South Carolina has detailed pedestrian regulations, which help reduce accidents and promote the orderly flow of traffic. Without these laws, too many intersections would become free-for-alls, and pedestrians would suffer the brunt of any collision. At Hart Law, we take public safety seriously, and we understand how a civil claim for compensation can help deter dangerous driving. Call our office today. We have the experience pedestrians need when they are seeking financial compensation for their injuries.
Crosswalk Laws for Pedestrians
Pedestrians are especially vulnerable on the road, so knowing the crosswalk laws is critical for helping to protect your safety. Here are some of the most important crosswalk laws:
- Obey all traffic signals. You can cross when a “Walk” signal is lit, but you should not cross when there is a solid “Don’t Walk” signal.
- Avoid suddenly leaving the curb and darting into traffic if doing so would create a hazard. (South Carolina Code § 56-5-3130)
- Cross on the right-hand half of the crosswalk, leaving the left-hand side for pedestrians walking in your direction. (Section 56-5-3140)
- Yield to traffic if you are crossing outside of a crosswalk. The driver has the right of way.
- Follow local ordinances, which might prevent you from crossing certain streets, such as in a business district. (Section 56-4-3120)
Some of these rules are intuitive. Sadly, some pedestrians fail to follow them, especially when they are in a hurry. Based on our experience, some pedestrians really do throw themselves into a crosswalk, even though the light is seconds away from a solid “Don’t Walk” signal. They increase the chances of a collision.
Crosswalk Laws for South Carolina Drivers
Motorists also have important obligations whenever they approach an intersection:
- Yield to a pedestrian in the crosswalk, even if there are no traffic safety devices.
- Avoid overtaking or passing a vehicle that has stopped to allow a pedestrian to cross.
- Yield the right-of-way to a pedestrian on the sidewalk when pulling into or out of a driveway. (Section 56-5-3250)
- Exercise due care to avoid any crash with a pedestrian. (Section 56-5-3230)
South Carolina expects drivers to always be careful. Running late for an appointment is not a reason to run a red light or try to scoot past a pedestrian who is in the crosswalk. The fact that a pedestrian is walking slowly is also not a license to squeeze past. In many ways, motorists should be even more careful than pedestrians, since a motorist is unlikely to suffer a serious injury after a collision.
Per Se Negligence & South Carolina Crosswalk Laws
Most personal injury cases revolve around negligence, which is the failure to use reasonable care in the circumstances. Typically, a jury would rely on their own experience to judge how a reasonable person would act, then they compare the defendant’s actions to this standard. If the defendant’s level of care falls below, then the defendant is usually negligent.
However, where a person breaks a law, they might be “per se” negligent. Essentially, breaking the law serves as proof of the defendant’s failure to use reasonable care, and no other showing is required. This is a powerful yet simple way to win a pedestrian accident case. Find an experienced lawyer like Chris Hart who has detailed knowledge of all crosswalk laws and regulations.
How Breaking a Crosswalk Law Impacts Your Case
Another consideration is comparative negligence. In South Carolina, a pedestrian can only receive compensation if they were not more at fault than the driver. That means, in practice, they can be up to 50% responsible but not 51% or higher.
If a pedestrian jaywalked, then their share of fault is likely remarkably high. The same is true if the pedestrian darted into the crosswalk when the solid “Don’t Walk” sign was illuminated. An injured victim who is mostly to blame will end up with $0, regardless of the severity of their injuries.
Negligence can also reduce compensation, even if a pedestrian has a lower share of fault. Suppose a pedestrian starts across the road outside of a crosswalk. There is sufficient space. However, a speeding motorist is flying down the road 30 miles over the speed limit. Both the pedestrian and the driver share some degree of fault, with the driver probably most to blame.
If the pedestrian’s share is 40%, their compensation is cut by that percentage. So comparative negligence poses a serious problem in many accident cases. It certainly pays to always follow the law.
Proving a Violation of a Crosswalk Law
Because any violation could be important to your case, we recommend that victims try to document a violation. For example, a driver might have refused to stop at a red light, instead scooting past a pedestrian. Some evidence includes:
- Witnesses to the dangerous driving. Other pedestrians and even motorists should stop and help if you are struck by a driver. They can speak to the police and provide details. Hopefully, the driver stops to render aid, as required by law. But if they flee, then witnesses can provide details about the car.
- Photographs. The intersection might be outfitted with cameras that take a picture whenever a motorist runs a red light. Your attorney can try to find these pictures and use them in support of your case.
- Marks on the road. The driver might have slammed on the brakes while jerking the wheel. Someone at the scene will hopefully take pictures of skid marks.
- Photographs of the vehicles involved. If a driver stops, then dents in their car are also critical pieces of evidence.
A pedestrian accident victim must also document their injuries. A prompt trip to the hospital can help with that.
Call to Speak with a Pedestrian Accident Lawyer
Hart Law has helped injured pedestrians obtain compensation in settlements with negligent and reckless drivers. We understand the steps needed to win these claims. Contact our office to schedule your free consultation. Our firm believes that every accident victim should receive respect and compensation when a dangerous motorist harms them.