Who is Legally at Fault in a Pedestrian Accident in South Carolina?

There are no absolutes when it comes to traffic accident claims, including those involving pedestrian accidents. While driver negligence is often a contributing factor to pedestrian accidents, it is not the sole cause. In fact, under certain circumstances, pedestrians themselves may be deemed to be at fault or partially at fault for the accidents that result in their injuries. If you were on foot and were injured by a motorist’s negligence, seek the trusted legal guidance of an experienced Conway, SC, pedestrian accident attorney.

Motorists’ Duty of Care

Motorists in South Carolina are required to exercise caution to avoid colliding with pedestrians. They must always yield to pedestrians on roadways when they are within crosswalks that are not controlled by traffic signals. Furthermore, drivers must refrain from passing forward motorists who are stopped to allow pedestrians to cross the street in crosswalks.

Your Responsibility as a Pedestrian in Conway, SC

Pedestrians also have responsibilities that include the following:

• Obeying all pedestrian traffic signals, signs, and controls
• Using crosswalks whenever they are available
• Yielding the right-of-way to motorists whenever crossing outside of a crosswalk
• Remaining alert to and aware of the traffic all around

When Pedestrians May Be at Fault

A prime example of when pedestrians are most likely to be deemed responsible for an accident is when they enter traffic suddenly and seemingly out of nowhere, which doesn’t allow motorists the time they need to react safely. Walking while intoxicated or distracted, such as by headphones, is another red flag. Jaywalking and crossing where it is prohibited are other instances when the pedestrians themselves can be deemed responsible for any ensuing accidents.

Sharing the Road Safely

Generally, pedestrians are not held liable for pedestrian accidents as long as they follow all basic safety rules and regulations. Ultimately, motorists and pedestrians must share the road at intersections and crosswalks. Because motorists pose a much greater threat, they bear a more considerable duty of care. Drivers are responsible for being vigilant for pedestrians in their vicinity and for ensuring their safe passage within the bounds of the law.

Shared Fault in Pedestrian Accident Cases

In South Carolina, both the motorist and the pedestrian involved in an accident can share some degree of fault. When this is the case, the pedestrian’s compensation is generally decreased by the percentage of fault they are assigned, as long as it doesn’t exceed 50 percent. For example, if a pedestrian who was hit by a speeding driver while jaywalking is determined to be 20 percent at fault, their compensation will be reduced by that 20 percent.

Discuss Your Claim with an Experienced Conway Pedestrian Accident Lawyer Today

Our pedestrian accident attorneys at L. Morgan Martin have the experience, resources, and focus to help you obtain the compensation you deserve. We help residents of Conway, SC, regain their health and well-being. Learn more by contacting us online or calling us at 843-248-3177 today.