I Was Crossing the Street and Was Hit by a Car. What Should I Do?

If you were hit by a car while crossing the street, the first priority is your safety and medical care. To protect your legal rights and explore your avenues for financial recovery, contact the Shelly Leeke Law Firm today for a free consultation with a Charleston pedestrian accident lawyer. Call 911 and get checked by a medical professional, even if your injuries seem minor, because some injuries, including concussions, may not cause symptoms right away.

If you can move safely, get out of traffic. If you have severe pain or may have hurt your head, neck, or back, avoid moving and let bystanders and emergency responders help.

Report the crash to law enforcement. If the driver left, report it promptly with any details you remember. If it is safe and you are able, you can gather information and photos, or ask someone to help.

Insurance notice, evidence, and deadlines matter, but they come after your safety and medical care. A South Carolina personal injury lawyer can explain your options.

What Should I Do After Being Hit by a Car While Crossing the Street?

Here are the immediate steps you need to take right after a car hits you:

1. Call 911, or ask someone nearby to call.
2. Get to safety only if you can do so safely. If moving causes severe pain, or you may have a head, neck, or back injury, stay still and let others warn traffic and wait for responders.
3. Accept a medical evaluation from EMS or at the hospital.
4. Talk to the responding officer and describe what happened as accurately as you can.
5. Do not argue about fault or guess about what happened.
6. If you are able, note the driver’s and vehicle’s information, or ask a bystander to help.

Why Should I Get Medical Care Even If I Feel Fine?

Adrenaline and shock can hide pain. The CDC notes that some concussion and brain injury symptoms may not appear until hours or days after an injury. A prompt medical evaluation protects your health. It also creates a record of your injuries and when they began. Follow your providers’ instructions and keep your appointments.

What Information and Evidence Should I Try to Gather?

If you were injured at a busy intersection, consulting a Mount Pleasant crosswalk injury attorney can help retrieve essential surveillance footage before it is deleted. Only if you are able and it is safe to do so, or with someone’s help, gather:

• The driver’s name, contact information, and insurance information.
• The license plate number and a description of the vehicle.
• Names and phone numbers of witnesses.
• Photos of the scene, the vehicle, the crosswalk or signals, road and lighting conditions, and your visible injuries.
• The officer’s name and the report or incident number.
• The locations of nearby cameras, such as businesses, doorbells, or traffic cameras. Some recordings may be overwritten, so noting them early helps.
• Damaged clothing, your phone, and other property. Keep them as they are.
• Your own notes on what happened, written as soon as you can.

Do not confront the driver or go back into the roadway to collect information.

How Do I Report a Pedestrian Accident in South Carolina?

Call 911 or the local police department, sheriff’s office, or Highway Patrol. The responding officer typically prepares a collision report.

You can later request a copy from the SCDMV online, at a branch, or by mail using Form FR 50. SCDMV’s form lists a $10 fee. A copy is available only after SCDMV has received and processed the report.

If officers did not come to the scene, contact the local law enforcement agency where the crash happened to make a report, and keep a record of the report number. South Carolina law also requires drivers involved in a crash that injures someone to stop, provide information, and give reasonable assistance. Leaving the scene can have serious legal consequences for the driver.

What If the Driver Left the Scene?

If you were struck in a busy downtown district and the driver fled, securing a King Street pedestrian hit and run lawyer ensures law enforcement aggressively investigates the fleeing suspect. A hit and run can feel frightening, especially when you are hurt. Report it to law enforcement promptly and share any details you have: the vehicle’s color, make, partial plate, damage, and direction of travel. Ask about nearby cameras and witnesses. Do not try to follow the vehicle.

If the driver is never identified, uninsured motorist coverage under your own auto policy or a household member’s policy may apply. South Carolina law has specific conditions for these claims, including reporting the crash to police within a reasonable time. For details, see our FAQ on claims involving an unidentified driver.

Who Pays for My Medical Bills After a Pedestrian Accident?

It depends on the facts and the coverage available. Possible sources include:

• The at-fault driver’s liability insurance, depending on who was at fault.
• Your own auto policy, or a household member’s policy, if it includes medical payments, uninsured motorist, or underinsured motorist coverage that applies.
• Your health insurance.
• Workers’ compensation, if you were working at the time.

South Carolina requires drivers to carry liability coverage with minimum limits of $25,000 per person and $50,000 per accident for bodily injury, according to the South Carolina Department of Insurance. Health insurers and other payers may seek repayment from any later recovery. If you were struck by a government transit vehicle, specific South Carolina damages caps 2026 updates limit total personal injury financial recovery against the state to $300,000 per individual.

Should I Talk to the Insurance Company?

Notifying your own insurer about the crash is usually important, because policies commonly require prompt notice. That is different from giving a detailed or recorded statement to the other driver’s insurer. It is reasonable to understand your rights before discussing fault or your injuries in detail. Always be truthful.

If you receive a form asking for your records, see our FAQ on receiving a medical authorization form from the insurance company. You can also read about the questions insurance companies ask after an accident.

Does It Matter Where I Was Crossing?

It can matter, but it does not decide fault by itself. Under South Carolina law:

• Drivers must exercise due care to avoid colliding with any pedestrian (S.C. Code 56-5-3230), according to the South Carolina Department of Public Safety.
• Where traffic signals are not in place or not operating, drivers must yield to pedestrians crossing within a crosswalk (S.C. Code 56-5-3130).
• Pedestrians should not suddenly step into the path of a vehicle that is too close to stop (56-5-3130).
• Pedestrians crossing outside a marked or unmarked crosswalk must yield to vehicles (56-5-3130).

Insurance defense adjusters will actively twist these statutes to trigger the South Carolina comparative negligence 51 percent rule. South Carolina follows modified comparative negligence (Nelson v. Concrete Supply Co., 1991). An injured person may recover only if their fault is not greater than the other party’s, and any recovery is reduced by their share of fault. Here is a hypothetical: if a pedestrian were found 30 percent at fault, their damages would be reduced by 30 percent.

How Much Time Do I Have to File a Pedestrian Accident Claim in SC?

Many South Carolina injury claims must be filed within three years under S.C. Code 15-3-530. However, the S.C. Code 15-3-530 statute of limitations carries rigid exceptions that can catch victims off guard. 

Claims against government entities, for example, involving a signal or road condition, follow the South Carolina Tort Claims Act, which generally requires filing within two years. Failing to meet these South Carolina Tort Claims Act deadlines results in immediate dismissal. Separate rules apply to minors. 

Talking with an insurer does not stop the deadline from running. If litigation is required to secure fair compensation, your attorney will officially file the claim at the Ninth Judicial Circuit Charleston County Court of Common Pleas or the proper local venue.

How Can a South Carolina Pedestrian Accident Lawyer Help?

A dedicated Summerville pedestrian accident law firm will protect you from insurance bullying. A lawyer can:

• Investigate the crash and preserve evidence, such as video.
• Evaluate fault and the coverage available.
• Identify everyone who may be responsible.
• Handle communications with insurers.
• Address medical bills and liens.
• Track deadlines.
• Advise you on whether to settle or file a lawsuit.

Like a South Carolina car accident claim, a pedestrian claim depends on the facts. Shelly Leeke Law Firm works on a contingency basis, meaning no fee unless the firm recovers for you. No lawyer can guarantee a result.

Talk to Shelly Leeke Law Firm About Your Pedestrian Accident

If you are asking, “I was crossing the street and was hit by a car, what should I do?”, start with your health. When you are ready, request a free consultation with Shelly Leeke Law Firm or call (843) 604-3273. Let Shelly Leeke Law Firm Charleston review your legal options at no cost to your family.