Liability in South Carolina accidents involving a pedestrian hit by a car may be borne by the driver, the pedestrian, or both. South Carolina law prescribes the responsibilities of both auto drivers and pedestrians. Both have obligations regarding right of way.  

Pedestrians and motor vehicle operators share certain responsibilities, including obeying all traffic signals and signs, avoiding the roadway when under the influence of alcohol or drugs, and yielding the right of way.  

Pedestrians have specific legal responsibilities, including: 

• Crossing roadways only in marked crosswalks or at intersections where a crosswalk would be; 
• Yielding the right of way to vehicles if crossing anywhere other than a crosswalk or intersection; 
• Using sidewalks where provided and keeping to the far left side of the roadway, facing oncoming traffic, when there is no sidewalk; 
• Yielding to emergency vehicles at all times; and, 
• Never walking along a freeway unless in performance of a job or duty. 

Drivers’ responsibilities include: 

• Taking extra care to avoid hitting pedestrians; 
• Yielding the right of way to pedestrians in crosswalks where there are no traffic controls; 
• Yielding to pedestrians when the vehicle crosses a sidewalk, such as to enter a driveway or parking area; 
• Yielding to pedestrians using canes or seeing-eye dogs regardless of where they are crossing the roadway; and, 
• Not passing a vehicle that is stopped to allow pedestrians to cross a roadway.  

There are other hazards that can contribute to causing pedestrian accidents. All roadway users must proceed with caution to avoid them. For example, rain, ice, and snow can cause slick roadways, including crosswalks and adjacent sidewalks. Construction, potholes, and other obstructions may force a pedestrian to leave a walkway. Pedestrians in a vehicle’s blind spot risk being struck by a driver passing or backing up. Unlighted intersections and pedestrians in dark clothing may hamper a driver’s ability to see them.   

South Carolina is a fault state, so the person at fault in a pedestrian accident may be financially liable for the damages suffered by those injured or killed. Who is at fault is often at issue, and insurance companies will fight findings of fault against their insureds to avoid paying claims.  

South Carolina is also a modified comparative fault state which means that more than one person may be assigned fault for an accident. This doesn’t mean that if you bear some fault for an accident you cannot sue the driver who struck you. So long as you are less than 51% at fault, you can file a personal injury claim or wrongful death claim against the driver. However, your recovery will be reduced by your assigned percentage of fault. So, if you are assigned 10% fault and are awarded $50,000 for your damages, you would receive $45,000.

Whether you are the victim of a pedestrian accident or the loved one of someone incapacitated or killed by a pedestrian accident, you should contact a personal injury attorney right away. Your attorney will protect you against insurance companies trying to avoid compensation, investigate the event, and handle negotiations and a lawsuit if negotiations are unsuccessful.  

If your loved one would have been able to pursue a personal injury claim but does not have the capacity to do so, the court can name a conservator to do so on their behalf. If your loved one was killed, the executor of their estate may pursue a wrongful death claim. If they died without a will naming an executor, the court will appoint someone to serve.