South Carolina Pedestrian Accident Lawyer

Who Is Most at Risk for a Pedestrian Accident in South Carolina?

Any person walking on or near South Carolina roadways can be involved in a pedestrian accident. However, some groups face a heightened level of danger:

• Children — Still developing their road awareness and judgment, children are at serious risk whenever they walk near traffic, whether accompanied or not.
• The Elderly — Hearing and vision deficits, combined with slower reaction times, make older adults especially vulnerable to pedestrian accidents they may not see or hear coming.
• Persons with Physical Disabilities — Mobility limitations can prevent a person from reacting quickly enough to avoid an oncoming vehicle. While many South Carolina cities are making intersections and crosswalks more ADA-compliant, dangerous gaps remain.
• Intoxicated Pedestrians — Walking is always preferable to driving after drinking, but intoxication still impairs a pedestrian’s ability to react to approaching vehicles, especially at night.
• Commuters and Students — In cities like Columbia, the large student population near the University of South Carolina and heavy commuter foot traffic near downtown Charleston and Greenville’s West End create year-round pedestrian risk zones.

Leading Causes of Pedestrian Accidents in South Carolina

South Carolina’s pedestrian death rate of 3.0 per 100,000 population in early 2025 ranked among the five highest in the nation. Pedestrians can be injured in various kinds of accidents in South Carolina, and the negligent parties in these accidents can be liable for the damages they cause. In some cases, pedestrians may be able to hold businesses or other parties accountable for injuries suffered because of falling objects or unsafe walkways.

Many pedestrian accidents involve cars. Some of the most common causes of these crashes include but are not limited to:

• Driving Under the Influence of Alcohol or Drugs — South Carolina prohibits people from operating vehicles while under the influence of alcohol or a controlled substance. Impaired drivers who cause accidents usually face criminal charges, but it is important to keep in mind that a driver who is acquitted or avoids a conviction for a drunk or drugged driving crime can still be held civilly liable because the injury action is a separate case. Alcohol-related crashes involving pedestrians accounted for approximately 43% of all pedestrian deaths in South Carolina in 2022, making this the single largest contributing factor.
• Distracted Driving — Many drivers cause pedestrian accidents because they were talking or texting on cell phones. However, distractions are not always phone-related. Other possible distractions could include eating, smoking, adjusting the stereo, or even talking to passengers.
• Speeding or Reckless Driving — South Carolina state law provides that a person commits the offense of reckless driving if they drive any vehicle with a willful disregard for the safety of others. Even moderate-speed collisions can be fatal to a pedestrian who has no physical protection.
• Driver Fatigue — While most people associate drowsy driving with being an issue for commercial truck drivers, the truth is that any driver is subject to feeling the effects of a lack of sleep or exhaustion. A fatigued driver can be just as dangerous as an impaired one.
• Other Traffic Violations — Many different types of common traffic infractions can also be evidence of a driver’s negligence, such as an improper turn or a failure to yield.
• Poor Roadway Conditions and Defective Infrastructure — In some cases, the fault does not rest solely with the driver. Malfunctioning traffic signals, unmarked crossings, missing sidewalks, and poorly lit roads can also contribute. When a government agency or private contractor is responsible for maintaining dangerous road conditions, they can be held liable alongside or instead of the driver.

Though injured pedestrians often know that they are the victims of an accident, they should not be surprised when a liable party or insurance company for that party argues otherwise. Many pedestrians are accused of being partially or even entirely at fault for their injuries, which is why victims will want to retain legal counsel. That is why you need our experienced lawyers to advocate for your rights if you’ve been wrongfully injured as a pedestrian.

At Stewart Law Offices, our legal team includes Sam Bass, a South Carolina Bar licensed attorney with more than 16 years of experience representing injury victims and fighting back against insurance companies that attempt to unfairly shift blame onto pedestrians.

