Charleston Pedestrian Accident Attorney: Injury Claims After Being Hit on Foot
Being hit by a car while walking is one of the most serious things that can happen on a Charleston street. Pedestrians have no airbags, no seatbelts, and no metal frame between them and a two-ton vehicle. The injuries that follow — traumatic brain injuries, broken bones, internal bleeding, spine injuries — are often life-changing. A Charleston pedestrian accident attorney can help you understand who is responsible, what insurance covers, and how to pursue compensation under South Carolina law.
Our firm represents pedestrians hurt anywhere in the Lowcountry — downtown Charleston, Mount Pleasant, North Charleston, Summerville, Daniel Island, Folly Beach, and the surrounding communities. We work on a contingency fee, which means you owe nothing unless we recover for you.
Why Charleston is a high-risk place to walk
Charleston is one of the most walkable cities in the South — and that is part of the problem. King Street tourist traffic, College of Charleston students crossing Calhoun and George Streets between classes, MUSC visitors arriving on foot from nearby parking, beachgoers on Folly Road, and the steady volume on US-17 through Mount Pleasant all create constant interaction between people on foot and people behind the wheel. Add Charleston’s growth, tourist drivers unfamiliar with downtown one-way streets, and a steadily rising rate of pedestrian collisions across South Carolina, and the result is a serious public-safety problem.
When a pedestrian is struck, the injuries are almost always worse than they would be in a car-on-car crash. Charleston pedestrian crashes more often involve hospitalization, surgery, and long-term recovery — and they more often qualify as catastrophic injuries under the meaning of South Carolina personal injury law.
South Carolina pedestrian right-of-way law
Under SC Code § 56-5-3130, drivers must yield the right-of-way to pedestrians crossing within a marked or unmarked crosswalk at an intersection. Pedestrians who step into the road outside a crosswalk are required to yield to traffic — but that does not give drivers permission to hit them. South Carolina law still requires drivers to exercise due care to avoid colliding with any pedestrian.
In Charleston pedestrian cases, the question is almost never “was the pedestrian outside a crosswalk?” but “would a reasonable driver, paying attention, have avoided the crash?” That question is rarely as one-sided as a defense lawyer or insurance adjuster will first claim.
Who is liable in a Charleston pedestrian crash?
Driver fault
The most common scenario. Drivers fail to yield at crosswalks, run red lights, turn right on red without looking, drive distracted, drive impaired, or speed through residential streets. Any of these can put the driver at fault under South Carolina negligence law.
Property owner or government fault
Sometimes the road itself is the problem. Poor lighting at an intersection, missing crosswalk markings, an obstructed sight line, or a defective traffic signal can shift liability onto the city, the SCDOT, or a private property owner. These cases involve shorter notice deadlines under the SC Tort Claims Act.
Multiple-defendant scenarios
A Charleston pedestrian crash sometimes involves more than one responsible party. A driver who hit you might have been on the phone for work (employer liability), driving a delivery vehicle (employer + commercial policy), or running a Lyft trip (rideshare policy layered on top of the personal policy). Our firm identifies every responsible party and every available source of coverage.
Common Charleston pedestrian injuries
The injuries we see most often in Charleston pedestrian cases include traumatic brain injuries, fractures of the leg, hip, pelvis, and arm, spinal cord injuries, internal organ damage, road-rash and degloving injuries, and post-traumatic stress. Long-term costs add up quickly — emergency surgery, weeks or months of inpatient rehabilitation, home modifications, lost income, and reduced future earning capacity. A serious Charleston pedestrian crash can require lifetime medical planning.
What to do after being hit by a car in Charleston
- Call 911 immediately. A police report is essential.
- Accept medical transport. Even injuries that feel “minor” at the scene can mask internal bleeding or concussion.
- Take or ask a witness to take photos of the intersection, vehicles, skid marks, and lighting.
- Get names and contact information for every witness.
- Get the driver’s name, license, insurance card, and license plate.
- Do not give a recorded statement to any insurer before you speak with an attorney.
- Preserve your clothing and shoes from the day of the crash — they can become evidence.
- Keep a written record of medical treatment, missed work, and pain or limitation.
How insurance plays out
The driver’s auto liability policy is usually the first source of compensation. South Carolina requires only $25,000 per person / $50,000 per incident in bodily injury liability — a number that is often inadequate for a serious pedestrian injury. When the driver’s policy is not enough, your own uninsured/underinsured motorist (UM/UIM) coverage on your auto policy can apply even though you were not in your car at the time. This is one of the most misunderstood parts of South Carolina insurance law and a place where a Charleston pedestrian accident lawyer can recover substantial additional compensation that injured walkers often leave on the table.
If multiple policies are in play — driver + employer + UM/UIM — our firm coordinates them so each one pays its share. We also handle health insurance liens and Medicare/Medicaid subrogation so you do not get hit with a surprise bill at settlement time. For more on insurer behavior, see our overview of insurance disputes and bad-faith claims.
Frequently asked questions
What if the driver claims I stepped into the road suddenly?
That is one of the most common defenses in any Charleston pedestrian case. Even if there is some truth to it, South Carolina’s modified comparative negligence rule still allows recovery if your share of fault is below 51%. Your share gets argued from physical evidence — vehicle damage, the location of impact, skid marks, witness statements, traffic camera footage — not from the driver’s word.
Does South Carolina pay damages if I was partly at fault as a pedestrian?
Yes, provided your share of fault is 50% or less. Your recovery is reduced by your percentage share. If you are 25% at fault and the driver is 75% at fault, you recover 75% of your damages.
What if the driver was uninsured?
Your own uninsured motorist (UM) coverage on your auto policy can apply to a pedestrian crash. South Carolina requires UM coverage on every auto policy issued in the state. If you live in a household with multiple cars, multiple UM policies may stack depending on policy language. This is one of the first things we check.
How much can I recover after being hit by a car in Charleston?
Compensation depends on the severity of injuries, the medical and economic costs, and the insurance available. Damages can include medical bills (past and future), lost income and reduced earning capacity, pain and suffering, and in serious cases, life-care costs. Pedestrian cases routinely resolve for higher amounts than ordinary car-accident claims because pedestrian injuries are more severe.
How long do I have to file a pedestrian injury claim in SC?
The general deadline is three years from the date of the crash. Claims against a city, county, or state agency have shorter notice requirements under the SC Tort Claims Act. Waiting hurts the case — evidence disappears, witnesses move, memories fade.
Talk to a Charleston pedestrian accident attorney
If you or a family member was hit by a vehicle anywhere in Charleston or the Lowcountry, contact Grooms Law Firm for a free consultation. You will speak directly with an attorney about what happened and what your options are. There is no fee unless we recover for you.
