After Being Hit on Foot in Columbia
Healing comes first. A roommate, parent or friend can tackle the following.
- Go with EMS. Call 911 and follow the crew's lead. Injuries can hide at first. Keep records of the ER, follow-ups and rehab.
- Pin down the location. The street, the nearest cross street or building, and whether you were in a crosswalk.
- Get the report. Columbia Police, USC police, a sheriff's department or the Highway Patrol may have responded. Ask that agency how to get a copy.
- Photograph the crossing. A friend can capture the signals, signs, lighting, and parked cars or bushes that blocked the view.
- Keep your shoes and clothes. Ask the hospital or family not to wash or toss them.
- Ask about video fast. Restaurants on Main Street, shops in Five Points and apartment buildings near campus may have cameras.
- Don't sign anything yet. Many people talk to a lawyer first.
Walking in the Midlands
Columbia has heavy foot traffic around the USC campus, on Assembly, Greene and Blossom Streets, in Five Points and the Vista, and along Main Street near the State House. Game days at Williams-Brice and the State Fair bring crowds walking near Bluff Road, Rosewood Drive and George Rogers Boulevard, where sidewalks can be scarce. Outside downtown, people walk along busy roads like Two Notch and Garners Ferry, sometimes to and from bus stops.
Time to File
Most South Carolina personal injury claims must be filed within three years.2 The deadline is about filing in court, and talks with an adjuster won't pause it.3 If a city, county or state vehicle hit you, the claim generally must be filed within two years, or three years with a qualifying verified claim.4 Procedural rules and caps may apply too.5
More about how shared fault works is on our answer page, and the statewide pedestrian accident page covers the basics.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
People hit while walking often hear right away that they should have been more careful. We don't open with that. Tell us what you remember.
Our office is on King Street in Charleston. We take cases across South Carolina, including Columbia and the Midlands. The first conversation can happen by phone. If the driver was working for Uber or Lyft, see Columbia rideshare accident claims.
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 was crossing Assembly Street mid-block. Can I still bring a claim?
I'm a student without 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 automobile insurance. Uninsured or underinsured motorist coverage under a household policy, such as a parent's, may also apply depending on the policy terms.7
The driver sped off. What now?
Report it to police quickly, write down what you remember about the car, and ask nearby businesses to hold their video. Uninsured motorist claims for a driver who is never identified come with special requirements.8
Can my family handle things while I'm in the hospital?
Yes, for the errands: collecting bills and pictures, requesting the report, keeping a witness list. Whether a relative can sign for you or make claim decisions is a different issue worth raising with a lawyer.
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.
