Pedestrian Accidents

Do Pedestrians Always Have the Right of Way in South Carolina?

While motorists are expected to exercise due care in avoiding collisions with pedestrians, that does not mean pedestrians always have the “right of way.” Pedestrians are expected to use sidewalks, pedestrian tunnels, and overhead crossings whenever available and safe to use. They must also obey all traffic safety devices (such as red lights and stop signs). If a pedestrian needs to cross the road outside of a crosswalk, they must yield to passing vehicles. A pedestrian cannot suddenly enter a roadway and into the path of an oncoming vehicle. 

These right-of-way rules are important because they influence who is ultimately liable for a crash. Say a pedestrian suddenly stepped out into the road into the path of an oncoming vehicle, giving the driver no time to safely stop. The court may decide the pedestrian is partially responsible for the collision even if the driver was excessively speeding or otherwise behaving negligently. 

Fortunately, South Carolina is a modified comparative negligence state, so you can still recover some compensation even if you were partially at fault in a pedestrian accident (so long as your percentage of fault does not exceed 50%). In these cases, awarded damages will be reduced by your percentage of fault. If the court decides a pedestrian was 40% responsible for a collision and their damages total $100,000, for example, they would still receive 60% of their damages, or $60,000. 

HOW LONG DO I HAVE TO FILE A PEDESTRIAN ACCIDENT LAWSUIT?

In the state of South Carolina, a person injured in a pedestrian accident has up to three years from the date of the accident to file a lawsuit. This is known as the statute of limitations and applies to all types of civil suits, including those involving pedestrian accidents. Note that injured pedestrians only get two years from the date of the collision to bring a claim if they are suing the government. If someone you love suffered fatal injuries because of a pedestrian accident, the executor of their estate has three years from the date they passed away to file a wrongful death lawsuit. 

WHAT DAMAGES CAN I RECOVER IN A PEDESTRIAN ACCIDENT LAWSUIT?

Injured pedestrians can potentially recover both economic and non-economic damages through personal injury litigation. Economic damages refer to measurable expenses resulting from the collision. Non-economic damages are meant to compensate you for the more intangible consequences related to the accident. Additionally, punitive damages are designed to punish the defendant and may be awarded in rare instances where their conduct was especially egregious.

Our South Carolina pedestrian accident lawyers will work to secure maximum compensation for all losses, including:

• Medical bills
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Loss of consortium
• Loss of enjoyment of life

Bell Legal Group typically takes pedestrian accident cases on a contingency fee basis. This means you will owe our firm nothing unless we help you recover compensation, so call (843) 396-1777 or contact us online to start exploring your legal options.