After Being Hit on Foot in Spartanburg
Treatment comes first. Someone you trust can take care of the rest while you're in the hospital.
- Get to the ER. For serious injuries, call 911 and follow EMS advice. Some injuries show up later. Every bill from the ambulance ride to the last therapy session goes in the file.
- Mark the exact spot. Which block, which corner, painted crosswalk or not. A dropped map pin helps.
- Request the report. Inside city limits that's often Spartanburg Police; on campus it may be campus police. Ask how to get a copy.
- Photograph the crossing. A friend can capture the crosswalk, signals, signs, streetlights and anything blocking the view, like parked cars or hedges.
- Save what you had on. ER staff often cut clothing off; a paper bag keeps those pieces, and your shoes, as evidence.
- Ask about video soon. Restaurants, shops, hotels and homes may have cameras that record over themselves.
- No signatures yet. If an adjuster mails a release, a lawyer can look it over.
Where People on Foot Get Hurt in Spartanburg
Downtown, crowds around Morgan Square spill across Main Street, especially on evenings and event nights. East Main Street near Converse is busy with cars and people on foot, and safety changes have been planned there. Students walk between Wofford, Converse, USC Upstate, Spartanburg Methodist College, VCOM, Spartanburg Community College and Sherman College of Chiropractic. Outside downtown, Asheville Highway and the WestGate area mix fast traffic with shoppers crossing on foot.
Your Deadline
Most personal injury claims in South Carolina must be filed within three years.2 The deadline is for a lawsuit, and negotiating with an insurance adjuster does not stop it.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 There could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.5
Sorting out which one fits your case is a lawyer's job.
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 while walking often hear right away that they should have watched out. We don't begin there. Your memory of it is our starting point. Our answer page explains how shared fault works.
We take cases across South Carolina, including Spartanburg County. Was the driver on an app trip? Read rideshare crashes in Spartanburg. For brain or spinal injuries, see catastrophic injuries in Spartanburg, or the statewide page on pedestrian accident claims.
Told the crossing was your fault? We'd still like to hear which corner, which car and what happened next.
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 crossed mid-block on St. John Street. Do I have a case?
Possibly. Pedestrians crossing outside a crosswalk generally must yield to vehicles, but South Carolina drivers must still use due care to avoid hitting a pedestrian. How fault splits depends on streetlights, the walk signal, the driver's speed and attention, and your own choices.1 Crossing outside the lines doesn't automatically end a claim.6
I walk everywhere and don't have car insurance. Who 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 a household policy may also be available.7
The car kept going. What should we do?
Report it to police quickly. Write down anything you recall about the car and driver, find witnesses and ask nearby shops to keep their footage. When an unidentified driver causes an accident, uninsured motorist benefits come with special requirements, including a timely police report.8 A lawyer can check whether a policy in your household may apply.
My son is handling things while I'm in the hospital. Is that okay?
Yes. He can collect the bills and the report, chase down witnesses and keep a log of every call. Making decisions about the claim or signing papers raises separate questions, so ask a lawyer early, especially with serious injuries.
Can I start by phone from Spartanburg?
The first conversation can happen by phone. Our office is on King Street in Charleston.
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.
