Curtis Dayson | February 19, 2025 | Personal Injury | Last Updated August 29, 2026
Pedestrian accidents are often devastating, leaving victims with serious injuries and long-lasting emotional and financial consequences. If you’ve been injured as a pedestrian in South Carolina, it’s essential to understand your legal rights and the steps you need to take to protect yourself. Our personal injury attorneys in Columbia, SC, are dedicated to helping pedestrians who have been injured due to others’ negligence. We understand the complexities of pedestrian accident claims and are here to guide you through every step of the process.
Understanding Pedestrian Accidents in South Carolina
Pedestrian accidents can occur for a variety of reasons. In South Carolina, with its busy cities like Charleston and Columbia, pedestrian accidents are an unfortunate reality. Whether crossing the street in a crosswalk, walking along the sidewalk, or even trying to navigate a parking lot, drivers can sometimes be inattentive, distracted, or negligent, leading to serious accidents. Common causes of pedestrian accidents include:
Distracted driving: Drivers texting, talking on the phone, or engaging in other distractions are often unaware of pedestrians.
Failure to yield: Drivers are legally obligated to yield to pedestrians in crosswalks, but this doesn’t always happen.
Speeding: Speeding in areas with heavy foot traffic, such as near schools or in urban centers like Charleston or Columbia, can create dangerous situations for pedestrians.
Impaired driving: Drivers under the influence of drugs or alcohol pose a significant risk to pedestrians.
Weather conditions: Rain, fog, or poor visibility can make it harder for drivers to see pedestrians and for pedestrians to assess their safety.
Legal Rights of Pedestrians in South Carolina
As a pedestrian, you have specific legal rights protecting you when an accident occurs. South Carolina law gives pedestrians the right of way in certain situations, particularly when crossing the street at designated crosswalks. However, if you are involved in an accident, your legal options will depend on the circumstances of the incident.
Right of Way: South Carolina’s pedestrian laws require drivers to yield to pedestrians at marked or unmarked crosswalks. If a driver fails to yield and strikes a pedestrian, the driver may be considered negligent, and you could be entitled to compensation for your injuries.
Comparative Negligence: South Carolina follows a comparative negligence rule when determining fault in an accident. This means that if you were partially at fault for the accident (for example, if you were jaywalking or not paying attention), your compensation may be reduced by the percentage of fault assigned to you. However, even if you share some fault, you may still be entitled to compensation.
Insurance Claims: After a pedestrian accident, you can pursue compensation through the at-fault driver’s insurance. If the driver is uninsured or underinsured, you may still be able to file a claim through your uninsured motorist coverage if you have it. In some cases, a lawsuit may be necessary to secure fair compensation.
What to Do After a Pedestrian Accident in South Carolina
If you or a loved one has been involved in a pedestrian accident in Charleston, Columbia, or anywhere else in South Carolina, there are several crucial steps you should take:
Seek Medical Attention Immediately: Even if your injuries seem minor, it’s essential to get checked out by a medical professional. Some injuries, such as internal bleeding or concussions, may not be immediately apparent.
Report the Accident: Call the police and file a report. This report can be crucial evidence in your case. Be sure to document everything you remember about the accident, including the location, the weather, and what you saw leading up to the incident.
Gather Evidence: If possible, collect evidence at the scene of the accident. This includes taking photos of the location, the vehicle involved, any visible injuries, and any damages. If there are witnesses, be sure to get their contact information.
Contact an Experienced Pedestrian Accident Attorney: It’s vital to speak with a personal injury lawyer who specializes in pedestrian accidents. The legal team at our firm can help guide you through the claims process, negotiate with insurance companies, and, if necessary, take your case to court.
How Our Firm Can Help You
If you’ve been injured in a pedestrian accident in South Carolina, our law firm is here to provide the support you need. We understand the challenges you face after an accident and are dedicated to helping you secure the compensation you deserve. Here’s how we can help:
Thorough Investigation: Our legal team will investigate the circumstances of the accident, including speaking with witnesses, reviewing traffic camera footage, and consulting experts to determine liability.
