If you or a loved one has been struck by a vehicle as a pedestrian in Charleston, SC, the moments that follow can be overwhelming, painful, and confusing. Knowing what to do after a pedestrian accident, and when to call a pedestrian accident attorney, can be the difference between receiving compensation or being left with mounting medical bills and recovery expenses.
This guide walks you through the steps you should take after a pedestrian accident in South Carolina and when you should contact an experienced pedestrian accident attorney.
Why Pedestrian Accidents Are So Dangerous in Charleston, SC
Pedestrians have virtually no protection when they are struck by a vehicle. The injuries are often catastrophic: traumatic brain injuries, spinal damage, broken bones, and even internal bleeding.
In Charleston, pedestrian accidents are a serious and growing concern. Busy roads like King Street, Savannah Highway, and Rivers Avenue, as well as downtown crosswalks, see heavy vehicle traffic daily. When you add in low-visibility conditions, distracted driving, and out-of-town drivers unfamiliar with the city, the risk to pedestrians increases dramatically.
According to the South Carolina Department of Transportation, pedestrian fatalities remain one of the state’s most persistent traffic safety challenges. The NHTSA reports that a significant number of pedestrian deaths occur in darkness, when drivers’ reactions time and visibility are most compromised.
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First Steps to Take After a Pedestrian Accident
Acting quickly after a pedestrian accident protects both your health and your legal claim. Here are the recommended steps to follow after:
- Seek Medical Attention Immediately- Even if you feel fine, get checked out by a doctor right away. Symptoms of internal injuries, concussions, and soft tissue damage often appear hours or days after the collision. Delayed treatment can be used by insurance companies to minimize claims.
- Call 911 and Get a Copy of the Police Report- Always report the accident to law enforcement. Officers will document the scene, take statements, and generate an official incident report. This incident report is a critical piece of evidence in a pedestrian accident case.
- Document the Scene- If you are physically able, photograph everything. This includes the location, streetlights, crosswalk markings, traffic signals, road conditions, the vehicle that struck you, and its license plate. Time-stamped photos preserve evidence.
- Collect Witness Information- Get the names, phone numbers, and, if possible, brief statements from anyone who witnessed the accident. Eyewitness testimony can be decisive in determining fault.
- Notify Your Insurance Company- Report the accident to your insurer, but do not give a recorded statement until you have spoken with a Charleston pedestrian accident attorney. Anything you say can be used to dispute your claim.
- Contact a Pedestrian Accident Lawyer- The sooner you consult with a pedestrian accident lawyer, the better. Evidence can disappear quickly. Surveillance footage gets recorded over or deleted and witness memories can grow fuzzy. An experienced lawyer will move quickly to preserve and investigate evidence on your behalf.
Common Causes of Pedestrian Accidents in the Charleston Area
Understanding what causes pedestrian accidents matters because it directly affects who is liable. In the Charleston area and surrounding neighborhoods, common contributing factors include:
- Poor lighting on residential streets, stretches of I-26 and parts of Savannah Highway often lack adequate street lighting, creating dangerous conditions for pedestrians after dark.
- Impaired driving accidents spike significantly during the evening and late-night hours in Charleston.
- Distracted drivers that are texting or using navigation apps are less likely to see pedestrians in time to stop and avoid collisions.
- Law in South Carolina requires drivers to yield to pedestrians in marked crosswalks, but violations are common.
- Speeding gives drivers less time to react and can cause more severe injuries.
If you were injured by a negligent driver in any type of vehicle collision, our car accident attorneys can also help.
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Who is at Fault in a Pedestrian Accident
Fault in a pedestrian accident is not always straightforward. South Carolina follows a modified comparative negligence system, meaning that fault can be shared between the driver and the pedestrian.
Factors that influence fault determination include:
- Driver Behavior- Was the driver speeding, intoxicated, disobeying road and traffic signs, or distracted?
- Pedestrian Behavior- Was the pedestrian crossing in a marked crosswalk? Were they walking along an unlit roadway or ignoring traffic signals?
- Environmental Conditions- Did poor lighting, bad weather, or road obstructions contribute to the accident?
You can still recover compensation even if you were partially at fault, as long as you were not more than 50% at fault for the accident. However, your damages will be reduced by your percentage of fault. This is why it is important to contact an attorney early on to evaluate your case.
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When Should You Call a Pedestrian Accident Lawyer?
You should contact a pedestrian accident attorney as soon as possible after your accident. You should contact an attorney within days, not weeks.
Here is why timing matters:
- Evidence preservation: Surveillance footage, skid marks, and physical evidence can disappear quickly. Your attorney can issue legal holds and work with accident reconstruction experts.
- Insurance company tactics: Insurers often move fast to contact injured victims and obtain recorded statements before they have legal representation. An attorney can help protect an insured victim.
- Statute of limitations: In South Carolina, you generally have three years from the date of the accident to file a personal injury lawsuit. Missing this deadline means losing your right to recover, permanently.
- Maximizing your recovery: Studies consistently show that accident victims represented by attorneys receive significantly higher settlements than those who negotiate alone.
Frequently Asked Questions About Pedestrian Accidents In South Carolina
Can I recover compensation if I was partially at fault?
Yes. Under South Carolina’s comparative negligence law, you can still recover damages as long as you were less than 51% at fault. Your compensation will be reduced by your share of fault.
What if the driver fled the scene?
Report the hit-and-run to police immediately. Surveillance cameras, nearby witnesses, and other evidence can help identify the driver. You may also have an uninsured motorist claim available through your own auto insurance policy.
Should I accept the insurance company’s first settlement offer?
Almost never. Initial settlement offers are routinely low and designed to close your claim before the full extent of your injuries can be determined. Always consult with your attorney before accepting any settlement offers.
How do poor lighting or road conditions affect my case?
They can actually help your claim. If inadequate lighting or poor road maintenance contributed to your accident, there may be a claim against the city or county in addition to the driver.
Are minor injuries worth filing a claim?
Yes. Even if injuries feel minor at first, they can develop into serious conditions over time. Documenting treatment from the beginning protects your ability to seek fair compensation later.
How long do I have to file a claim?
South Carolina’s statute of limitations is generally three years from the date of accident. You should not wait to file a claim after an accident.
What does it cost to hire a pedestrian accident attorney?
At the Thumbs Up Guys, there is no upfront cost. We work on a contingency fee basis, meaning you pay nothing unless we win your case. We also offer free case reviews.
Get Help From a Charleston Pedestrian Accident Lawyer Today
If you or someone you love has been injured as a pedestrian in South Carolina, you do not have to navigate the legal process alone. Contacting an experienced pedestrian accident attorney helps protect your claim and advocate for your recovery.
The Thumbs Up Guys have recovered over $100,000,000 in verdicts and settlements for injured South Carolinians since 2020. We always fight for the maximum compensation that you deserve. Contact us today for a free case review.
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