South Carolina pedestrians generally have the right of way, especially in crosswalks and on sidewalks. However, there are certain situations where they must yield the right of way to drivers. Pedestrians also have some important responsibilities to ensure everyone’s safety.
Do Pedestrians Always Have the Right of Way?
Pedestrians do not always have the right of way under South Carolina law. They do have the right of way in crosswalks when indicated by traffic signals, as well as in situations where there aren’t any working signals. However, they must wait for any cars that are already too close to pass before crossing. If there is no crosswalk, the vehicles on the road have the right of way.
Pedestrians also have the right of way on sidewalks, such as when they intersect with a driveway where vehicles may need to cross over the sidewalk. The exception is when emergency vehicles must drive over the sidewalk. In these cases, pedestrians yield the right of way.
Where Should a Pedestrian Walk If There Is No Sidewalk?
Anytime a pedestrian has access to a sidewalk, they should use it. If there’s no sidewalk, pedestrians should walk on the curb or in another safe place, such as a grassy median or at the far edge of a wide shoulder. They should also walk facing traffic and as far away from traffic as possible.
Are Pedestrians Allowed to Walk on the Freeway in South Carolina?
It’s generally illegal for pedestrians to walk on South Carolina freeways. There are a few exceptions to this rule, such as when told to by a law enforcement officer, when performing official duties or public works, and when getting help after vehicle trouble or a collision.
What Are a Pedestrian’s Responsibilities in South Carolina?
Pedestrians have several responsibilities to ensure their own safety and protect drivers. By law, pedestrians must:
- Follow traffic lights and signals
- Cross in crosswalks when available and in places where it’s safe when unavailable
- Avoid freeways
- Walk on the sidewalk or shoulder
- Yield to vehicle traffic when required
- Stay off the road when impaired
They should also try to make themselves visible to drivers, such as by wearing reflective clothing and light colors, especially if walking at night.
What Are a Motorist’s Responsibilities to Pedestrians?
Similarly, drivers have various responsibilities to keep everyone safe while using the roads. Motorists should:
- Take care to avoid collisions with pedestrians
- Yield to pedestrians in crosswalks
- Not try to pass other vehicles stopped so pedestrians may cross the road
Because a vehicle can seriously injure or kill a pedestrian in a collision, motorists should be especially vigilant when driving in areas with heavy foot traffic and slow down if visibility is limited.
What Should I Do If I Have Been Hit as a Pedestrian?
After seeking emergency medical treatment, there are several critical things you’ll need to do, including:
- Follow your doctor’s orders – Your doctor will put together a treatment plan. It may include surgical intervention, medication, a rehab or physical therapy plan, exercises, and other elements designed to help you heal and recover. You must follow this plan, attending all appointments and regularly communicating with your doctor.
- Save your records – Your medical treatment will likely result in significant paperwork, such as bills, statements, receipts, insurance company communication, notes from your doctor, and more. Keep all of these documents together in a safe place. The paper trail is a key part of recovering fair compensation for your injuries.
- Talk to a lawyer – Reach out to a pedestrian accident lawyer. By hearing the story of the accident and understanding what you’ve experienced, they’ll be able to explain your possible legal options and help you determine what your next steps should be.
Can I Sue the Person Who Hit Me?
If you believe the driver who hit you was at fault for the accident, you have the right to sue them to seek compensation for your injuries and other losses, including:
- Current, ongoing, and anticipated future medical expenses
- Lost wages
- Reduced or lost earning capacity
- Pain and suffering
When you hire an attorney, you’ll discuss these losses with them. They will gather documentation to support your expenses and other losses. Based on their experience and knowledge of the law, they’ll then estimate a dollar amount representing fair compensation for your losses. They can help you seek this compensation through negotiations with the driver’s insurance company and, if necessary, in court.
Is There a Time Limit for Filing a Pedestrian Accident Lawsuit in South Carolina?
Under South Carolina law, you have three years to file a lawsuit and seek compensation for injuries sustained in a pedestrian accident. The three-year period begins on the day of the accident.
It’s important to meet with a South Carolina pedestrian accident lawyer as soon as possible following an accident to learn about your legal rights and review your options for seeking compensation. These cases are complex and take time to put together.
Contact a South Carolina Pedestrian Accident Lawyer
Accidents involving pedestrians can cause severe injuries, and the recovery process can be time-consuming and expensive. If you were hit by a motor vehicle and believe the driver was at fault, a South Carolina pedestrian accident attorney from McKinney, Tucker & Lemel LLC can help you pursue the compensation you deserve.
Our attorneys have decades of combined experience. We’re committed to focusing on your case with efficiency, responsiveness, and compassion. Contact us today for a consultation to discuss your legal options.
