What You Know: If You Were Hit While Walking in South Carolina
- If you were in a crosswalk: drivers must yield to you, and must not pass a car that has stopped to let you cross (S.C. Code § 56-5-3130).
- If you crossed mid block: you may still recover, as long as you are found 50 percent or less at fault (Nelson v. Concrete Supply Co., 1991).
- If the driver fled: your own auto policy’s uninsured motorist coverage may pay, even though you were on foot.
- If a family member died: the estate’s representative usually has three years from the date of death to file a wrongful death claim.
- If you are hurt now: most injury claims must be filed within three years. Deadlines can vary and there are exceptions, talk to an attorney.
What Should I Do if a Car Hits Me While Walking in South Carolina?
Get medical care, report the crash to police, and keep every record. In South Carolina you usually have three years to file an injury claim, you can recover if you are 50 percent or less at fault, and your own uninsured motorist coverage may pay if the driver fled.
South Carolina Pedestrian Accident Lawyer
South Carolina residents owe one another an inherent duty of care while out and about. This duty demands that all parties act as reasonably as possible both in the face of everyday responsibilities and dangerous scenarios. Parties who engage in negligence violate the duty of care owed to others and can subsequently cause dangerous pedestrian accidents. That duty matters more here than in most places: a 2026 national report ranked South Carolina fourth in the country for pedestrian deaths.
Victims of pedestrian accidents have the right to take action against the offending parties. If you need help bringing forward evidence of pedestrian accident negligence, you can contact Shelly Leeke Law Firm. Our South Carolina pedestrian accident lawyers can stand with you from the first call with the insurer through trial, if your case gets that far. Our South Carolina personal injury lawyers are ready to help you get the settlement you deserve. If you are searching for a South Carolina pedestrian accident lawyer near me, we have seven offices, from Greenville to Beaufort.
Take Back Control of Your Pedestrian Accident Recovery
When you move to take civil action in the wake of a pedestrian accident, you give yourself control over your circumstances. More specifically, you have the opportunity to investigate the source of your accident and value your losses in relation to that negligence.
Moreover, the pursuit of a civil claim does not lock you into a course of action. When requesting compensation for a pedestrian accident, you can choose to either negotiate with a liable party or place your case in the hands of a judge or jury. You can determine which of these approaches you would prefer to take during an initial case consultation.
Even then, you have the right to change your approach to your case as it is developing. If negotiations for compensation go sour, you can turn to the court. Until a verdict is reached, you can still resume settlement negotiations.
Path |
What it involves |
Who decides the amount |
|---|---|---|
| Insurance settlement | Demand package, negotiation, often mediation | You, by accepting or rejecting offers |
| Lawsuit and trial | Filing in the county where the crash happened, discovery, trial | A judge or jury |
The Rules That Decide Most Pedestrian Cases
The South Carolina Department of Public Safety summarizes these rules for drivers and walkers. If a driver ignored these rules, a South Carolina crosswalk accident attorney can use them to prove fault.
Rule |
What it means |
Source |
|---|---|---|
| Yield in crosswalks | Drivers must yield to pedestrians crossing in a crosswalk when signals are not in place or not working | S.C. Code § 56-5-3130 |
| Do not pass a stopped car at a crosswalk | If one car stops for a pedestrian, the car behind may not go around it | S.C. Code § 56-5-3130(d) |
| Exercise due care | Every driver must take care to avoid hitting a pedestrian, even one who is crossing outside a crosswalk | S.C. Code § 56-5-3230 |
| Pedestrian duties | Pedestrians crossing outside a crosswalk generally must yield to vehicles, which can raise shared fault questions | Title 56, Chapter 5, Article 25 |
Your Pedestrian Accident Case Has a Deadline
South Carolina treats pedestrian accidents as personal injury claims. This means that the deadlines that apply to personal injury cases in South Carolina also apply to your pursuit of compensation. Specifically, S.C. Code § 15-3-530(5) generally requires you to file a lawsuit within three years. Deadlines can vary and there are exceptions, talk to an attorney.
Situation |
General deadline |
|---|---|
| Injury claim against a driver or business | 3 years from the crash (§ 15-3-530(5)) |
| Wrongful death claim | 3 years from the date of death (§ 15-3-530(6)) |
| Claim against SCDOT, a county, or a city (for example, a missing crosswalk signal or a government vehicle) | Usually 2 years under the S.C. Tort Claims Act, with damage caps |
| Injured child under 18 | May be paused, ending no later than 1 year after turning 18 |
You do not have to take the full three years to file your case. When you work with a pedestrian accident attorney in South Carolina, you can file the necessary paperwork for your claim within months of your accident taking place.
Do note, however, that you want your claim to be as complete as possible when it is filed with the Clerk of Court. If you find yourself stressed by the deadline imposed upon your case, you can let our team know. We can spearhead your investigation and make sure that your claim makes it into the right hands in the appropriate amount of time.
