Crosswalk Pedestrian Accidents: Who is at Fault in South Carolina?

Many people assume that drivers automatically bear full responsibility whenever they strike a pedestrian in or near a crosswalk. While South Carolina law requires motorists to yield to pedestrians in marked crosswalks, determining fault in real cases is more complex than most people realize. Both drivers and pedestrians carry legal duties when sharing the road, and violations by either party can shift liability for an accident.

At L. Morgan Martin, our pedestrian accident lawyers help injured victims in Conway, Myrtle Beach, and surrounding areas pursue fair compensation through thorough investigations of each collision.

When Pedestrians Might Share or Bear Fault

South Carolina recognizes that pedestrians must exercise reasonable care for their own safety, even when using crosswalks. A driver may not bear full fault if the pedestrian’s own actions contributed to the collision:

• Entering the crosswalk against the traffic signals
• Darting into traffic suddenly
• Distracted walking
• Intoxication
• Jaywalking

When Drivers Share or Bear Fault

Drivers owe heightened duties of care when traveling through areas where pedestrians may be present. Several driver behaviors commonly lead to pedestrian accidents:

• Failing to yield at marked crosswalks
• Speeding through pedestrian areas
• Distracted driving
• Running red lights or stop signs
• Failing to check before turning
• Driving under the influence

How is Fault Determined in South Carolina?

South Carolina follows a modified comparative negligence system, allowing injured parties to recover damages even if they share some responsibility for an accident. Your percentage of fault reduces your compensation, and you lose the right to recover anything if you bear more than 50 percent of the responsibility. Insurance adjusters and courts consider multiple factors when assigning fault percentages:

• Police reports and citations
• Witness statements from bystanders
• Traffic camera or surveillance footage
• Physical evidence
• Cell phone records
• Toxicology results
• Traffic signal timing and functionality

How a Car Accident Attorney May Be Able to Prove Your Case

Building a strong pedestrian accident claim requires gathering and preserving evidence before it disappears. L. Morgan Martin takes immediate steps to document liability and damages:

• Obtaining traffic camera and business surveillance footage
• Interviewing witnesses
• Working with accident reconstruction experts
• Reviewing the driver’s cell phone records for evidence of distraction
• Documenting your injuries through medical records and expert testimony
• Calculating current and future damages, including medical bills, lost wages, and pain and suffering
• Negotiating with insurance companies that often attempt to shift blame onto pedestrians
• Filing suit within the applicable statute of limitations if settlement negotiations fail

Speak to a Trusted Car Accident Attorney Now

Whether you’re a driver seeking to prove the pedestrian was at fault or an injured pedestrian, you need high-quality legal representation. Contact L. Morgan Martin at 843-248-3177 to schedule a free consultation with an experienced car accident lawyer. We serve clients throughout South Carolina and are ready to investigate your accident and advocate for a full settlement of your losses.