Pedestrian Accident Attorney
Charleston, SC

Fighting for People Hit By Cars in and Around Charleston County, South Carolina

In the first half of 2022, 75 people were struck by cars and killed in South Carolina. That’s down from the same period during the previous year, but still puts the state in the top 25% for pedestrian fatalities. That’s about one in 70,000 South Carolina residents. And, of course, a great many more pedestrians are injured by motor vehicles.

Pedestrian Accidents are Serious

Any motor vehicle accident can be deadly, but when it’s thousands of pounds of fast-moving metal against the human body, serious injuries and fatalities are more likely. Virtually all pedestrian accidents involve negligence–negligence of the driver who hit the pedestrian, of another driver on the road, of the entity responsible for the road design or traffic signals, or of the pedestrian.

How Pedestrian Accidents Happen

Some of the most common reasons drivers hit pedestrians include:

• Speeding or driving too fast for conditions: The faster a car is moving, the longer it takes to stop. So, a driver who is exceeding the speed limit or hasn’t adjusted for conditions like low visibility or wet roads is less likely to be able to stop if a pedestrian steps into the street. In addition to increasing the risk of hitting a pedestrian, traveling at higher speeds significantly increases the chance that a pedestrian who is hit will suffer serious injuries or death.
• Distracted driving: A car covers a lot of ground in just a few seconds. At just 30 mph, a car travels 44 feet per second. That’s a lot of opportunity for a pedestrian to step into the road to avoid an obstacle on the shoulder or a child to run out from between two cars. At highway speeds, a car covers more than 100 feet per second.
• Drunk driving: 16% of pedestrian fatalities nationwide in 2020 involved an intoxicated driver.

Other types of driver negligence that may cause or contribute to pedestrian accidents include driving while fatigued and failing to move over to provide space when a car is broken down on the side of the road or a pedestrian is walking on the shoulder.

Pedestrians’ actions often contribute to the accident as well. When this happens–or can be argued–the responsible driver’s insurance carrier will usually try to shift as much of the blame to the pedestrian as possible to minimize the payout or avoid liability altogether. That’s one reason it’s important to work with an experienced car accident attorney who knows the insurance companies’ tricks and is prepared to counter effectively.

To protect against being hit by a motor vehicle, pedestrians should:

• Avoid walking while intoxicated: While walking may seem a better option than driving when you’ve been drinking, it’s still risky. 31% of pedestrians killed in traffic in 2020 were intoxicated. The best option if you’re under the influence is to get a ride with a sober friend or call a taxi or rideshare.
• Remain alert while walking: Distractions can be just as dangerous for a pedestrian as for a driver. Refrain from texting while walking, especially when walking near traffic or crossing a street. And, don’t block out traffic and other ambient sounds with headphones or ear plugs.
• Obey traffic laws and signals: That means crossing at the crosswalk (or a corner, if there is no crosswalk) and never crossing against the light. For added safety, wait to make sure any oncoming traffic is slowing to stop before you enter the street–don’t assume that because you have the right of way, traffic will yield.

Other Types of Negligence in Pedestrian Cases

Some other examples of situations in which someone else’s negligence may contribute to a pedestrian accident include:

• Another driver behaving negligently in a way that causes a car to hit a pedestrian, such a slamming on the brakes in traffic and causing the driver to swerve to avoid a collision
• Poor road design that has pedestrians crossing without a traffic signal at a blind curve
• A shopping center landscaping its parking lot in a way that makes it difficult or impossible for a car pulling out to see foot traffic (or vice versa)

An experienced Charleston pedestrian accident attorney like Frank Hartman can assess the circumstances of your accident and identify any possible responsible parties beyond the driver who hit you.

What if the Pedestrian Was Partly Responsible?

Under South Carolina law, an injured pedestrian who was partly responsible for the accident can receive compensation as long as they were not more than 50% responsible. But, the amount of damages available will be reduced in proportion to the injured person’s fault. So, for example, a pedestrian who was 25% responsible for the accident would only be entitled to compensation for 75% of their damages.

Talk to an Experienced Car Accident Lawyer Right Away

Attorney Frank Hartman understands how traumatic being hit by a car or truck can be, and knows how important it is that you get the compensation you need to recover and rebuild. To learn more about how The Hartman Law Firm can help, call 843-300-7600 right now, or fill out the contact form at the bottom of this page.