After Being Hit on Foot on Johns Island
Medical care comes first. While you are in the hospital, someone you trust can start on this list.
- Get emergency care. Call 911 and follow EMS advice. Some injuries show up later. Hold on to paperwork from the ambulance ride onward.
- Pin down the spot. The road, the nearest crossroad, mailbox number or neighborhood entrance, and whether there was a crosswalk.
- Find the report. City police, county deputies or a trooper may have handled it; ask which, and how to get a copy.
- Photograph the road edge. The shoulder or lack of one, the ditch, any worn path in the grass, streetlights, signs and anything that blocked the view.
- Save what you had on. Shoes, pants and a reflective vest, if you wore one, should be bagged unwashed.
- Ask about video soon. Doorbell cameras, gate cameras at neighborhood entrances and store cameras may have caught it before footage is erased.
- Leave the forms for later. An adjuster's release can wait until you've asked a lawyer about it.
Walking on Island Roads
Many island roads have no sidewalk or paved shoulder, so people walk along the edge of the pavement or in the grass beside a ditch. That includes people walking to a bus stop, a job or a store near Maybank Highway, and visitors walking from a rental. Darkness comes early on rural stretches without streetlights.
How Long You Have
Most South Carolina injury claims must be filed within three years.2 The limit is for a lawsuit, and dealing with an adjuster does not pause it.3
Claims against a state or local government body generally have two years, which a qualifying verified claim may extend to three years.4 Special procedures and damage caps may also apply.5 A lawyer can tell you which of these limits fits your crash. The statewide page covers pedestrian accident claims in South Carolina.
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
Someone hit walking along a dark road often gets blamed before anyone asks what the driver did. We don't start there. We begin with your memory of the moments before the impact. You can also read about how shared fault works.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Johns Island. The first conversation can happen by phone, and a family member can make that first call for you.
If you were on a bike, see Johns Island bicycle crashes.
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
There was no crosswalk where I was crossing. Can I still recover?
You may. South Carolina generally requires people crossing outside a crosswalk to yield to traffic, but drivers still must use due care to avoid hitting pedestrians. Recovery depends on visibility, signals, what the driver did and each person's share of fault.1 Crossing outside a crosswalk does not automatically rule out a claim.6
I don't have a car. Whose insurance pays?
Not owning a car doesn't stop you from claiming against the driver's liability policy. Uninsured or underinsured motorist coverage under a household policy may also be available. It depends on the facts and the policy terms.7
The driver kept going. What now?
Report it to police as soon as you reasonably can, write down everything you remember about the vehicle, find witnesses and ask nearby homes and businesses to save their video. South Carolina has special requirements for uninsured motorist claims over unidentified drivers, so quick reporting and saving evidence matter.8
Can my family handle things while I recover?
Family can do much of the legwork: gathering bills, photos and the report, listing witnesses and taking notes on calls. Making decisions about the claim and signing papers raise separate questions, so ask a lawyer about that 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.
