Hit by a Vehicle? Your Injuries Can Change Everything.
Sharpe & Leventis, LLC represents pedestrians injured throughout Columbia and surrounding South Carolina communities.
We investigate how the collision happened, determine who may be responsible, deal with insurance companies, document the full impact of the injuries, and help clients understand what comes next.
What Should You Do After a Pedestrian Accident?
The aftermath of a pedestrian crash can be overwhelming. When possible, a few steps can help protect both your health and the evidence surrounding what happened.
Get Medical Attention
Your health comes first. Pedestrian accidents can cause serious injuries that are not always obvious immediately after the collision.
Report the Accident
Contact law enforcement and make sure the incident is documented.
Preserve Evidence
If you or someone with you is able, collect:
- Photos and video of the scene
- Vehicle information
- Driver contact and insurance information
- Witness names and phone numbers
- Photos of your injuries
- Clothing or personal property damaged in the crash
- Medical records and bills
- Documentation of missed work
Note the Location Carefully
Crosswalks, traffic signals, sidewalks, lighting, lane markings, and nearby businesses or cameras may become important evidence.
Be Careful With Insurance Statements
An insurer may ask for a recorded statement before you know the full extent of your injuries. Avoid guessing about speed, distance, fault, or your medical condition.
Get Legal Advice Early
Video can be overwritten, and witnesses can become harder to locate. An early investigation can help preserve evidence before it disappears.
When Do Drivers Have to Yield to Pedestrians in South Carolina?
South Carolina law gives pedestrians important right-of-way protections.
- When traffic signals are not operating, drivers generally must yield to a pedestrian crossing within a crosswalk when the pedestrian is on the driver's half of the roadway or is approaching closely enough from the opposite half to be in danger. Drivers may need to slow or stop to allow the pedestrian to cross safely.
- Drivers must also yield to pedestrians lawfully using an adjacent crosswalk when turning at certain traffic signals, and pedestrians facing a walk signal have the right-of-way.
- South Carolina law additionally requires drivers to exercise due care to avoid colliding with pedestrians, with particular precaution around children and certain vulnerable pedestrians.
What If You Were Not in a Crosswalk?
Being outside a marked crosswalk does not automatically mean a driver can never be responsible.
South Carolina law generally requires a pedestrian crossing outside a marked or unmarked crosswalk at an intersection to yield the right-of-way to vehicles. It also places rules on where pedestrians may cross between signal-controlled intersections.
But drivers still have a duty to use due care to avoid hitting pedestrians. That means the facts matter. A claim may turn on issues such as:
- Where the pedestrian entered the roadway
- How far away the vehicle was
- The driver's speed
- Visibility and lighting
- Whether the driver was distracted
- Whether the driver had time to react
- Traffic signals and signage
- Witness accounts
- Available video
If an insurance company says you were automatically at fault because you were outside a crosswalk, that conclusion should be tested against the actual evidence.
What If the Driver Says You Stepped Out in Front of Them?
South Carolina law also requires pedestrians not to suddenly leave a curb or place of safety and enter the path of a vehicle that is so close as to create an immediate hazard.
That issue often becomes heavily disputed after a serious pedestrian crash. An investigation may examine:
- Vehicle speed
- Skid marks
- Crash location
- Surveillance or traffic-camera video
- Witness statements
- Vehicle damage
- Phone records where appropriate
- Lighting and visibility
- The driver's reaction before impact
Where Should Pedestrians Walk When There Is No Sidewalk?
South Carolina law provides specific guidance.
- Where a usable sidewalk exists, pedestrians generally should use it rather than walk along the adjacent roadway.
- If there is no sidewalk, pedestrians should use the shoulder as far from traffic as practicable.
- Where neither a sidewalk nor shoulder is available, pedestrians generally should walk near the outside edge of the roadway and, on a two-way road, on the left side.
These rules can become relevant when liability is disputed, but they do not eliminate the driver's separate duty to exercise care.
Common Causes of Pedestrian Accidents
Many pedestrian collisions are preventable. Common causes include:
Failure to Yield
Drivers may fail to stop or slow for pedestrians lawfully using a crosswalk.
Distracted Driving
A driver looking at a phone, navigation system, or another distraction may fail to see someone crossing.
Speeding
Higher speeds reduce reaction time and can make pedestrian injuries far more severe.
Unsafe Turns
Drivers turning left or right may focus on other vehicles and overlook pedestrians entering a crosswalk.
