A Charleston pedestrian accident lawyer helps injured pedestrians pursue compensation for medical bills, lost wages, pain and suffering, and other losses after being hit by a vehicle.

Pedestrian accidents often cause severe injuries because pedestrians have no physical protection during impact. Even low-speed collisions can result in broken bones, traumatic brain injuries, spinal cord damage, and long-term medical complications.

If a driver’s negligence caused your injuries, you may have the right to file an insurance claim or personal injury lawsuit under South Carolina law. Compensation typically includes medical expenses, lost income, reduced earning capacity, and pain and suffering.

The Charleston pedestrian accident lawyers at The Thumbs Up Guys represent injured pedestrians across the Lowcountry, including West Ashley, North Charleston, Mount Pleasant, and downtown Charleston. Our firm handles every part of the legal process, from investigating the crash and gathering evidence to negotiating with insurance companies and pursuing full compensation.

We offer free case evaluations and work on a contingency fee basis, which means you pay nothing unless we recover compensation for you. Call (843) 749-8505 today to discuss your case.

Get a Free Case Evaluation

How Do The Thumbs Up Guys Help Pedestrian Accident Victims in Charleston?

We represent injured pedestrians across the Charleston area, from West Ashley and North Charleston to Mount Pleasant and downtown near King Street. Our attorneys have recovered millions for personal injury clients throughout the Lowcountry, and we bring that same aggressive approach to every pedestrian accident case.

What Our Attorneys Handle for You

A pedestrian injury claim involves far more than filing paperwork. When you hire our firm, we take over every part of the process so you may focus on healing. Our team at Miller, Dawson, Sigal & Ward handles these cases on a contingency fee basis, meaning you pay nothing unless we recover money on your behalf.

We also communicate with clients weekly through calls, emails, and texts. That level of contact helps you stay informed without having to chase down your own attorney for updates. In one premises liability case, our firm pushed past an initial $1 million coverage claim and secured a $9 million settlement by uncovering hidden insurance policies the defendant tried to keep buried.

For a free legal consultation with a pedestrian accidents lawyer serving Charleston, call (843) 380-8350

What Causes Pedestrian Accidents in Charleston, South Carolina?

Most pedestrian collisions in Charleston happen because a driver fails to exercise due care. Under S.C. Code § 56-5-3230, every driver in South Carolina must take reasonable precautions to avoid hitting a pedestrian, regardless of who has the right of way.

Common Driver Behaviors That Lead to Pedestrian Crashes

Charleston’s mix of busy downtown streets, tourist traffic near the Market, and high-speed corridors like Rivers Avenue and Savannah Highway creates constant risk for people on foot. The most frequent causes of pedestrian accidents in our area include:

Distracted driving, including texting or adjusting GPS while approaching crosswalks
Speeding through intersections or failing to yield at marked and unmarked crosswalks
Driving under the influence of alcohol or drugs, particularly along upper King Street and in the downtown entertainment district
Making right turns on red without checking for crossing pedestrians
Failing to stop when another vehicle has already stopped for a pedestrian at a crosswalk

Even a single violation of South Carolina’s traffic laws may serve as strong evidence of negligence in a pedestrian injury case. The South Carolina Department of Public Safety outlines the full scope of driver obligations on its pedestrian safety page.

Talk to a Pedestrian Accident Lawyer Today

Charleston Pedestrian Accident Lawyer Near Me (843) 380-8350

What Compensation May Be Available After a Pedestrian Accident?

Pedestrian accident victims in South Carolina may be able to recover both economic and non-economic damages through a personal injury claim. Economic damages cover measurable financial losses, while non-economic damages address the less tangible effects of the accident.

Types of Damages in a Charleston Pedestrian Injury Claim

The specific compensation available depends on the severity of your injuries, the circumstances of the crash, and the insurance coverage involved. Injured pedestrians in Charleston commonly pursue recovery for:

Medical bills, including emergency treatment, surgery, rehabilitation, and ongoing care
Lost wages from missed work during recovery
Reduced earning capacity if injuries limit your ability to return to your previous job
Pain and suffering related to physical and emotional harm
Loss of enjoyment of life when injuries prevent you from participating in daily activities

South Carolina also allows punitive damages in cases where the driver acted with reckless disregard for human safety, such as driving while intoxicated. These damages go beyond compensating the victim and serve as a penalty for extreme misconduct.

Click to contact our Charleston Personal Injury Lawyers today

How Do You Prove Negligence in a Charleston Pedestrian Accident Case?

Proving negligence in a South Carolina pedestrian accident case requires showing that a driver or other responsible party owed you a duty of care, breached that duty, and directly caused your injuries. This is the foundation of any personal injury claim.

The Four Elements of a Negligence Claim

South Carolina negligence law requires the injured person to establish four connected facts. Your pedestrian injury attorney gathers evidence to support each one:

The at-fault party owed you a duty of care, which every driver owes to pedestrians under South Carolina law
The at-fault party breached that duty through careless or reckless behavior
That breach directly caused the accident and your injuries
You suffered actual damages, such as medical bills, lost income, or pain and suffering

A police report, traffic camera footage, cell phone records, and eyewitness statements all help build the connection between the driver’s actions and your injuries. The strength of that evidence often determines the outcome of the claim.

What If You Were Partially at Fault?

South Carolina follows a modified comparative fault system under S.C. Code § 15-38-15. An injured pedestrian may still recover compensation as long as they hold less than 51% of the fault for the accident. The total recovery is reduced by the pedestrian’s percentage of fault.

