Who Is Liable in a Pedestrian Accident Case?

A driver may be liable for a pedestrian accident when careless driving causes the collision, but fault doesn’t always fall entirely on the driver. South Carolina law also sets rules for pedestrians, and a pedestrian’s actions can affect how responsibility is determined after a crash.

With more than 30 years of personal injury experience, Wyndham Law Firm LLC helps clients across South Carolina understand who may be responsible in pedestrian accident claims. The following explains when a driver may be responsible and how being partly at fault could affect your claim.

What Makes a Driver Responsible for a Pedestrian Accident

In South Carolina, drivers must exercise “due care,” or reasonable care, to avoid colliding with pedestrians. Under S.C. Code § 56-5-3230, that duty applies even when other traffic rules address who has the right of way. Speeding or distracted driving can contribute to a crash, and drivers must also follow the rules that require them to yield to pedestrians.

Whether a driver must yield often depends on where the pedestrian was crossing. Under S.C. Code § 56-5-3130, drivers generally must allow a pedestrian to cross when traffic-control signals aren’t in place or operating and the pedestrian is in a crosswalk on the driver’s half of the roadway or approaching closely enough from the other half to be in danger.

Determining whether the driver was at fault can require looking at what happened immediately before the collision. A crash report and available video may help show whether the driver was speeding or failed to give you enough time to cross safely. 

Can a Pedestrian Be Partially at Fault?

Yes. Where and how you cross the road can affect the determination of fault. If you cross outside a marked or unmarked crosswalk at an intersection, for example, you generally must yield to vehicles on the road. You also cannot suddenly step into the path of a vehicle that is too close for the driver to yield.

Being partly at fault doesn’t necessarily prevent you from recovering compensation. Under South Carolina’s modified comparative negligence rule, you can recover damages if your share of fault is not greater than the defendant’s, but your compensation is reduced by your percentage of fault.

For example, if your damages are $100,000 and you’re found 20% at fault, your recovery would be reduced to $80,000. If you’re found more at fault than the defendant, you generally cannot recover damages.

We’re Always Prepared to Help You With the Unexpected

Establishing fault requires a clear picture of how the accident occurred. Evidence can help show what happened before the collision and how responsibility should be divided under South Carolina law.

At Wyndham Law Firm LLC, we can look at how your accident happened and determine how South Carolina’s fault rules may apply to your claim. Send us a message or speak with our team at 843-279-5312.