What to Do After Being Hit on Foot in Greenville
Treatment comes first. A family member or friend can handle these steps while you are in the hospital.
- Get emergency care. Call 911 and go where EMS recommends. Some injuries surface later. Keep records of the ER, follow-up care, rehab and costs.
- Mark the exact spot. Which block of Main Street or which stretch of Wade Hampton, the closest intersection or business, and whether there were painted lines.
- Ask for the report. Inside city limits that may be the Greenville Police Department; elsewhere, the Sheriff's Office, a town department or the Highway Patrol.
- Photograph the crossing. A relative can capture the crosswalk, signals, signs, streetlights and anything that blocked the view, like parked cars or hedges.
- Clothes and shoes. Whatever the ER cut off you, ask a nurse or relative to put it in a paper sack, unwashed.
- Footage goes fast. Downtown restaurants, gas stations and apartment buildings along the road may have cameras, so a relative should ask within days.
Where People on Foot Get Hit Around Greenville
Downtown Main Street is full of people at night and on weekends, with mid-block crossings and restaurant crowds. Wide roads like Wade Hampton Boulevard, Laurens Road, Pleasantburg Drive and White Horse Road have many lanes, driveways and long gaps between crosswalks. People walking to bus stops, from the Swamp Rabbit Trail or across busy shopping center lots on Woodruff Road also face turning traffic.
How Long You Have
Most personal injury claims in South Carolina must be filed within three years.2 That limit is for a lawsuit in court, and negotiating with an adjuster doesn't stop it.3
If a government vehicle or employee was involved, Tort Claims Act lawsuits generally must be filed within two years, or three years after a qualifying verified claim.4 Caps on damages and other special rules can also apply.5
Read more on our statewide pedestrian accident page and about how shared fault works.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
Drivers and adjusters are quick to say the walker should have looked twice. That isn't our opening question. We want to know what the light showed, where the car came from and what you recall.
Our office is on King Street in downtown Charleston. The first conversation can happen by phone. We take cases across South Carolina, including Greenville and the Upstate. If you hire us, the insurers can usually deal with us.
If someone already blamed the way you crossed, we'd still like to hear from you about the street, the signal and the car.
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 mid-block on Laurens Road, not in a crosswalk. Can I still recover?
I don't own a car. Whose insurance 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 motorist coverage under a household policy may also be available, depending on the policy terms.7
The driver sped off down Pleasantburg Drive. What now?
Get it reported to police quickly and ask nearby businesses to save their video. For uninsured motorist benefits after a crash with an unidentified driver, the accident must be reported to police within a reasonable time, and other special requirements apply.8
Can my daughter handle things while I'm in the hospital?
She can do a lot: gather bills and photos, request the report, list witnesses and take notes on calls. Signing papers or making decisions about the claim raises separate questions to ask a lawyer about.
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.
