What to Do After Being Hit While Walking in Mount Pleasant
Medical care comes first. A relative can start on the rest while you're admitted.
- Get treated. Call 911 for serious injuries and follow the EMS crew's advice. Some injuries don't show right away. Save the paperwork from the ambulance, the hospital and therapy.
- Mark the location. Note the block, the closest intersection and whether there were painted lines or a signal.
- Request the report. Mount Pleasant Police, the Highway Patrol or a beach town's officers may have it.
- Photograph the place. A family member can photograph the crosswalk, signals, signs, lighting and anything blocking the view, like parked cars or shrubs.
- Save what you wore. Shoes and clothing, even cut off in the ER, should go in a bag, unwashed.
- Ask about cameras soon. Shops, restaurants and homes may have video that gets erased.
- Hold off on signing. Many people talk with a lawyer first.
Where People on Foot Get Hurt Around Mount Pleasant
People walk along Coleman Boulevard and Ben Sawyer Boulevard, through the Old Village near Pitt Street, around the Waterfront Park at the foot of the Ravenel Bridge, and along beach streets on Sullivan's Island and Isle of Palms. Many of these places mix walkers with car traffic, cyclists and golf carts, especially after dark.
How Long You Have
Most injury claims in South Carolina must be filed within three years.2 The deadline is for a lawsuit, and talking with an adjuster doesn't stop it.3
A Tort Claims Act suit against a state or local government body generally must be filed within two years, though a qualifying verified claim may extend that to three years.4 Special procedures and damage limits may also apply.5
The statewide page covers pedestrian accident claims, and you can read 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
Someone hit while walking often hears blame before anyone asks how they are. We don't start there. We start by listening to what you remember and talking through your options.
We take cases across South Carolina, including Mount Pleasant and the islands. Our office is on King Street in downtown Charleston, and the first conversation can happen by phone. If the car was an Uber or Lyft, see Mount Pleasant rideshare accidents.
If someone told you the crossing was the problem, call anyway. Tell us where you were, what the driver did and what you've heard since.
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 on Coleman Boulevard. Can I still bring a claim?
Possibly. A pedestrian crossing outside a crosswalk generally has to yield, but drivers still must use due care to avoid hitting people on foot. Lighting, the signal, the driver's speed and attention, and how fault splits all affect recovery.1 Being outside a crosswalk doesn't automatically end a claim.6
I don't own a car. Whose insurance pays?
The driver's liability coverage may pay even if you have no car or auto insurance. Uninsured or underinsured coverage under a household policy may also apply, depending on the facts and the policy terms.7
A car clipped me on a dark side street off Rifle Range Road and never stopped. What now?
Report it to police as soon as you reasonably can, write down what you remember about the car and driver, find witnesses and ask homes or businesses to save camera footage. Uninsured motorist claims involving an unknown driver come with special requirements in South Carolina, so quick reporting and saved evidence matter.8
Can my family help with the claim while I recover?
Yes. Relatives can collect paperwork, photos, the report and witness numbers, and sit in on calls. Deciding things 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.
