In general, traffic must yield the right of way to pedestrians on crosswalks and sidewalks. In certain situations, however, pedestrians do not have the right of way and must yield to drivers. Knowing your rights as a pedestrian is important to ensure your safety, as well as that of anyone else on the road.
You might be wondering when does a pedestrian not have the right of way. If you have gotten into an accident in a situation that calls into question the right-of-way laws of pedestrians, you need help from our South Carolina pedestrian accident lawyer to protect your rights. At Shelly Leeke Law Firm, we have over a decade of experience advocating for victims of pedestrian accidents to reclaim the compensation they rightfully deserve.
Pedestrian Right-of-Way Laws in South Carolina
Pedestrians are protected under the South Carolina Code of Laws 56-5, which grants them the right of way in crosswalks when traffic signals are indicated or no signals are present. Right-of-way is defined as the right of either a vehicle or pedestrian to lawfully go first in a situation with a potential for a crash. Pedestrians must wait until the vehicles are cleared from the intersection before entering the crosswalks.
Pedestrians are legally compelled to use a sidewalk if provided and can be ticketed for walking alongside the adjacent roadway. Pedestrians are also prohibited from walking along freeways unless directed by a law enforcement officer. This, of course, raises questions about how to stay safe as a pedestrian where there are no sidewalks.
If no sidewalk is present, walking on the shoulder or on a grassy median is recommended. For safety, walk facing traffic and as far from the road as possible. If you were in an accident as a pedestrian, working with a pedestrian accident attorney can help you understand whether or not you hold any shared liability.
Pedestrian Responsibilities on the Roads
Pedestrians in South Carolina share responsibility for road safety. To protect themselves and others, people must adhere to specific pedestrian laws, such as staying within crosswalks. Other responsibilities include:
- Following all local regulations.
- Following traffic lights, signals, and signs.
- Yielding to traffic before crossing without a crosswalk.
- Avoiding hazardous conditions such as refraining from walking in poor visibility conditions like heavy rain, fog, or unlit roadways.
- Utilizing sidewalks when available.
- When sidewalks are not present, walking faces traffic and is in a safe roadside area.
- Not standing in the roadway.
- Yielding to emergency vehicles.
- Wearing brighter or reflective clothing while walking at night.
- Refraining from walking while impaired by the influence of drugs or alcohol.
While pedestrians are unlikely to be given a ticket for any of these behaviors, those who take care to be responsible may have a higher chance of successfully settling a personal injury claim after an accident. Often, in accident cases with pedestrians, the defendant may try to claim that the pedestrian contributed to the accident by acting in a negligent manner while walking. Following these guidelines can help prevent accidents and work to ensure that the liability is unable to be placed upon the pedestrians themselves.
A Motorist’s Duty to Pedestrians on South Carolina Roads
Drivers bear a significant responsibility for pedestrian safety. Beyond merely sharing the road, motorists have specific obligations to protect pedestrians who are more vulnerable in ensuing accidents. These include:
- Yielding the right of way to pedestrians within designated crosswalks and sidewalks.
- Exercising caution in pedestrian-heavy areas such as school zones, downtown areas, and residential neighborhoods.
- Eliminating distractions such as cell phones, eating, or other distractions that compromise driver’s reaction time.
- Adhering to speed limits and local traffic laws.
- Using proper headlights during low-light conditions such as hazardous weather and nighttime driving.
By diligently following these guidelines, drivers can create a safer environment for everyone on the road. It is essential to remember that pedestrians are among the most vulnerable road users, and drivers have a duty to protect their safety. Drivers who ignore these guidelines may be held liable in accidents involving pedestrians.
What to Do if You Were in a Pedestrian Accident
If you were hit as a pedestrian, your first priority should be receiving emergency medical treatment. Even if you do not feel injured, undergoing a medical evaluation can ensure that you do not have any hidden injuries and establish a direct connection that your injuries were caused by the accident. Be sure that someone reports the accident to emergency services as if you are an injured pedestrian, or you might not be able to gather important data like the driver’s information and insurance.
As soon as you can, contact a lawyer from Shelly Leeke Law Firm to investigate your claim and document available evidence. We can help you gather evidence such as accident scene photos and videos, medical records, witness testimony, and more. Be sure to avoid any statements that could be construed as admitting fault for the accident.
Your pedestrian accident lawyer can help advocate for your legal rights. If you believe the driver who hit you was being negligent, you may have a solid claim to seek compensation from them for your injuries. When you hire an attorney, they will walk you through how to file a pedestrian accident claim and help you pursue your full rights under the law.
South Carolina’s Comparative Negligence Laws
Under South Carolina’s code of laws §15-38-15, an injured person can pursue damages for personal injury, wrongful death, and damage to property so long as they are less than 50% responsible for the total fault in the accident. Because of this, right-of-way laws are very important to understand. If you share some of the blame, your ability to recover damages may be reduced or eliminated.
Determining fault can be complex, especially in pedestrian accidents, as multiple factors often contribute to the incident. It is essential to have a skilled attorney evaluate the circumstances to build a strong case and protect your rights. Do not wait to get started on your claim.
Let Shelly Leeke Law Firm Fight for Your Pedestrian Injury Case
If you have been in an accident that calls into question pedestrian right-of-way laws, we are here to assist you with the legal process. Contact our team today to set up a free case consultation. We will evaluate your claim and advise you on the next steps.
