Pedestrian accidents are often traumatic and confusing—especially when there are questions about who was at fault. If you were partially at fault in a pedestrian accident in Summerville, South Carolina, you might wonder whether you can still recover compensation.
The good news: under South Carolina’s comparative negligence law, you can pursue damages even if you share some responsibility for the crash.
At Crantford Meehan, our Summerville pedestrian accident attorneys understand the challenges of shared-fault cases. From our office at 136 W Richardson Ave in Summerville, we represent injury victims throughout the Charleston metro area. Our attorneys use their trial advocacy training and extensive local experience to help pedestrians recover the compensation they deserve.
Understanding South Carolina’s Comparative Negligence Law
South Carolina follows a modified comparative negligence system, meaning you may still recover compensation if you are not more than 50% at fault for the accident.
Under S.C. Code § 15-38-15, each party’s damages are reduced in proportion to their degree of fault:
- If you are 30% at fault and your damages are $100,000, you can still recover $70,000.
- If you are 51% or more at fault, you cannot recover compensation from the other party.
This rule reflects how accidents often result from multiple contributing factors—and why having strong legal representation is vital. Insurance companies frequently try to shift blame onto pedestrians to reduce payouts.
Our attorneys at Crantford Meehan ensure fault percentages are supported by evidence, not speculation.
Common Situations Where Pedestrians Share Fault
Pedestrian accidents in Summerville often occur in settings where both drivers and pedestrians share responsibility. Understanding these situations can help clarify your rights:
Jaywalking or Crossing Outside a Crosswalk
Even if you were crossing outside of a marked crosswalk or against a light, the driver may still be liable if they were:
- Speeding or driving recklessly
- Distracted by a phone
- Impaired by drugs or alcohol
- Failing to maintain a proper lookout
South Carolina law (e.g. S.C. Code § 56-5-3130) requires drivers to exercise reasonable care to avoid colliding with pedestrians, even when pedestrians violate a rule of the road. Jaywalking does not automatically bar recovery.
Poor Visibility or Road Design
Many Summerville pedestrian accidents happen along unlit or poorly marked roadways. In such cases, factors like roadway design, lighting, and signage can influence fault assessments. Road hazards and infrastructure defects may also contribute to liability.
Intersection and Turning Accidents
Drivers making left or right turns frequently overlook pedestrians with the right of way. Even when a pedestrian steps off the curb early or hesitates, a driver’s failure to yield can create liability. These intersection accidents often involve complex fault determinations.
How Shared Fault Affects Compensation
When you share fault, your total damages are reduced by your fault percentage—but that applies to all categories of damages, including:
Economic Damages
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Rehabilitation or physical therapy costs
- Assistive devices and home modifications
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
For example, if your damages total $200,000 and you are 25% at fault, your recovery would be $150,000. Because fault allocation directly affects compensation, it’s essential to have experienced attorneys who can minimize your assigned percentage.
Proving the Driver’s Negligence
Even if you share some responsibility, proving that the driver was negligent remains key to recovering damages.
Common driver negligence includes:
- Failure to yield to pedestrians in crosswalks
- Speeding, especially in residential or downtown areas
- Distracted driving, such as texting behind the wheel
- Impaired driving due to alcohol or drugs
- Failure to maintain a proper lookout
Strong evidence often includes:
- Police reports and any citations issued
- Traffic-camera or business-surveillance footage
- Cell-phone records showing distraction
- Witness statements
- Accident-reconstruction analysis and vehicle-damage patterns
Our personal injury attorneys work with reconstruction and medical experts to build strong, evidence-based cases—ensuring the driver’s negligence is clearly established.
Steps to Take After a Pedestrian Accident in Summerville
Following these steps helps protect your health and your claim:
- Seek medical attention immediately. Even minor injuries can worsen over time.
- Call the police and report the accident. Obtain an official accident report.
- Document the scene. Take photos of your injuries, vehicle damage, and surroundings.
- Collect witness information. Obtain names, phone numbers, and brief statements.
- Avoid admitting fault. Stick to facts when speaking to officers or insurers.
- Preserve evidence. Keep damaged clothing and medical records.
- Contact an attorney as soon as possible. Early representation protects your rights and evidence.
South Carolina’s statute of limitations for pedestrian injury claims is three years, but early legal involvement improves your case outcome.
Why Choose Crantford Meehan
Pedestrian accidents involving shared fault require both technical skill and strategic advocacy. At Crantford Meehan, we have the experience and resources to manage complex cases effectively.
Our Credentials
- Graduates of Gerry Spence’s Trial Lawyers College, known for intensive trial advocacy training.
- AV Preeminent® rating from Martindale-Hubbell®, recognizing the firm’s highest standards of ethics and legal ability.
- Proven success in serious injury and shared-fault cases across South Carolina, including multi-million-dollar settlements for accident victims.
Our Commitment
- Contingency-fee representation: No attorney fees unless we win.
- Local experience: Deep familiarity with Summerville roads, traffic patterns, and courts.
- Personalized attention: Every case receives direct attorney involvement and an individualized strategy.
Contact Crantford Meehan Today
If you were involved in a pedestrian accident in Summerville and may share some responsibility, don’t assume you’re ineligible for compensation. South Carolina law protects your right to recover when your fault is 50% or less.
Call Crantford Meehan today at (843) 832-1120 or visit our Summerville office at 136 W Richardson Ave, Summerville, SC 29483 for a free consultation.
We’ll review your case, explain your options, and work to minimize your fault percentage while pursuing the full compensation you deserve.
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Understanding Comparative Fault in Multi-Car Accidents in Charleston, South Carolina