South Carolina Ranks Among the Deadliest States for Walkers
Smart Growth America’s 2026 Dangerous by Design report ranked South Carolina fourth in the nation for pedestrian deaths, with 893 people killed from 2020 through 2024. More than 150 of those deaths were in the Charleston area (South Carolina Public Radio, June 2026).
Setting |
Why it is dangerous |
|---|---|
| Wide, fast suburban roads | Long distances between crosswalks on roads like Rivers Avenue, Two Notch Road, and Woodruff Road |
| Beach and tourist areas | Crowds crossing U.S. 17 and Ocean Boulevard on the Grand Strand, often at night |
| College towns and downtowns | Heavy foot traffic near USC in Columbia and the College of Charleston peninsula |
| Parking lots and driveways | Drivers backing up or turning without looking |
People hurt on these roads can talk to a Charleston pedestrian accident lawyer through our Charleston and North Charleston pedestrian pages.
Recover Damages After a Pedestrian Accident
The purpose of the pedestrian accident claim you file is to secure compensation for your losses. You can’t request compensation, however, without knowing the value of your case. Because you can pursue pedestrian accident claims as personal injury claims, you have the right to record your economic losses alongside noneconomic damages.
Of your possible avenues for compensation, your economic losses are the most material. These include the cost of any damage done to your personal property or the expense of essential medical care. If you have to take time off of work to recover, you can also demand that the liable party help make up your lost wages.
Your noneconomic losses consist of the stress you face in the wake of an accident. If you find yourself contending with emotional distress, symptoms of PTSD, or even the loss of a partner, South Carolina makes it possible for you to assign a dollar value to these losses. There is no fixed formula; we value them based on your medical records, how your daily life has changed, and how long recovery will take.
Common pedestrian injury |
Why it affects claim value |
|---|---|
| Traumatic brain injury | Memory, mood, and work problems that can last for years |
| Leg and pelvic fractures | Bumper height impacts often break the lower body and require surgery |
| Rib fractures and lung injuries | Like our Orangeburg client, who suffered multiple rib fractures and a collapsed lung |
| Spinal injuries | Disc herniations and nerve damage that limit work |
Evidence Plays an Essential Role in Pedestrian Accident Cases
While presenting an estimate of the value of your case establishes some information about your accident, you must also provide the insurer, and later the court, with evidence of both negligence and the related damages. Without evidence, no party who views your case can determine whether or not the state’s laws on fault entitle you to financial support.
The evidence you bring forward for the compensation you are owed can include bills, invoices, and bank statements reflecting lost wages. You should also be prepared to submit evidence of negligence resulting in your accident. This evidence can range from bystander testimony describing a liable party’s behavior to expert witness statements elaborating on your injuries.
Our South Carolina pedestrian accident lawyers also encourage you to pursue video or photo footage of your accident. You can often secure video of a pedestrian accident by requesting that local shop owners or drivers in the area share their security or dash cam footage with you. If your accident occurs near a signalized intersection, traffic camera or signal timing footage may also help you defend your case.
☐ Police report number and the responding agency
☐ Photos of the crosswalk, signals, lighting, and where you landed
☐ Shoes and clothing you wore, unwashed
☐ Names of witnesses and nearby businesses with cameras
Video is often erased within days, so ask early. See our tips on preserving accident evidence.
Assigning Fault for Pedestrian Accident Losses
There is no point in filing a pedestrian accident claim if you don’t know who to hold responsible for your losses. You must determine liability before you file your claim.
In the wake of a pedestrian accident, many survivors feel as though motorists, bicyclists, or other parties on the road may be inherently responsible for their losses. While this is often the case, a court will not assign you compensation based on an assumption. You must present evidence of negligence on the road to hold these parties accountable for their alleged behavior.
Under certain circumstances, negligence on the part of government officials, shop owners, and even corporate representatives can see your initial assumptions about fault flipped on their heads. Fortunately, our team can assess the circumstances and make sure that your complaint addresses the right party in the wake of your pedestrian accident.
What If You Were Partly at Fault?
South Carolina follows modified comparative negligence, adopted by the S.C. Supreme Court in Nelson v. Concrete Supply Co., 303 S.C. 243 (1991). You can recover as long as your fault is not greater than the driver’s, and your award is reduced by your share. Our breakdown of negligence laws in South Carolina explains more.
Example: you cross mid block at night and a speeding driver hits you. A jury values the claim at $200,000 and finds you 30 percent at fault. You receive $140,000. At 51 percent, you would receive nothing.
When the Driver Flees or Has No Insurance
South Carolina drivers must carry at least $25,000 per person in bodily injury coverage (S.C. Code Title 38, Chapter 77), which is often far less than a serious pedestrian injury costs. Our guide to uninsured and underinsured motorist coverage explains how to stack your own coverage. A South Carolina hit and run pedestrian lawyer can help you file the uninsured motorist claim and look for the driver.
- Call 911 and report the crash right away; uninsured motorist claims for hit and runs generally require prompt reporting.
- Check your own auto policy. Every South Carolina auto policy includes uninsured motorist coverage, and it can protect you even when you are walking.
- Check household policies. A spouse’s or relative’s policy in your home may also apply.
