What to Do After Being Hit by a Car in Summerville
Treatment comes first. Someone you trust can start on this list while you are in the hospital.
- Call 911 and let EMS decide where you go. Some injuries show up later, so keep records of the ER, follow-ups, rehab and costs.
- Pin down the spot. The street, the nearest cross street or address, and whether you were in a crosswalk.
- Find out who responded. Summerville police, a county sheriff's office or the Highway Patrol may have the report.
- Photograph the crossing. Signals, signs, lighting and anything that blocked the view, like parked cars or hedges.
- Keep your shoes and clothes as they are.
- Ask about cameras quickly. Shops, restaurants and homes often have video that gets erased.
- Wait before signing anything. Many people talk to a lawyer first.
Walking Around Summerville
People cross Main Street downtown between shops and Hutchinson Square, walk along busy North Main Street and Dorchester Road where sidewalks come and go, and stroll the new streets of Nexton and Cane Bay where construction traffic still runs. Joggers and dog walkers cross streets where the Sawmill Branch Trail meets traffic, and school drop-off adds more cars in the morning and afternoon.
How Long You Have
In South Carolina, most injury lawsuits must be filed within three years.2 The limit is for filing in court, and talking with an adjuster doesn't stop it.3
Suits against state or local government entities generally must be filed within two years, though a qualifying verified claim may extend that to three years.4 Extra procedures and damage caps may also apply.5 A lawyer can tell you how this applies to you.
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 by cars often hear right away that they should have been more careful. We don't start there. We listen to what you remember and go over your options. You can also read about how shared fault works and the statewide page on South Carolina pedestrian accidents.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Summerville. If an Uber or Lyft driver hit you, see rideshare crashes around Summerville.
If someone told you the way you crossed was the problem, call us anyway. Tell us where you were and what the driver did.
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
Do I have to come to Charleston to talk?
No. The first conversation can happen by phone. Our office is on King Street in downtown Charleston.
I wasn't in a crosswalk. Do I still have a claim?
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. Whether you can recover depends on lighting, signals, what the driver did and each person's share of fault.1 Crossing mid-block does not automatically end a claim.6
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 car or carrying auto insurance. Depending on the circumstances, uninsured or underinsured motorist coverage under a household policy may also be available. It depends on the policy terms.7
The driver kept going. 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 nearby businesses to save their video. South Carolina has special requirements for uninsured motorist claims involving unidentified drivers, including a police report within a reasonable time.8 A lawyer can check whether any policy may cover it.
Can my family handle things while I recover?
Much of it, yes. They can collect bills, photos and the crash report, keep a witness list and take notes on calls. Signing papers or making decisions about the claim raises separate questions, so ask a lawyer early, especially after a serious injury.
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.
