Pedestrian Accidents in Downtown Charleston: Legal Rights and Next Steps

The Incident

Broad Street, Meeting Street, East Bay Street, and the streets surrounding the Charleston City Market see a mix of tour vehicles, delivery trucks, rideshare cars, and distracted drivers navigating a historic grid not designed for modern traffic volumes. Pedestrians — many of them tourists unfamiliar with local traffic patterns, and residents accustomed to cars yielding — are struck regularly. A pedestrian hit by a vehicle weighing two tons or more, even at low speed, typically sustains injuries far more severe than the driver appreciates from behind the wheel.

What South Carolina Law Says

South Carolina law requires drivers to exercise due care to avoid striking pedestrians and to yield the right of way at marked crosswalks. S.C. Code Ann. § 56-5-3130 requires drivers to yield to pedestrians in crosswalks; § 56-5-3140 prohibits pedestrians from suddenly leaving a curb when a vehicle is approaching closely enough to make it impossible for the driver to yield. Both drivers and pedestrians share duties, which means pedestrian injury cases often involve disputed comparative fault.

South Carolina’s 51% modified comparative negligence rule applies: a pedestrian who is partially at fault — jaywalking, crossing against a signal, or stepping into traffic — can still recover as long as their share of fault does not exceed the driver’s. However, each percentage point of fault attributed to the pedestrian reduces their recovery by that percentage.

Your Rights and Options

After a pedestrian accident in Charleston, the most important immediate steps are:

• Call 911 — a police report establishes the official account of what happened.
• Accept emergency medical care. Head injuries, internal bleeding, and spinal damage are not always immediately obvious.
• Document the scene if physically able — photographs of the vehicle, the crosswalk or intersection, traffic controls, and your injuries.
• Get witness names and contact information before people disperse.
• Identify whether the vehicle was a commercial vehicle, rideshare vehicle, or government-owned — this affects which insurer is involved and what claims process applies.

If the driver was uninsured or fled the scene, your own uninsured motorist (UM) coverage may provide a recovery avenue. South Carolina requires insurers to offer UM coverage, and accepting it at the time you purchase auto insurance is important even if you do not own a vehicle.

What This Means for Charleston Residents

Pedestrian injury claims in South Carolina can involve disputed fault, complex insurance questions, and serious long-term injuries. The tourist nature of downtown Charleston means the at-fault driver may not be a South Carolina resident, which adds complexity to the claims process. Speaking with a Charleston personal injury attorney early allows you to understand your rights and options before the other party’s insurer builds its case.

This article is for general informational purposes and is not legal advice. You can request a paid legal opinion or contact Traywick Law to discuss your pedestrian accident case.