Trusted Pedestrian Accident Lawyer in Charleston

Liability in Pedestrian Accident Cases

A driver is typically liable for injuries to a pedestrian if the driver’s negligence caused or substantially contributed to the accident. Often, that means disobeying traffic safety laws, as in the examples above. The driver might also be found negligent–and therefore liable–if faulty vehicle maintenance caused or contributed to the accident.

In some cases, third parties may also be liable. For example, if a car hits a pedestrian because the brakes failed and it turns out the brakes were defective, the manufacturer or auto dealer may be liable.

What if the Pedestrian Was Partly Responsible?

Under South Carolina law, an injured pedestrian who was partly responsible for the accident can receive compensation as long as they were not more than 50% responsible. But, the amount of damages available will be reduced in proportion to the injured person’s fault. Here’s an example of how that might play out:

A pedestrian who has the right of way steps into the crosswalk while texting and doesn’t see an oncoming car. The driver of the vehicle accelerated to try to make it through the intersection on yellow and failed, running the red light and hitting the pedestrian.

If the jury finds that the pedestrian was 20% responsible because they were distracted, the pedestrian can still recover for their injuries–but they can only recover 80% of their damages.

On the other hand, if the jury determined that the pedestrian was 51% to blame, they could not recover any damages at all.

Insurance companies will often try to avoid liability or to push you into a lowball settlement by claiming that you were at fault for the accident. Establishing percentages of liability is a complex process. If you believe you were partly at fault or the insurance company has suggested you were at fault, you should talk to a Charleston pedestrian accident attorney as soon as possible.

Dealing with Insurance after a Pedestrian Accident

Ideally, you will speak with an attorney right away, before you have to interact with the insurance company. The insurance company representative’s job isn’t to help you–it’s to save the company money. You may face a wide range of insurance company tactics designed to cut down your compensation or avoid paying you entirely.

For example, what seems like casual conversation may be a way to lead you into saying something that can be taken out of context and used against you later. An offer of quick settlement because “I know you could really use this money right now and I want to get you taken care of as soon as possible” is often an effort to get you to sign away your rights quickly, before you know the full extent of your damages or get advice about what your claim is worth. The one thing you can count on with the responsible person’s insurance company is that they are not on your side.

Your pedestrian accident lawyer can handle those interactions for you, creating a buffer between you and a representative whose goal is to save the company money at your expense.

Hiring an attorney quickly also gives your lawyer the best chance to gather evidence while it is available and to talk to witnesses while their memories are fresh.

Pedestrian Accidents are Serious

Any motor vehicle accident can be deadly, but when it’s thousands of pounds of fast-moving metal against the human body, serious injuries and fatalities are more likely. That’s why pedestrian accidents disproportionately result in death.

Cases involving serious injury are generally more complicated, for a few reasons. One obvious reason is that insurance companies are less willing to offer a fair settlement when large amounts of money are at stake. Another is the responsible driver’s insurance coverage alone may be insufficient to cover your damages.

In addition, expert witnesses are often required to establish the extent of your damages. For example, you may need an expert witness to project the long-term costs of your medical care, and another to calculate long-term losses in earning capacity.

Fortunately, you don’t have to sort that out alone. An experienced pedestrian accident lawyer like Frank Hartman can manage these complex issues for you while you focus on your recovery.

How Pedestrian Accidents Happen

Most pedestrian accidents happen for the same reasons other motor vehicle crashes happen. Some of the most common reasons drivers hit pedestrians include:

• Speeding or driving too fast for conditions: The faster a car is moving, the longer it takes to stop. So, a driver who is exceeding the speed limit or hasn’t adjusted for conditions like low visibility or wet roads is less likely to be able to stop if a pedestrian steps into the street. In addition to increasing the risk of hitting a pedestrian, traveling at higher speeds significantly increases the chance that a pedestrian who is hit will suffer serious injuries or death.
• Distracted driving: A car covers a lot of ground in just a few seconds. At just 30 mph, a car travels 44 feet per second. That’s a lot of opportunity for a pedestrian to step into the road to avoid an obstacle on the shoulder or a child to run out from between two cars. At highway speeds, a car covers more than 100 feet per second. But it takes the average pedestrian 3-4 seconds to cross a lane of traffic.
• Drunk driving: In 2023, about 16% of pedestrian traffic deaths involved an impaired driver. In many of those crashes, the pedestrian was also intoxicated.

