What to Do After Being Hit on Foot in Charleston
People walk everywhere on the peninsula: across Meeting and East Bay, along King, between College of Charleston buildings and down Coleman Boulevard in Mount Pleasant. When a driver hits someone on foot, the injuries are often severe. Get to the hospital and stay with the treatment plan.
Someone can write down the street, the closest cross street or address, and whether you were in a crosswalk. They can ask which agency responded and how to get the report.
A family member or friend can photograph the crossing, the signals and signs, the streetlights and anything blocking the view, like a parked delivery van or a hedge. The ER may cut off your clothes; ask a nurse to bag them, shoes included. Restaurants, hotels and shops along the block often have cameras, so ask soon, before the footage is gone. Talk with a lawyer before you sign anything.
Shared Fault
Under South Carolina's modified comparative negligence rule, you can generally recover if your share of fault is not greater than the defendant's, and your damages are reduced by your percentage.1 Read more about how shared fault works in South Carolina.
The Time to File
Most South Carolina injury claims must be filed within three years.2 The date is for a lawsuit, and talking with an adjuster doesn't pause it.3
If a city, county or state body is responsible, a Tort Claims Act suit generally must be filed within two years, or three with a qualifying verified claim.4 Special rules and caps on damages may also apply.5
Our statewide pedestrian crash page has more.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us About What Happened
People hit by cars often hear right away that they should have watched where they were going. We don't begin there. Tell us what you remember, and we'll talk through your options.
Our office is on King Street in downtown Charleston. If an Uber or Lyft driver hit you, see rideshare crashes in Charleston.
South Carolina Law on This
- Under South Carolina's modified comparative negligence rule, you can generally recover damages if your share of fault is not greater than the fault of the defendant or defendants. In a typical two-driver accident, that means you can recover if you are 50% or less at fault, which is often described as less than 51%. Your damages are generally reduced by your percentage of fault. If your fault is greater, recovery is generally barred under this rule.1
- Most personal injury claims in South Carolina must be filed within three years.2
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.3
- Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years after the loss was or should have been discovered. A three-year deadline may apply if a qualifying verified claim was first filed under the Act.4
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.5
- Pedestrians crossing outside a crosswalk generally must yield to vehicles, but South Carolina drivers must still use due care to avoid hitting a pedestrian.6
- A pedestrian may be able to pursue compensation through the responsible driver's liability insurance even without owning a vehicle or carrying automobile insurance. Depending on the circumstances, uninsured or underinsured motorist coverage under an applicable household policy may also be available. Coverage depends on the circumstances and policy terms.7
- Under S.C. Code § 38-77-170, an uninsured motorist claim involving an unidentified driver may qualify when there was physical contact, qualifying independent-witness evidence, or a recording showing that the unknown vehicle caused the injury or damage. The accident must also be reported to an appropriate police authority within a reasonable time, and the claimant must not have been negligent in failing to identify the vehicle and driver. The recording alternative was added effective May 20, 2024.8
Frequently Asked Questions
I wasn't in a crosswalk. Can I still recover?
Possibly. Pedestrians crossing outside a crosswalk generally must yield to vehicles, but South Carolina drivers must still use due care to avoid hitting a pedestrian. Lighting, signals, what the driver did and each person's share of fault all matter.1 Crossing mid-block on Calhoun doesn't automatically end a claim.6
I don't have a car or car insurance. Who pays?
A pedestrian may be able to pursue compensation through the responsible driver's liability insurance even without owning a vehicle or carrying auto insurance. Uninsured or underinsured coverage under a household policy may also be available, depending on the policy terms.7
The driver sped off. What should I do?
Report it to police quickly, write down everything about the car and the driver, and ask nearby shops and restaurants to keep their footage. Claims involving an unidentified driver have special uninsured motorist requirements, including a police report within a reasonable time.8
Can my family handle things while I'm in the hospital?
They can do most of the legwork: bills, photos, the report, witness names and notes from phone calls. Who has the legal say to sign for you is a different matter, and worth asking a lawyer about early.
Sources
- Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991); S.C. Code § 15-38-15
- S.C. Code § 15-3-530
- S.C. Code §§ 15-3-20 and 15-3-530
- S.C. Code §§ 15-78-80 and 15-78-110
- S.C. Code §§ 15-78-110 and 15-78-120
- S.C. Code §§ 56-5-3150 and 56-5-3230; SCDPS Pedestrian Laws page
- S.C. Code §§ 38-77-150 and 38-77-160 and policy terms, as stated in Sean Hall's Nov 5 review notes
- S.C. Code § 38-77-170, as amended by 2024 Act No. 180 (H.4869), § 7 (effective May 20, 2024)
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
