Pedestrians have no protection when a vehicle strikes them. Unlike drivers surrounded by steel and airbags, a person on foot absorbs the full force of a collision, which is why pedestrian accidents so often result in broken bones, spinal injuries, traumatic brain injuries, and worse. If you or someone you love was hit by a car in Greenville, a Greenville pedestrian accident lawyer can help you understand your legal rights and pursue the compensation you deserve.
Most people who are hit by a vehicle did nothing wrong. They were walking through a crosswalk, stepping off a curb, or moving along a sidewalk when a distracted, speeding, or reckless driver failed to pay attention. The injuries that follow can change a person’s life in an instant, and the road to recovery can be long and expensive. A pedestrian accident attorney in Greenville can help make sure you are not left carrying that burden alone.
At South Carolina Personal Injury Attorneys LLC, we represent pedestrians who have been hurt through no fault of their own in Greenville and throughout Upstate South Carolina. If you were struck by a vehicle and need guidance on what to do next, call us at (864) 990-0904 or fill out our contact form to schedule a free consultation. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Why Pedestrian Accidents Are Especially Serious in Greenville
Greenville has grown rapidly over the past decade, and with that growth has come more traffic on roads that were not always built with pedestrians in mind. Major corridors like Woodruff Road, Wade Hampton Boulevard, Augusta Road, and the areas surrounding downtown Greenville see heavy vehicle traffic alongside steady foot traffic from residents, workers, and visitors. That combination creates real risk.
When a vehicle hits a person on foot, the physics of the impact are devastating. Even a vehicle traveling at relatively low speeds can cause fractures, internal bleeding, head injuries, and permanent disability. At higher speeds, pedestrian accidents are frequently fatal. These cases are among the most serious personal injury matters handled by any Greenville pedestrian accident attorney.
South Carolina data consistently shows that pedestrian fatalities represent a significant share of all traffic deaths in the state each year. Greenville County, given its size and growth rate, sees a meaningful number of these incidents. When they happen because a driver was negligent, injured pedestrians and their families have the right to hold that driver accountable.
Common Causes of Pedestrian Accidents in Greenville, SC
Many pedestrian accidents in Greenville share similar root causes, nearly all of which trace back to driver behavior rather than pedestrian error.
- Distracted driving – A driver looking at a phone, adjusting the radio, or talking to passengers may not notice a person stepping into a crosswalk or walking along the shoulder.
- Failure to yield at crosswalks – South Carolina law requires drivers to stop for pedestrians in marked and unmarked crosswalks. Many drivers ignore this rule entirely.
- Speeding – Higher vehicle speeds reduce the time a driver has to react and dramatically increase the severity of injuries when a pedestrian is struck.
- Impaired driving – Alcohol and drug-impaired drivers have reduced reaction times and impaired judgment, making them far more likely to hit pedestrians.
- Running red lights or stop signs – Intersection violations are a leading cause of pedestrian strikes, particularly in high-traffic areas of Greenville.
- Poor visibility conditions – Nighttime driving, heavy rain, and areas with poor street lighting raise the risk of accidents, especially when drivers are not adjusting their behavior accordingly.
- Backing vehicles – Drivers reversing out of parking spots or driveways may fail to check behind them before moving, striking pedestrians who cannot be seen in mirrors.
Understanding what caused your accident matters because it directly affects how a pedestrian accident lawyer in Greenville will build your case and identify who is legally responsible.
Who Can Be Held Liable in a Greenville Pedestrian Accident Case
Most people assume that only the driver of the striking vehicle is responsible for a pedestrian accident. In some cases that is true, but liability can extend to other parties depending on the circumstances of the crash.
The driver is most often the primary defendant. If they were speeding, distracted, impaired, or violating traffic laws, they breached their duty of care to pedestrians. Under South Carolina law, all drivers owe a duty of reasonable care to others on the road and on foot near roadways.
In some cases, additional parties share responsibility. An employer may be liable if the driver was working at the time of the crash and caused the accident in the scope of their employment. A vehicle manufacturer could bear responsibility if a mechanical defect, such as brake failure, contributed to the collision. A government entity may also be responsible if poor road design, missing signage, broken traffic signals, or inadequate crosswalk markings played a role in the accident. Your Greenville pedestrian accident lawyer will investigate all possible sources of liability to make sure no responsible party is overlooked.
South Carolina Laws That Protect Pedestrians
South Carolina law provides specific protections for pedestrians, and understanding those protections can help clarify your rights after an accident.
Under S.C. Code § 56-5-3130, drivers must yield the right of way to pedestrians crossing in marked crosswalks or at intersections. This applies whether or not a traffic control signal is present. Failing to yield in these situations is a violation of state law and can be used as evidence of driver negligence in a personal injury claim.
