First Steps After Being Hit on Foot in North Charleston
Treatment first. Someone else can start this list.
- Call 911. Follow EMS advice.
- Some injuries appear later.
- Name the street and nearest cross street.
- Crosswalk or not? Write it down.
- Ask which agency has the report.
- Photograph signals, signs, lighting, blocked views.
- Save your shoes and clothes.
- Ask shops about cameras soon.
Walking in North Charleston
Plenty of people in North Charleston walk to work, to a CARTA stop or to the store. Rivers Avenue and Ashley Phosphate Road are wide, with heavy turning traffic and long gaps between signals. Remount Road, Montague Avenue and the blocks around Park Circle mix walkers, diners and parked cars after dark.
South Carolina Law on Pedestrian Accidents
Fault and Crosswalks
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 Under the modified comparative negligence rule, your damages are generally reduced by your percentage of fault.1 See how shared fault works.
Time to File
Most personal injury claims in South Carolina must be filed within three years.2 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, and 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 could face caps on damages, depending on the facts of the case.6
More on 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
People hit on foot get told they should've been more careful. We skip that part. Tell us what you remember. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including North Charleston. Our office is on King Street in downtown Charleston. Hit by an Uber or Lyft? See our North Charleston rideshare page.
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 crossed Ashley Phosphate Road away from the crosswalk. Does that end my claim?
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 automobile insurance. Depending on the circumstances, uninsured or underinsured motorist coverage under an applicable household policy may also be available.7
The driver sped off. What now?
Call police fast. Write down the car, the color, any plate letters. 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. The accident must also be reported to an appropriate police authority within a reasonable time.8
Can my sister handle things while I'm in the hospital?
Much of it, yes. Bills, photos, the report, witness names. Signing papers or deciding on the claim is a different question. Ask a lawyer about that early.
Do I have to come downtown to talk?
The first conversation can happen by phone. Our office is on King Street in downtown Charleston, south of North Charleston by way of I-26 or Rivers Avenue. If travel is hard, we can come to you instead: the hospital, your home or wherever is easiest.
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.
