Key Takeaways
- South Carolina law requires drivers to yield to pedestrians in marked and unmarked crosswalks.
- Pedestrians also carry legal responsibilities, including not stepping into traffic suddenly.
- Certain Charleston intersections see higher rates of pedestrian accidents as a result of traffic volume and visibility.
- Fault in a pedestrian car accident depends on the specific facts of the crash.
South Carolina law gives pedestrians the right of way in both marked and unmarked crosswalks, but this protection has limits every pedestrian in Charleston should understand. Drivers must yield when a pedestrian is crossing within a crosswalk, although pedestrians also carry a legal duty to cross safely.
Who Has the Right of Way at Charleston Crosswalks and Intersections?
South Carolina law defines a crosswalk as either a marked area at an intersection or the unmarked extension of a sidewalk across a roadway. This means pedestrians have the right of way at many intersections even without painted lines on the pavement. The South Carolina Code of Laws outlines these requirements under the state’s traffic code. Drivers turning at an intersection must yield to pedestrians legally crossing their path, even with a green light or turn signal. Pedestrians crossing outside a crosswalk, by contrast, must yield to vehicles already on the roadway.
What Are a Driver’s Duties Toward Pedestrians Under South Carolina Law?
Drivers approaching a crosswalk where a pedestrian is present must stop and remain stopped until the pedestrian has fully crossed. This duty applies whether the pedestrian entered lawfully or is already midway through crossing. The South Carolina Department of Public Safety advises drivers to exercise due care to avoid a collision with a pedestrian at all times, not only within marked crosswalks. Drivers are also expected to reduce speed in areas with heavy foot traffic, poor lighting, or limited visibility. Failing to meet these duties can expose a driver to liability if a pedestrian is struck.
What Are the Most Dangerous Intersections for Pedestrians in Charleston?
Charleston’s historic layout creates crosswalk conditions that differ from many other cities. Narrow streets near King Street and Meeting Street often have limited visibility due to parked cars, trees, and buildings placed close to the road. Heavy foot traffic near the Charleston City Market and along East Bay Street increases pedestrian and vehicle interactions throughout the day. Tourist traffic unfamiliar with local streets adds another layer of risk. Areas near Marion Square and the College of Charleston campus see frequent crossings outside of standard signal-controlled intersections, which can create confusion about right-of-way.
How Is Fault Determined in a Charleston Pedestrian Accident?
South Carolina follows a modified comparative negligence rule, meaning an injured pedestrian can still recover damages as long as they are found less than 51% at fault. Evidence used to establish fault often includes traffic camera footage, witness statements, and the collision’s location relative to the crosswalk boundaries. A driver who failed to yield in a marked crosswalk typically bears significant liability, whereas a pedestrian who crossed against a signal may share some responsibility.
How a Charleston Pedestrian Accident Attorney Can Help After a Crash
An attorney investigates the crash scene, gathers surveillance footage before it is deleted, and obtains witness statements while memories are still fresh. This evidence often becomes critical when an insurance company disputes fault or argues the pedestrian contributed to the accident. An attorney also calculates the full value of a claim, including medical expenses and lost income, rather than accepting an early settlement offer that undervalues the injury.
Frequently Asked Questions
Do drivers have to stop for pedestrians at unmarked crosswalks?
Yes. South Carolina law treats a sidewalk’s extension across a street as a crosswalk, even without painted lines.
Can a pedestrian recover damages if they were partly at fault?
Yes, as long as the pedestrian’s share of fault is less than 51%.
What should I do after being hit in a crosswalk?
Seek medical attention, contact police to file a report, and gather witness information before speaking with an insurer.
Charleston Pedestrian Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC Advocate for Injured Pedestrians
The Charleston pedestrian accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC help injured pedestrians understand their rights after a crosswalk collision and work for full financial compensation. Call us at 843-727-6500 or complete the online form to schedule a free case evaluation. We have offices in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, and we serve clients throughout the state.