Pedestrian Accident Injuries

Typically, people who are traveling by foot are defenseless against most kinds of harm they could encounter. Any accident involving a motor vehicle and a pedestrian usually results in the pedestrian being severely injured.

Victims in these cases could suffer any one or multiple kinds of injuries that may involve varying levels of severity. Some of the most common types of injuries stemming from these accidents include, but are not limited to:

Many pedestrian accident injuries end up being fatal. When a person is killed in a pedestrian crash, their family can file a wrongful death lawsuit against the negligent party.

Hit-and-Run Pedestrian Accidents in South Carolina

Hit-and-run accidents involving pedestrians are among the most traumatic and legally complex cases in South Carolina. In South Carolina, almost 1 in 4 pedestrians killed in traffic crashes in 2021 (23%) were victims of hit-and-run drivers. Under South Carolina law, a driver involved in any accident resulting in injury or death must immediately stop at the scene, provide identifying information, and render reasonable assistance, S.C. Code § 56-5-1210.

Leaving the scene of an accident involving injury or death is a serious criminal offense. Penalties range from misdemeanor charges (with possible jail time and fines) to felony charges if the accident causes great bodily injury or death.

Motorists’ Responsibilities to Pedestrians

South Carolina Code § 56-5-3110 establishes that pedestrians must obey the instructions of traffic-control devices, but South Carolina Code § 56-5-3130 establishes that pedestrians have the right of way at crosswalks when traffic-control devices are not in place.

Drivers not only must give pedestrians the right-of-way at controlled intersections, but they also need to respect crosswalks. Vehicles should stop behind crosswalks, never in them. When a driver is entering or exiting a parking lot or garage, they also need to yield the right-of-way to any pedestrians using sidewalks. A driver must also refrain from passing another vehicle that has stopped at a crosswalk to allow pedestrians to cross, a rule frequently violated on busy commercial roads throughout the state.

Pedestrian Rights and Responsibilities

South Carolina pedestrians have rights, but they also have responsibilities – and so do motorists. Motorists have a responsibility towards pedestrians, something many careless drivers need to remember. South Carolina has unique traffic laws protecting pedestrians and outlining the rights and responsibilities of both drivers and pedestrians when using local roadways.

Right of Way Laws in South Carolina

South Carolina has many of the same laws on the books regarding pedestrian rights and responsibilities. These regulations are essential to help prevent pedestrian accidents in South Carolina. Motorists must exercise caution to avoid collisions with pedestrians, while pedestrians must follow all traffic control devices and signs.

Pedestrians have the right of way in crosswalks when following the crosswalk directions but must yield to traffic before crossing the street when there is no crosswalk. Pedestrians are also encouraged to avoid freeways and must use sidewalks when one is present. Under South Carolina law (S.C. Code § 56-5-3150), it is also illegal for a pedestrian to walk along a roadway when an adjacent sidewalk is available.

South Carolina’s Statute of Limitations

Under South Carolina Code § 15-3-530, injured pedestrians have three years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the three-year clock typically begins on the date of the victim’s death.

There are important exceptions to be aware of:

• If the at-fault party was a government entity, such as a city bus, an SCDOT vehicle, or a public works employee, you may have only two years and must meet special notice requirements under the South Carolina Tort Claims Act.
• Minors generally have until their 19th birthday to file, regardless of when the accident occurred.
• The clock starts from the date of injury for personal injury claims, but from the date of death for wrongful death actions, which can be a different date entirely.

Every day that passes after a pedestrian accident is a day that dashcam footage gets overwritten, witnesses’ memories fade, and physical evidence disappears. Contact a South Carolina personal injury lawyer at Stewart Law Offices as early as possible.

