What to Do After a Pedestrian Accident in South Carolina
Medical care comes first. While you're in the hospital, someone you trust can start on the rest.
- Get medical attention. Call 911 for serious injuries or emergencies, and follow EMS recommendations. Some injuries may not be immediately apparent. Keep records of emergency treatment, follow-up appointments, rehabilitation, and related expenses.
- Note exactly where it happened. Write down, or have someone write down, the street, the nearest cross street or address, and whether you were in a crosswalk.
- Get the report. Ask which agency responded and how to request a copy.
- Photograph the spot. A family member or friend can take pictures of the crosswalk, signals, signs, lighting and anything that blocked the view, like parked cars or shrubs.
- Save what you were wearing. Ask the hospital or your family to keep your shoes and clothes as they are.
- Ask about cameras. Shops, restaurants, hotels and homes often have video. Ask soon, before it is erased.
- Get your questions answered before you sign anything. Many people talk to a lawyer first.
How Long You Have
Most personal injury claims in South Carolina must be filed within three years.2 That deadline is for a lawsuit in court, and talking with an adjuster does not pause it.3
Claims against South Carolina state or local government entities generally must be filed within two years, although a qualifying verified claim may extend the period to three years.4 Special procedural rules and limits on damages may also apply.5
A lawyer can explain how this works for you.
Talk With Us
People hit by cars are often told, right away, that they should have been more careful. We don't start there. We start by listening to what you remember. We talk with you about your options. You can also read about how shared fault works in South Carolina.
The firm is based in Charleston and takes pedestrian accident cases across South Carolina. If the car was being driven for Uber or Lyft, see our page on Uber and Lyft crash claims. Some pedestrian crashes cause brain or spinal injuries that change daily life; see our page on catastrophic injury claims.
Tell us where you were, what the driver did and what you've been told.
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
Can I recover compensation if I wasn't in a crosswalk?
Possibly. South Carolina law generally requires pedestrians crossing outside a crosswalk to yield to vehicles, but drivers still have a duty to exercise due care to avoid hitting pedestrians. Whether a pedestrian can recover compensation depends on the circumstances, including visibility, traffic signals, the driver's actions, and each person's share of fault.1 Being outside a crosswalk does not automatically prevent a claim.6
I don't own a car. Whose insurance pays?
You may be able to pursue compensation through the responsible driver's liability insurance even if you don't own a vehicle or carry automobile insurance yourself. Other coverage, including uninsured or underinsured motorist insurance under an applicable household policy, may also be available. Coverage depends on the circumstances and policy terms.7
The driver left before police arrived. What now?
Report the accident to police as soon as reasonably possible. Write down everything you remember about the vehicle and driver, identify witnesses, and ask nearby businesses to preserve camera footage. South Carolina has special requirements for uninsured motorist claims involving unidentified drivers, so prompt reporting and evidence preservation can be especially important.8 A lawyer can also investigate whether an applicable insurance policy provides coverage.
Can a family member help with my claim while I recover?
Yes, family can do a lot of the legwork. They can gather bills, photos and the crash report, keep a list of witnesses and take notes during calls. Decisions about the claim itself, and signing papers, raise separate questions. Ask a lawyer about that early, especially 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.
