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Can a Pedestrian Be at Fault for a Crash?

Published on Mar 19, 2021 at 10:47 am in Pedestrian Accident.

Lit green pedestrian crossing icon

Accidents between cars and pedestrians can be especially dangerous because cars are so much bigger and heavier than a person crossing the street. The pedestrian can suffer more injuries because they get hurt when the car hits their body and then again when their body hits the ground. When it comes to car vs. pedestrian accidents, the issue of fault is vital when you are making a pedestrian accident claim.

With the help of a pedestrian accident lawyer from The Solomon Law Group, you’ll be able to feel confident in your claim and trust that they’re building the strongest case possible for you. We’ll look into who was at fault and determine how much you’re owed so that you get the full and fair compensation that you deserve.

Can a Pedestrian Be at Fault in South Carolina?

To determine if someone other than the driver of a car is responsible for a crash with a pedestrian, your lawyer will look into the pedestrian laws in the state to see if what the pedestrian did was illegal. If they didn’t follow the rules of the road as a person crossing the street, then they might have been at fault for putting themselves in harm’s way, considering the driver was following the rules.

Here are some important pedestrian laws in South Carolina that if violated, could make the person crossing the street at fault for the crash:

  • When there is a traffic control signal for pedestrians at a crosswalk, pedestrians can only cross when the light says, “walk,” and have the right of way. If the light says, “don’t walk,” the pedestrian cannot start to cross and is not granted the right of way.
  • If the light has a countdown on it, the pedestrian can only cross if they can make it to the other side before the countdown is over.
  • If there is not a signal for the pedestrian at an intersection, a driver must stop for a crosswalk if a walker is in the crosswalk and on their side of the road.

Depending on what happened to cause the crash, though, more than one person could be at fault for the accident. Let’s take a look at the state’s fault laws so that you can better understand who is liable for a crash between a car and a pedestrian.

Fault Laws in Our State

South Carolina follows a fault-based system. This means that if both parties contributed to the fault, then both can be held responsible for the damages caused to the other. However, if you are found to be over 50 percent at fault for what happened, then you can’t recover any damages for your injuries.

When it comes to a crash that was caused by someone walking in front of a car, the person at fault would be determined by who was breaking the law at the time. If the pedestrian was crossing the street when they weren’t supposed to, or they weren’t crossing at a crosswalk, then they could be responsible for the accident. If the driver was speeding, distracted, or didn’t stop for a crosswalk when they were supposed to, then they are likely liable for what happened.

This is why it’s important to hire a pedestrian accident lawyer—they’ll look into the full situation to determine exactly who was at fault for the collision. That way, you know that you’ll get the justice you deserve when you weren’t the one who caused the crash.

Our Attorney Can Help You

When you’ve been hurt in an accident involving a car while you were walking across the street, then the driver was most likely at fault for hitting you. You shouldn’t have to deal with the damages that you’ve suffered alone. That’s where our Columbia pedestrian accident lawyer can help you.

At The Solomon Law Group, we understand that this is a vulnerable time for you and that you just want justice for what happened. That’s why we’ll take care of the legal side of things while you focus on what really matters, which is healing. Contact our office today so that we can discuss your potential claim and get started as soon as possible on building your case.

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