In South Carolina, pedestrians always have the right of way on sidewalks. They also have the right to safely finish crossing a street if they’ve already started crossing. When walking on a street without a sidewalk, they should stay on the outside edge of the road. Motorists must make every attempt to avoid striking a pedestrian, but many pedestrian accidents occur because negligent drivers ignore these rules.
What Rules Must Pedestrians Follow in South Carolina?
South Carolina’s Uniform Act Regulating Traffic on Highways contains the laws drivers and pedestrians must follow on the road. Some critical pedestrian-specific rules in South Carolina cover:
- Following traffic signals – Just like drivers, pedestrians must obey traffic control devices and signals. This means waiting for the walk sign at intersections and following any other instructions specifically meant for pedestrians.
- Crossing the road – Pedestrians must always use crosswalks when crossing the street. If traffic lights are out or not present, vehicles must yield to pedestrians in a crosswalk. However, pedestrians must make sure cars have enough time to stop safely and should avoid suddenly stepping onto the road.
- Where to walk – If there’s no sidewalk, pedestrians must walk on the road’s shoulder, facing oncoming traffic. This helps pedestrians see the cars approaching them and allows drivers to see them better. If there isn’t a sidewalk or a shoulder, pedestrians should stay as close to the edge of the road as possible.
- Crossing without a crosswalk – Pedestrians must yield to vehicles when crossing a road without a crosswalk. They should always check both ways and cross only when it’s safe.
- Staying off freeways – Walking on freeways is illegal for pedestrians unless it’s an emergency, they’re performing public duties, or a police officer tells them to use the freeway.
- Soliciting rides or business – Pedestrians are not allowed to stand in the roadway to ask for rides, work, or charity from drivers.
- Special rules for the visually impaired – Drivers must stop for pedestrians using a guide dog or carrying a white or white-tipped red cane. This is a sign to take extra care and give them the right of way.
When Do Pedestrians Have the Right of Way in South Carolina?
South Carolina’s pedestrian right-of-way laws are designed to facilitate traffic flow while keeping the most vulnerable road users safe. Knowing when a pedestrian has the right of way and should be yielded to is crucial.
First, pedestrians always have the right of way on sidewalks. When a car is crossing a sidewalk, such as turning into a driveway, pedestrians on the sidewalk have the right of way.
Pedestrians also have the right of way at all marked crosswalks where traffic signals aren’t present or are off. Drivers must yield to pedestrians crossing within a crosswalk. This means if a pedestrian steps onto the road from the curb, cars should slow down or stop to let them cross safely. However, pedestrians shouldn’t dart out suddenly into traffic and must always make sure vehicles have enough time to see them and stop safely.
On the other hand, pedestrians crossing a road without a crosswalk must yield to all vehicles. They should wait for a safe gap in traffic before crossing.
Is Jaywalking Legal in South Carolina?
Jaywalking is illegal in South Carolina. South Carolina law specifically states that pedestrians cannot cross anywhere other than in a marked crosswalk when one is available. While they are allowed to cross outside of crosswalks when there are none, they must yield to oncoming traffic.
At the same time, drivers should always watch out for pedestrians, including those trying to cross the street outside of a pedestrian crossing. Drivers should take reasonable precautions to avoid hitting pedestrians, including slowing down and being more careful in urban areas and at night.
What Responsibilities Do Drivers Have to Protect Pedestrians?
South Carolina law requires drivers to “exercise due care” to avoid hitting pedestrians. This duty includes using their horn or other audible signals when necessary. They should also be extra cautious when they see children or someone who is obviously incapacitated, intoxicated, or confused. Additionally, state law says drivers passing through sidewalks must yield the right of way to any pedestrians already on the sidewalk and any other traffic (such as cyclists).
Who Is Liable When a Vehicle Hits a Pedestrian?
There’s no uniform rule for who’s liable for a pedestrian accident in South Carolina. The liable party depends on the circumstances of the crash. For instance, if a driver hits a pedestrian lawfully crossing at a crosswalk and obeying traffic signals, the driver would likely be liable for the accident.
On the other hand, it would be harder for an injured pedestrian to argue the driver is liable if they darted into the street without warning outside of a crosswalk. Even in this example, though, drivers have a legal duty to watch out for and avoid hitting pedestrians.
If you’ve been injured in a pedestrian accident, contact a South Carolina personal injury lawyer immediately. They can investigate the collision and gather evidence to establish that the other party was to blame. Then, they can file a claim against them to pursue money for your medical bills, lost income, pain and suffering, and more.
Common types of evidence in pedestrian accident cases include:
- Photos and videos – Pictures or videos from the scene can show road conditions, traffic signals, and the positions of people and vehicles at the time of the accident. If available, footage from nearby traffic cameras can offer clear evidence of the accident as it happened.
- Witness statements – Testimony from people who saw the accident provide crucial, unbiased perspectives on what happened.
- Police reports – These official reports contain the responding officer’s observations and sometimes include who they believe caused the collision.
- Medical records – Healthcare files documenting the injuries you sustained show the accident’s impact on your health.
Contact a South Carolina Pedestrian Accident Lawyer
Injured pedestrians in South Carolina should contact a lawyer immediately to protect their rights and pursue fair compensation. Call McKinney, Tucker & Lemel LLC today for a consultation with a South Carolina pedestrian accident lawyer, and we’ll advise you on your legal options.
