What to Do After Being Hit on Foot Near Hilton Head
Hospital care comes first. A family member can take care of the list below.
- 911 and the ER. Go where EMS recommends. A pelvis, knee or head injury may not show its full extent right away. Keep records of every treatment and expense.
- Pin the location. Which road, which cross street or villa entrance, and whether you were in a marked crossing.
- Report number. On the island, a Beaufort County deputy or a trooper will usually have it. Crash reports in South Carolina can be requested through the SCDMV no matter which agency responded.
- Photos of the spot. The crossing, signals, signs, streetlights or the lack of them, and any hedge or parked car that blocked the view.
- What you wore. The ER may cut clothes off; ask that they go in a bag for your family, sandals and all.
- Cameras. Restaurants, shops, hotels and homes often have video, and it doesn't last long.
- No signatures yet. Many people get their questions answered by a lawyer first.
Where Walkers Get Hurt Around Hilton Head
Summer crowds walk between the beach, the shops and the restaurants around Coligny and Pope Avenue, often after dark and often on roads with no streetlights. Crossing William Hilton Parkway on foot, walking from a villa to the beach, or strolling Calhoun Street in Old Town Bluffton or Bay Street in Beaufort can all put people close to drivers who are unfamiliar with the roads and looking for parking.
How Long You Have
Most personal injury claims in South Carolina must be filed within three years.2 That limit is for a lawsuit, and negotiating with an insurance adjuster does not stop it.3 Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years, though a three-year deadline may apply if a qualifying verified claim was first filed.4 There could also be caps on damages, depending on the facts of the case.5
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 struck by cars are often told on the spot that they should have watched out. We start somewhere else: with what you remember. There's a separate page on South Carolina's shared-fault rule.
We take cases across South Carolina, including Hilton Head, Bluffton and the rest of southern Beaufort County. Our office is on King Street in Charleston. The first conversation can happen by phone. See also South Carolina pedestrian accident claims and rideshare crashes on Hilton Head.
If someone blamed you for where you crossed, call anyway and tell us what the driver did.
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 crossed the parkway away from 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 side's share of fault all count.1 Being outside the lines isn't the end of the road for a claim.6
We flew in and didn't bring 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 automobile insurance. Uninsured or underinsured motorist coverage under a household policy back home may also be available, depending on the circumstances and policy terms.7
The car that hit me drove off toward the bridges. What should I do?
Report it to the Sheriff's Office as soon as you can, write down every detail about the car and driver, and ask nearby shops and villas to keep their video. Hit-and-run claims under uninsured motorist coverage come with special requirements, so a prompt report and any photos or video matter.8
Can my wife handle things while I'm laid up?
Yes, she can do much of the legwork: bills, photos, the report, a list of witnesses and notes from phone calls. Making decisions on the claim and signing papers raise separate questions, so ask a lawyer about that early if your injuries are serious.
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.