Evidence That Strengthens Your Pedestrian Accident Claim

Building a successful pedestrian accident case depends entirely on evidence. The types of proof our attorneys pursue include:

• The official police accident report
• Security camera footage from nearby businesses 
• Dashcam footage from other drivers on the road
• Photographs of the crash scene, the striking vehicle, skid marks, road conditions, and traffic signals
• Eyewitness statements and contact information gathered at the scene
• Medical records documenting the nature and extent of your injuries
• Expert witness testimony from accident reconstruction specialists or medical professionals

Our attorneys know how to move fast. A formal legal preservation request can prevent security footage from being erased. The sooner we are involved, the better your evidence will be.

Compensation For a Pedestrian Accident Case

Pedestrian accidents are commonly resolved through settlements that should cover all expenses a victim has incurred or will incur. If an insurance company does not make a satisfactory offer, the victim could file a lawsuit to take their case to court.

After taking a case to trial, a victim who proves their case by a preponderance of the evidence (the greater weight of the evidence required in a civil lawsuit for the jury or judge without a jury to decide in favor of one side or the other) can be awarded compensatory damages.

Compensatory damages could include economic damages and noneconomic damages:

• Economic damages are expenses that can be calculated, such as medical bills, lost wages, long-term rehabilitation expenses,  and property damage.
• Noneconomic damages are for more subjective types of harm, such as pain and suffering, emotional distress, and loss of consortium.

While they are not awarded often, punitive (or exemplary) damages can be awarded in some cases. Punitive damages only come into play when a defendant has engaged in willful, reckless, or wanton conduct. Drunk driving is one of the most common crimes that satisfies this definition. Punitive damages cannot exceed three times the amount of compensatory damages or $500,000, whichever is more.

Wrongful Death Claims After a Fatal Pedestrian Accident

When a pedestrian accident takes a life, surviving family members have the right to pursue a wrongful death action under South Carolina law. Eligible claimants typically include the spouse, children, or parents of the deceased.

Damages recoverable in a South Carolina wrongful death case can include:

• Medical expenses the deceased incurred before death
• Funeral and burial costs
• The deceased’s projected lifetime earnings
• Loss of companionship and consortium for surviving family members
• Punitive damages if the driver’s conduct was willful, reckless, or wanton

A companion “survival action” may also be filed by the estate of the deceased, covering damages the victim would have been entitled to had they survived. Both actions must be filed within three years, with the wrongful death clock beginning on the date of death. Families in communities across South Carolina, from Columbia and Greenville to Myrtle Beach, Florence, and Orangeburg, should contact our office as early as possible to protect these rights.

Steps to Take Immediately After a Pedestrian Accident

When you are involved in a pedestrian crash, your first step should always be to seek medical attention — even if you don’t believe that you were hurt. If you wait days or weeks to go to a hospital when you feel symptoms, an insurance company will claim that the delay in treatment proves your injuries were not serious or were not caused by the collision.

If possible, try to take as many pictures as you can of your crash scene, getting photographs of the vehicle that was involved and any other contributing factors. If you cannot do this because of your need for medical care, try to ask a friend, family member, or co-worker to do this for you.

Another important step to take (if you are physically able) is to get the names and phone numbers of any accident witnesses. The most important thing you should do is avoid speaking to any insurance company about your accident until you have legal representation. Even if you were not at fault for your accident, insurance agents use sneaky tactics to trick accident victims into making statements that damage their claims.

This is especially important because South Carolina uses the doctrine of modified comparative negligence. If you are found to be less than 50% at fault for your accident, you can still recover compensation; however, your compensation will be reduced by the percentage you are found to be at fault. For example, if you are awarded $100,000 but are determined to be 10% at fault for your accident, your award will be reduced by 10%, and you will receive $90,000.

Contact our South Carolina Pedestrian Accident Attorneys

Did you sustain catastrophic injuries, or was your loved one killed in a pedestrian accident in South Carolina? You should not have to struggle because of another party’s negligence. Stewart Law Offices will fight to help you get justice.

For over 30 years, our legal team has been handling these types of injury claims. You can have our South Carolina Pedestrian Accident Lawyer review your case and discuss all of your legal options when you call 866-783-9278 or contact us online to receive a free consultation.