Impaired Driving
Alcohol and drugs can reduce awareness, judgment, and reaction time.
Backing Accidents
Pedestrians may be struck in parking lots, driveways, or other areas when drivers fail to look carefully before reversing.
Poor Visibility
Nighttime conditions, weather, glare, and inadequate lighting can contribute to crashes—but drivers are still expected to operate with reasonable care for the conditions.
Who Can Be Responsible for a Pedestrian Accident?
The driver who struck the pedestrian is often the primary focus, but some cases involve additional parties.
The Driver
A motorist may be liable for failing to yield, speeding, distracted driving, impairment, unsafe turning, or other negligent conduct.
A Driver's Employer
If someone was driving for work when the collision occurred, the employer or another business may become relevant depending on the circumstances.
Another Motorist
Multi-vehicle events may involve more than one driver whose actions contributed to the collision.
Other Responsible Parties
In some cases, additional questions may involve vehicle defects, property conditions, or governmental entities.
What Compensation May Be Available After a Pedestrian Accident?
There is no standard settlement amount. Depending on the circumstances, compensation may include:
Medical Expenses
Emergency treatment, hospitalization, surgery, therapy, medication, and other necessary care.
Future Medical Care
Severe injuries may require long-term treatment, rehabilitation, assistive equipment, or additional procedures.
Lost Wages
Time away from work because of the injury may become part of the claim.
Loss of Earning Capacity
Permanent injuries can sometimes reduce a person's ability to work or earn the same income.
Pain and Suffering
The physical and non-economic effects of serious injuries may also be considered.
Permanent Disability or Disfigurement
Long-term impairment, scarring, and changes to daily life can be significant parts of a pedestrian injury claim.
Other Related Losses
Additional damages may be available depending on how the accident affected the individual.
How Sharpe & Leventis Handles a Pedestrian Accident Claim
01
We Investigate What Happened
We examine available reports, photographs, video, witnesses, traffic signals, scene conditions, and other evidence.
02
We Evaluate Right-of-Way and Fault
Pedestrian cases often involve competing claims about who had the right-of-way. We analyze those issues against South Carolina law and the evidence.
03
We Document the Injuries
We review medical treatment, missed work, future needs, and how the injuries have affected everyday life.
04
We Identify Available Insurance
We investigate the driver and other potentially responsible parties to determine what insurance coverage may apply.
05
We Deal With the Insurance Companies
We manage communications surrounding the injury claim and respond when liability or damages are disputed.
06
We Prepare for Litigation When Necessary
If an appropriate resolution cannot be reached, we evaluate the case for litigation based on the evidence.
How Long Do You Have to File a Pedestrian Accident Claim in South Carolina?
Many South Carolina actions for personal injury must be filed within three years. Different deadlines may apply in certain situations, including some claims involving governmental entities.
Even when the statutory deadline appears far away, evidence may not last that long. Surveillance video can be erased, witnesses can become difficult to find, and details of the scene may change.
Frequently Asked Questions
Do pedestrians always have the right-of-way in South Carolina?
No. Pedestrian and driver responsibilities depend on where the person is crossing, traffic signals, crosswalks, and the surrounding circumstances. Drivers must yield in certain crosswalk situations and have a general duty to exercise due care, while pedestrians also have duties under South Carolina law.
Can I have a case if I was not in a crosswalk?
Possibly. Pedestrians generally must yield when crossing outside a crosswalk, but that does not automatically resolve every liability question. Driver conduct, visibility, speed, timing, and other facts may still matter.
What if the driver says they did not see me?
A driver saying they did not see a pedestrian does not by itself decide fault. South Carolina law requires drivers to exercise due care to avoid pedestrian collisions, and the evidence should be examined to determine what the driver reasonably could have seen and done.
What if I was hit while walking through a parking lot?
You may still have a claim. Parking-lot cases often involve questions about driver attention, backing, speed, pedestrian visibility, and who had control of the relevant area.
What if the driver left the scene?
A hit-and-run can create additional insurance and investigative issues. Report the accident promptly, preserve any available witness or video evidence, and have applicable insurance coverage reviewed.
Contact Our Columbia Law Firm for a Free Consultation Today.
If you were struck by a vehicle while walking, tell Sharpe & Leventis, LLC what happened. We can review the circumstances, answer your questions, and help you understand what options may be available.