Other types of driver negligence that may cause or contribute to pedestrian accidents include driving while fatigued and failing to move over to provide space when a car is broken down on the side of the road or a pedestrian is walking on the shoulder.

Pedestrians’ actions often contribute to the accident as well. When this happens–or can be argued–the responsible driver’s insurance carrier will usually try to shift as much of the blame to the pedestrian as possible to minimize the payout or avoid liability altogether. That’s one reason it’s important to work with an experienced car accident attorney who knows the insurance companies’ tricks and is prepared to counter effectively.

Types of Compensation a Pedestrian Can Recover after Being Hit by a Car

The compensation available in a pedestrian accident case varies depending on the actual losses suffered by the injured pedestrian. Some of the most common types of damages awarded in pedestrian accident cases include:

• Medical expenses due to the accident
• The cost of equipment and services necessary because of the accident
• The cost of counseling services relating to the accident
• Projected future medical expenses, if the injury is long-term or permanent
• Lost wages during treatment and recovery
• Projected future lost earnings if the injury is long-term or permanent
• Compensation for pain and suffering and/or loss of quality of life

The best source of information about the types of damages that may be available in your case is an experienced pedestrian accident attorney.

How Common are Pedestrian Accidents in Charleston?

In the most recent year reported, 187 pedestrians were killed in South Carolina, and another 973 were injured in traffic accidents. That means one South Carolina pedestrian dies in traffic about every other day.

The pedestrian fatality rate in South Carolina declined slightly in 2024. Still, the pedestrian death rate remained well above the national average. And, the number of pedestrians killed in traffic has increased by nearly 50% over a 10-year period. That’s despite a statewide pedestrian and bicyclist safety program implemented in 2022.

If you or a loved one has been hit by a car while walking, you should talk to an experienced Charleston pedestrian accident attorney right away.

First Steps after Being Hit By a Car

If you’ve been hit by a car in or around Charleston, here’s what you need to know to protect yourself, your health, and your claim:

1. Your very first step should be to assess yourself for injuries and seek medical care if necessary–or if you’re uncertain whether it’s necessary
2. If you’re able, get insurance information from the driver who hit you
3. If your physical condition and the setting allow you to do so safely, take photos of the scene and collect contact information from anyone nearby
4. Look around for security cameras or similar that may have caught the accident
5. Make sure to follow up with your doctor and follow any other instructions you receive from emergency room physicians, specialists or your own doctor
6. Write down your recollections of what happened as soon as possible after the accident–it may be months or even more than a year before you’re asked to tell your story on the record
7. Avoid talking about your accident and your medical condition or posting about it on social media, until you get advice from a pedestrian accident attorney
8. Consult a local pedestrian accident lawyer as soon as possible

What to Do if the Driver Blames You

First, don’t discuss fault with the driver at the accident scene, or afterward. Fault is a legal issue and will be hashed out by insurance companies or determined by a jury. No matter who you believe was at fault, there is nothing to be gained by arguing over it directly with the driver.

If the driver’s insurance company suggests you were at fault, the best response is usually to stop engaging with them and contact a pedestrian accident lawyer right away. It’s generally best not to engage with the insurance company anyway, but especially so if they are trying to blame you for the accident.

Keep in mind that even if you were partly responsible, you may still be entitled to some damages. So, don’t give up and don’t agree to a lowball settlement offer. Get an experienced injury attorney on your side and let them take over.

Pedestrian Traffic Safety

To protect against being hit by a motor vehicle, pedestrians should:

• Avoid walking while intoxicated: While walking may seem a better option than driving when you’ve been drinking, it’s still risky. 30% of pedestrians killed in traffic in 2023 were intoxicated. The best option if you’re under the influence is to get a ride with a sober friend or call a taxi or rideshare.
• Remain alert while walking: Distractions can be just as dangerous for a pedestrian as for a driver. Refrain from texting while walking, especially when walking near traffic or crossing a street. And, don’t block out traffic and other ambient sounds with headphones or ear plugs.
• Obey traffic laws and signals: That means crossing at the crosswalk (or a corner, if there is no crosswalk) and never crossing against the light. For added safety, wait to make sure any oncoming traffic is slowing to stop before you enter the street–don’t assume that because you have the right of way, traffic will yield.