- Look for other responsible parties, such as an employer if the driver was working.
From Our Case Files
Here’s what we have achieved so far:
Result |
What happened |
Where |
|---|---|---|
| $150,000 | A young man walking home from a restaurant was struck when a teenage driver swerved off the road; he needed leg surgery and months of rehabilitation | South Carolina |
| $120,000 | A 100 percent disabled veteran was hit by a pickup truck while crossing the street, suffering a fibula fracture, a torn meniscus, and disc herniations | Columbia |
| $100,000 | A client walking in a crosswalk was struck on his left side, suffering multiple rib fractures and a collapsed lung | Orangeburg |
Wrongful Death Claims for South Carolina Families
Our South Carolina pedestrian wrongful death lawyer page explains what families can recover, including lost support, funeral costs, and the loss of companionship.
Question |
Answer |
|---|---|
| Who files? | The executor or administrator of the estate (S.C. Code § 15-51-20) |
| Who benefits? | The spouse and children first, then parents, then other heirs |
| When is the deadline? | Generally three years from the date of death (§ 15-3-530(6)) |
Find a Pedestrian Accident Lawyer Near You
Our Pedestrian Accident Lawyers serve across South Carolina. If you were hurt in the Lowcountry, a Charleston pedestrian accident lawyer from our North Charleston or Mt. Pleasant office can meet with you. In the Midlands, our Columbia SC pedestrian accident lawyer team works from 1111 Laurel Street. Upstate and coastal clients can reach our Greenville SC pedestrian accident attorney or our Myrtle Beach pedestrian accident lawyer at the offices below.
Office |
Phone |
Pedestrian page |
|---|---|---|
| North Charleston (HQ), 6060 Rivers Ave | (843) 604-3273 | North Charleston · Charleston |
| Mt. Pleasant, 222 W. Coleman Blvd | (843) 920-5542 | Mt. Pleasant |
| Walterboro, 123 E. Washington St | (843) 305-7524 | Walterboro |
| Beaufort, 2015 Boundary St, Ste 231 | (843) 305-3993 | Beaufort |
| Columbia, 1111 Laurel St | (803) 281-6054 | Columbia · Orangeburg |
| Greenville, 703 E. North St, Suite B | (864) 383-3531 | Greenville |
| Myrtle Beach area, 1012 16th Ave NW, Surfside Beach | (843) 428-6934 | Myrtle Beach |
The Attorney Behind Our Pedestrian Cases
Attorney Shelly M. Leeke founded Shelly Leeke Law Firm after beginning her career defending insurance companies at Blue Williams, LLP. In pedestrian cases, that background helps her anticipate the “the walker stepped out of nowhere” defense and answer it with evidence.
- J.D. cum laude, Tulane University Law School (2002); undergraduate degrees from Wofford College (1999)
- Licensed in South Carolina and Louisiana; former clerk at the Louisiana Supreme Court
- Member, South Carolina Association for Justice and American Association for Justice
- Charleston Forty Under 40 (2017); Super Lawyers Rising Stars
Her free book, The Guidebook For South Carolina Accident Victims, covers the first steps after any South Carolina crash.
Let’s Overcome Pedestrian Accident Losses Together
Pedestrians can suffer serious injury as a result of someone else’s roadway negligence. Should you find yourself contending with injuries or losses related to such an accident, you can contact a South Carolina pedestrian accident attorney for guidance. Our representatives can meet with you and discuss what compensation you may be entitled to.
The sooner you’re able to act in the wake of a pedestrian accident, the better. With that in mind, contact the Shelly Leeke Law Firm today for a free consultation, or call our North Charleston headquarters at (843) 604-3273. No fee unless we win. We are available to schedule your initial case consultation over the phone or through our website. Every SC pedestrian accident attorney on our team will review your case at no cost.
FAQs: What South Carolina Pedestrians Ask Us
I was hit while crossing outside a crosswalk. Can I still bring a claim?
Often, yes. Pedestrians outside crosswalks generally must yield, but drivers still must use due care. Under Nelson v. Concrete Supply Co., you can recover if you are 50 percent or less at fault, reduced by your share.
A driver backing out of a parking space knocked me down. Who pays?
Usually the driver’s auto insurance, since drivers must look before backing up. If the lot’s design, lighting, or a store’s security failure contributed, the property owner may share responsibility under premises liability law as well.
The driver who hit me drove off. I do not own a car. Can I still recover?
Possibly. If someone in your household has an auto policy, its uninsured motorist coverage may protect you as a resident relative. Report the crash to police right away, because these claims generally require prompt reporting.
I was walking along a road with no sidewalk. Does that hurt my case?
Not on its own. South Carolina expects pedestrians to walk facing traffic where there is no sidewalk, but a driver who drifts onto the shoulder is still responsible. Where you were walking will be closely examined.
How much is a South Carolina pedestrian accident case worth?
It depends on your injuries, future treatment, lost income, your share of fault, and the insurance available. Our firm’s pedestrian results have ranged from $100,000 to $150,000, but every case is different and past results guarantee nothing.