Dealing with Insurance Companies: Insurance companies often offer settlements that may not fully cover your medical bills, lost wages, and pain and suffering. We’ll fight to ensure you receive the compensation you deserve, not a lowball offer.
Expert Legal Guidance: From filing your claim to negotiating settlements or going to trial, we’ll be with you every step of the way. We aim to ensure you are fairly compensated for your injuries and losses.
Compassionate Support: At Dayson Shalabi Burkett Law Firm, LLC, we understand the physical, emotional, and financial toll a pedestrian accident can take. Our team is committed to providing compassionate and personalized legal representation to help you through this challenging time.
Call Us for a Free Consultation
If you’ve been injured as a pedestrian in South Carolina, don’t wait to seek legal help. The sooner you contact our law firm, the sooner we can begin working on your case. We offer free consultations, so you have nothing to lose by reaching out to us. Let a pedestrian accident attorney from our firm fight for your rights and ensure you receive the compensation you deserve.
Contact us today at [803-973-0304] or visit our website to schedule your free consultation.
FAQs
What happens to my compensation if I was partly to blame for a pedestrian accident in South Carolina?
South Carolina applies a modified comparative negligence rule, so you can still recover damages if your share of fault is less than 51 percent. Your settlement or award is reduced by your percentage of fault, meaning a pedestrian who was 20 percent at fault could still recover 80 percent of total damages. An attorney can help gather evidence to keep your assigned fault percentage as low as possible.
How long do I have to file a pedestrian accident claim in South Carolina?
You generally have three years from the date of the accident to file a personal injury lawsuit in South Carolina. However, insurance claims often need to move faster to preserve evidence. Waiting too long can make it harder to track down witnesses or obtain traffic camera footage, so it helps to speak with a lawyer soon after the crash.
Can I still recover compensation if the driver who hit me has no insurance?
Yes. If the at-fault driver is uninsured or left the scene, you may be able to file a claim under your own uninsured motorist coverage. If the driver has insurance but the limits are too low to cover your medical bills and lost wages, underinsured motorist coverage on your policy can help make up the difference.
Do pedestrians always have the right of way in South Carolina?
Not automatically. Drivers must yield to pedestrians in marked and unmarked crosswalks. Still, pedestrians are also required to use sidewalks when available and to yield to vehicles when crossing outside a designated crossing area. Whether you had the right of way in a specific accident depends on where and how the crossing happened.
What should I avoid saying to the insurance company after a pedestrian accident?
Avoid admitting fault, guessing at how the accident happened, or downplaying your injuries before speaking with an attorney. Insurance adjusters often use early statements to shift blame onto the pedestrian or minimize the value of the claim, so it is safer to let a legal team handle those conversations on your behalf.
Does a pedestrian accident case still have value if I wasn’t in a marked crosswalk?
It can. South Carolina’s comparative negligence rule still allows pedestrians hit outside a crosswalk to pursue compensation, as long as their share of fault remains under 51 percent. Factors like driver speed, distraction, or failure to keep a proper lookout can outweigh the pedestrian’s location at the time of the crash.
How does an attorney determine who is liable after a pedestrian accident?
An attorney builds liability by reviewing the police report, gathering witness statements, and pulling traffic camera or nearby surveillance footage when available. At DSB Law Firm, the team also examines the driver’s actions, such as speed and attentiveness, as well as where and how the pedestrian was crossing, to build a clear picture of fault before pursuing a claim or settlement.
Curtis Dayson represents people who have been seriously injured by the negligent acts of others or have been injured on the job. Born in Charleston, South Carolina, Curtis was raised by a pastor and an executive secretary who instilled the importance of ethical leadership and responsibility in him. After learning about the dirty games insurers play and the large number of cases many personal injury attorneys at large firms are working on at any given time, Curtis started his own practice to focus on fewer cases and to ensure his injured clients receive all they deserve.