After Being Hit
Treatment comes first, and a spouse, sibling or friend can carry this list for you.
Call 911 and follow EMS, since some injuries surface later, and keep records of every visit and expense. Have a relative write down the street, the nearest cross street or hotel, and whether you were in a crosswalk. Find out which department responded and how to get the report. A friend can photograph the crossing, the signals, signs, streetlights and anything that blocked the view, like parked cars or a hedge. Ask the hospital to bag your shoes and clothes as they are. Hotels, restaurants and shops along the street often have cameras, so someone should ask about video quickly. Many people talk to a lawyer before they sign anything.
Walking on the Grand Strand
Ocean Boulevard is full of people crossing between hotels and the beach, often mid-block and after dark. Kings Highway has wide lanes, turning traffic and long gaps between signals. Add rental cars, out-of-state drivers and summer crowds, and people on foot are exposed.
Shared Fault
Under South Carolina's modified comparative negligence rule, you can generally recover if your share of fault isn't greater than the driver's, with the award reduced by your share.1 A pedestrian outside a crosswalk generally must yield, but drivers still owe due care.4 There's more on splitting fault after a crash.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Filing Deadlines
Most injury lawsuits in South Carolina must be filed within three years.2 That limit is for a court filing, and talking with an adjuster doesn't pause it.3 Claims against a state or local government entity generally have two years, or three with a qualifying verified claim.5 Special rules and damage limits may apply.6
Our statewide pedestrian page has more.
Talk With Us
Drivers and adjusters are quick to say a pedestrian should have watched out. That isn't where we begin. We listen to what you remember and talk through your options.
We take cases across South Carolina, including Myrtle Beach and the Grand Strand. Our office is on King Street in Charleston. The first conversation can happen by phone.
If the car was an Uber or Lyft, see rideshare crashes in Myrtle Beach. Someone said it was your fault for crossing there? Let us hear the rest.
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
- Pedestrians crossing outside a crosswalk generally must yield to vehicles, but South Carolina drivers must still use due care to avoid hitting a pedestrian.4
- 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.5
- 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.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, not in a crosswalk. Do I have a claim?
I don't own a car. Who pays?
The driver's liability insurance may pay even if you have no car or auto policy. Uninsured or underinsured coverage under a household policy may also apply, depending on the terms.7
The driver sped off before police came. What can I do?
Report it as soon as you can, write down everything about the car and driver, and ask nearby hotels and shops to keep their video. Uninsured motorist claims involving an unknown driver have special requirements, so quick reporting matters.8
Can my wife handle things while I'm in the hospital?
She can gather bills, photos and the report, keep a list of witnesses and take notes on calls. Who can decide on the claim or sign for you is a separate legal question worth raising with a lawyer 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 §§ 56-5-3150 and 56-5-3230; SCDPS Pedestrian Laws page
- S.C. Code §§ 15-78-80 and 15-78-110
- S.C. Code §§ 15-78-110 and 15-78-120
- 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.