If a pedestrian crossed outside of a crosswalk but the driver was also speeding and distracted, both parties share some responsibility. Insurance companies frequently try to shift blame onto the pedestrian to reduce what they pay. Having an attorney who understands South Carolina’s comparative fault rules helps protect your claim from those tactics.

Complete a Free Case Evaluation form now

What Are Your Options If Insurance Does Not Cover Your Full Losses?

South Carolina only requires drivers to carry $25,000 in bodily injury liability coverage per person. That amount rarely covers the full cost of a serious pedestrian accident, especially when injuries involve hospitalization, surgery, or long-term rehabilitation.

Additional Sources of Recovery

When the at-fault driver’s policy falls short, your Charleston pedestrian accident lawyer explores other paths to compensation. Several options may apply depending on the facts of your case:

Your own uninsured or underinsured motorist coverage, which applies even when you are not in a vehicle at the time of the accident
Third-party liability claims against employers, vehicle owners, or companies whose negligence contributed to the crash
Government liability claims if a dangerous road design, missing crosswalk signals, or poor lighting played a role in the accident
Wrongful death claims under S.C. Code § 15-51-10 if a pedestrian accident results in a fatality

Identifying all available sources of recovery is one of the most valuable things a pedestrian accident attorney does. Accepting a single insurance payout without exploring these options might leave money on the table.

Request Your Free Case Review

How Long Do You Have to File a Pedestrian Accident Claim in South Carolina?

The statute of limitations for a pedestrian accident lawsuit in South Carolina is three years from the date of the accident under S.C. Code § 15-3-530. Missing that deadline almost always means losing the right to file a claim entirely.

Why Acting Early Matters

Three years might seem like plenty of time, but evidence degrades quickly. Surveillance footage gets overwritten. Witnesses forget details. Vehicle damage gets repaired. Starting the legal process early gives your attorney time to preserve the evidence that strengthens your case.

Claims against government entities in South Carolina face even shorter deadlines, typically two years. If a city-maintained intersection, a missing crosswalk signal, or a dangerous road condition contributed to your accident, the timeline to file shrinks significantly.

Ask The Thumbs Up Guys

What do I do after getting hit by a car as a pedestrian in Charleston?

After receiving medical attention, gather the driver’s insurance information and contact details if possible. File a police report and keep all records of your medical treatment. Speaking with a Charleston pedestrian accident lawyer before accepting any insurance settlement offer is a good idea, because early offers rarely reflect the full cost of your injuries.

How much is my pedestrian accident case worth in South Carolina?

The value of a pedestrian accident case in South Carolina depends on the severity of your injuries, the cost of your medical treatment, your lost income, and the available insurance coverage. Cases involving surgery, long-term rehabilitation, or permanent disability typically carry higher value. An attorney evaluates these factors during a free case review.

Is the driver always at fault when a car hits a pedestrian in SC?

Not always. South Carolina uses a modified comparative fault system, meaning both the driver and the pedestrian may share responsibility. However, under S.C. Code § 56-5-3230, drivers must exercise due care to avoid hitting any pedestrian on any roadway. Even if you were outside a crosswalk, the driver may still hold significant fault.

Does my car insurance cover me if I get hit while walking?

Yes, in many cases. Your uninsured or underinsured motorist coverage may apply to pedestrian accidents even though you were not in a vehicle at the time. This coverage comes from your own auto policy and may help cover medical bills, lost wages, and pain and suffering when the at-fault driver lacks adequate insurance.

FAQs for Charleston Pedestrian Accident Lawyers

Do I need a lawyer after a pedestrian accident in Charleston?

Hiring a pedestrian accident lawyer in Charleston is a good idea, especially if your injuries required medical treatment. Insurance companies often make initial settlement offers that fall far below the actual cost of recovery. An attorney negotiates on your behalf and identifies the full value of your claim before you accept any offer.

How much does a pedestrian accident lawyer in Charleston cost?

Most Charleston pedestrian accident attorneys, including The Thumbs Up Guys, work on a contingency fee basis. You pay nothing upfront and owe no attorney fees unless the firm recovers compensation for you. The fee is a percentage of the final settlement or verdict, which you agree on before your case begins.

What if the driver who hit me was uninsured?

South Carolina requires drivers to carry uninsured motorist coverage, which may apply when the at-fault driver has no insurance. This coverage comes from your own auto policy and may help cover medical expenses, lost wages, and other damages even though you were on foot when the accident happened.

What types of injuries do pedestrian accidents commonly cause?

Pedestrian accidents frequently result in broken bones, head injuries, spinal cord damage, internal organ injuries, and severe soft tissue damage. Because pedestrians have no physical barrier between their body and the vehicle, even low-speed collisions may cause significant harm that requires extended medical treatment.

What happens if the pedestrian accident resulted in a death?

Surviving family members may pursue a wrongful death lawsuit under South Carolina law. The personal representative of the deceased’s estate files the claim, and any recovery is distributed to the statutory beneficiaries. The statute of limitations for wrongful death in South Carolina is three years from the date of death.

Talk to Charleston Pedestrian Accident Lawyers Who Fight for Results

Every pedestrian accident case we handle at Miller, Dawson, Sigal & Ward starts with a free case evaluation. We take calls 24 hours a day, seven days a week, and we never charge a fee unless we recover compensation for you. Our offices in Charleston, North Charleston, Summerville, and Columbia serve families across the state. If a negligent driver left you or a loved one with serious injuries, The Thumbs Up Guys are ready to fight for your recovery. Contact us today at (843) 749-8505 to get started.

Call or text (843) 380-8350 or complete a Free Case Evaluation form