can still recover damages, provided you are less than 51% at fault.
- Right of Way: S.C. Code § 56-5-3130 dictates specifically when drivers must yield and when they don’t.
- High-Risk Zones: North Charleston and Summerville see some of the highest pedestrian accident rates due to wide, multi-lane highways.
The “Right of Way” Myth
A common misconception is that “pedestrians always have the right of way.” Under South Carolina law, this is not true.
S.C. Code § 56-5-3130 states:
- Drivers must yield to pedestrians within a crosswalk when the pedestrian is on their half of the road.
- However, pedestrians must yield to vehicles when crossing at any point other than a marked crosswalk.
This distinction is where insurance companies attack. If you were crossing Savannah Highway or College Park Road at night without a crosswalk, the adjuster will argue you are 100% liable for your own injuries.
Overcoming the “Jaywalking” Defense
Drivers still have a legal duty to exercise “due care” to avoid colliding with pedestrians (S.C. Code § 56-5-3230).
At Bringardner Injury Law Firm, we build our cases by proving the driver was negligent. We look for:
- Speeding: Was the driver going too fast to stop in time?
- Distraction: Was the driver looking at a phone? (We can subpoena cell phone records to prove this).
- Lighting: Did the driver have their headlights on?
The 51% Rule (Modified Comparative Negligence)
South Carolina follows a Modified Comparative Negligence rule. This means you can file a claim as long as you are not more than 50% at fault.
- Example: If a jury finds you were 30% at fault for jaywalking, but the driver was 70% at fault for speeding and texting, you can still recover 70% of your damages.
Immediate Steps After Being Struck
The chaotic moments after an impact are critical for preserving your claim.
- Do Not Admit Fault: Do not say “I shouldn’t have crossed here” or “I didn’t see you.” These statements will be recorded in the police report and used to push your liability over the 50% bar.
- Seek Immediate Medical Attention: Pedestrian impacts often cause traumatic brain injuries (TBIs) or internal bleeding that may not be immediately obvious due to adrenaline. A gap in medical treatment gives the insurance company leverage to argue your injuries weren’t caused by the crash.
- Identify Witnesses: In “he said, she said” disputes regarding traffic lights or crosswalk signals, an independent witness can be the difference between a denied claim and a successful recovery.
How Bringardner Injury Law Firm Investigates
We treat pedestrian accidents as complex litigation, not simple claims. Our approach involves:
- Electronic Data: We pull the vehicle’s “Black Box” (ECM) to see if the driver braked before impact or was speeding.
- Video Surveillance: We scour nearby businesses for security camera footage that captures the roadway.
- Scene Reconstruction: We measure sightlines to prove the driver should have seen you, regardless of where you were crossing.
If you or a family member has been injured while walking, do not let an insurance adjuster intimidate you into accepting a low offer or no offer at all. Contact our experienced South Carolina personal injury attorneys at Bringardner Injury Law Firm to discuss how we can help your case.
FAQ: Pedestrian Accidents in SC
Can I file a claim if it was a hit-and-run? Yes. If the driver flees the scene and cannot be identified, you can file a claim under your own Uninsured Motorist (UM) coverage. This covers your medical bills and pain and suffering just as if the other driver had stayed.
Who pays my medical bills while the case is pending? The at-fault driver’s insurance will not pay your bills as they come in; they only pay a lump sum at the end of the case. In the meantime, we can help you coordinate with your health insurance or Medical Payments (MedPay) coverage to keep your credit intact.
