Whether you’re strolling through a neighborhood, crossing an intersection, or walking along a pedestrian pathway, you might think to yourself, “Do pedestrians always have the right of way?”
The answer will depend on the situation.
While South Carolina law prioritizes pedestrian safety, there is no blanket rule granting pedestrians the right of way in every situation. Let’s find out when the right of way applies, when these rules are not applicable, and how to stay safe on the road.
South Carolina Pedestrian Laws
Pedestrian right-of-way laws are codified in the South Carolina Code of Laws. There are specific rules about when pedestrians can expect vehicles to yield.
Marked Crosswalks
Pedestrians in marked crosswalks almost always have the right of way. All vehicles are legally required to stop for you.
Unmarked Crosswalks at Intersections
Even if there’s no painted crosswalk, the law considers intersections to have implied crosswalks. Unless traffic signals indicate otherwise, drivers must yield to pedestrians crossing at these points.
Traffic Signals
Pedestrians must obey traffic signals just like drivers. If the pedestrian light is red or says, “Don’t Walk,” pedestrians do not have the right of way. For example, jaywalking during a red light is both illegal and unsafe.
Mid-Block Crossings
Vehicles are not legally required to yield if a pedestrian crosses a street outside of a marked or unmarked crosswalk (mid-block). Pedestrians must wait for a safe gap in traffic.
Highway Travel
South Carolina law prohibits pedestrians from walking along highways unless it’s a designated pedestrian area.
What Drivers Need to Do
All drivers need to be vigilant, especially in areas with high pedestrian traffic. Some of these tips can help prevent collisions with pedestrians.
Yield at Crosswalks
South Carolina requires drivers to stop for pedestrians in crosswalks, whether these spots are marked or unmarked at intersections. Even if pedestrians hesitate or appear distracted, drivers must give them the right of way. Failure to do so can result in fines and liability in the event of an accident.
Slow Down in Pedestrian Zones
Slowing down the vehicle’s speed in these areas gives the driver more time to react. Along with that, it also helps prevent accidents caused by sudden pedestrian movements or cyclists sharing the road.
Avoid Distractions
Traffic is challenging enough without distractions. Texting, eating, or using GPS while driving takes attention away from the road, increasing the risk of accidents. All drivers will want to stay focused and alert at all times.
While vehicles need to be vigilant, pedestrians also have a responsibility to keep themselves and others safe on the road.
Pedestrians’ Responsibilities
Even though the laws favor pedestrians, they are still responsible for acting reasonably when crossing a street. These tips can help to prevent accidents:
Use Crosswalks
You should always opt for marked crosswalks or intersections when crossing the street. These designated areas are where drivers are legally required to yield. Crossing mid-block or in unmarked areas leaves you vulnerable and increases the chances of accidents.
Stay Alert
Distractions like checking your phone or wearing headphones can delay your reactions. Whether crossing in a busy neighborhood or on a quiet street, you will always look both ways before stepping into the street, even when you have the right of way.
Follow Signals
Traffic signals exist for a reason. Crossing against a “Don’t Walk” sign can lead to dangerous encounters with unpredictable drivers.
Be Visible
During nighttime or in poorly lit areas, wear bright or reflective clothing to ensure drivers can see you. You may want to carry a small flashlight or use reflective gear to add another layer of safety.
What Happens When an Accident Occurs?
When a pedestrian and driver collide, the fault often depends on whether the pedestrian is in a crosswalk and following traffic laws. Pedestrians who are hit while jaywalking or ignoring traffic signals may bear some responsibility for the accident.
However, drivers are expected to exercise a “duty of care.” That means to avoid hitting pedestrians whenever possible.
Injured pedestrians can seek compensation, but their ability to recover damages depends on South Carolina’s comparative negligence rule. Under this standard, the percentage of fault on the pedestrian’s part can reduce their amount from recovering damages.
While pedestrians are protected under the law, there are times when they may not have the right of way. And that can create legal problems if you want to pursue compensation for an accident.
If you have been involved in a crash with a vehicle, there is help. The Solomon Law Group, LLC is ready to protect your rights and compensate you for your losses. We are always available to discuss the circumstances of your case.