South Carolina also follows a modified comparative negligence rule under S.C. Code § 15-38-15. This means that even if you were found to be partially at fault for the accident, you can still recover compensation as long as you were not more than 50% responsible. However, any compensation you receive will be reduced by your percentage of fault. For example, if you are found 10% responsible and your damages total $100,000, you would recover $90,000. Additionally, South Carolina’s general personal injury statute of limitations under S.C. Code § 15-3-530 gives most injured people three years from the date of the accident to file a lawsuit. Missing this deadline typically means losing your right to recover anything at all.
What Compensation Can a Pedestrian Accident Victim Recover
The compensation available in a pedestrian accident case is meant to cover the full impact of the injury on the victim’s life. Because pedestrian injuries are often severe, the recoverable damages in these cases can be substantial.
Economic damages cover measurable financial losses. These include emergency room treatment, hospitalization, surgery, rehabilitation, physical therapy, prescription medications, and any ongoing medical care your injuries require in the future. If your injuries kept you from working, lost wages are also recoverable, as is the loss of future earning capacity if you cannot return to the same type of work.
Non-economic damages address losses that do not come with a receipt but are equally real. Physical pain, emotional suffering, permanent scarring or disfigurement, loss of enjoyment of life, and the impact of a disabling injury on your daily routines and relationships all fall into this category. In cases where the driver’s conduct was especially reckless, such as driving under the influence or fleeing the scene, punitive damages may also be available under S.C. Code § 15-32-530 to punish that behavior and deter similar conduct in the future.
How the Pedestrian Accident Claims Process Works in Greenville
Pursuing a pedestrian accident claim involves several stages, and knowing what to expect at each one can make the process less stressful and help you make informed decisions along the way.
Seek Emergency Medical Treatment
Your health comes first. Even if you feel you can walk away from the scene, pedestrian accident injuries often include internal damage, concussions, or soft tissue trauma that does not show immediate symptoms. Get examined by a medical professional as soon as possible after any accident.
Prompt medical treatment also creates a direct connection between the accident and your injuries. Insurance companies look for gaps in treatment as a reason to argue that injuries were not caused by the crash or were not as serious as claimed. Consistent medical care protects both your health and your legal case.
Document the Scene and Report the Accident
If you are physically able, gather as much information at the scene as possible. Take photos of the vehicle, the road, the crosswalk or intersection, your injuries, and any skid marks or debris. Get the driver’s name, insurance information, and license plate number.
Call 911 to report the accident so there is an official police report. This document becomes an important piece of evidence in your claim. Note the names and contact information of any witnesses before they leave the area.
Contact a Greenville Pedestrian Accident Lawyer
Reaching out to a pedestrian accident attorney in Greenville early in the process gives your case a much stronger foundation. An attorney can advise you on communications with insurance companies, help preserve evidence, and begin the investigation while details are still fresh.
Most attorneys, including our team at South Carolina Personal Injury Attorneys LLC, offer free consultations. This is a no-risk way to understand your legal options before making any decisions about how to proceed.
Investigation and Evidence Gathering
Your attorney will collect all available evidence to establish what happened and who was responsible. This includes the police report, medical records, surveillance footage from nearby businesses or traffic cameras, witness statements, and any available data from the driver’s vehicle.
In complex cases, your Greenville pedestrian accident lawyer may work with accident reconstruction specialists or medical experts to build a stronger picture of how the crash occurred and the full extent of your injuries.
Filing the Claim and Negotiating a Settlement
Once the investigation is complete and your injuries are sufficiently documented, your attorney will file a claim with the at-fault driver’s insurance company and submit a demand for compensation. The insurance company will review the claim and typically respond with an initial offer.
Initial offers from insurance companies are often lower than the actual value of the claim. Your attorney will negotiate on your behalf to push for a settlement that fairly reflects your medical costs, lost income, pain, and future needs.
Filing a Lawsuit if Necessary
If the insurance company refuses to offer a fair settlement, your attorney may recommend filing a personal injury lawsuit in Greenville County. This step signals that you are prepared to let a court decide the outcome and often leads insurance companies to reconsider their position.
Your attorney handles all aspects of litigation, including pleadings, discovery, depositions, pre-trial motions, and the trial itself. Most cases still settle before reaching a jury verdict, but being ready and willing to go to trial is often what produces the best outcomes.
Reaching a Resolution
Your case concludes with either a negotiated settlement or a court judgment. Before signing any agreement, your attorney will review the terms with you in detail to make sure you understand what you are accepting and that your interests are fully protected.
Once a settlement is signed, you typically cannot pursue additional compensation for the same accident, so it is important that the final amount accounts for both current and future losses.
What to Do After a Pedestrian Accident in Greenville
The actions you take in the hours and days following a pedestrian accident can have a real impact on your case. Here are the most important steps to take.
- Call 911 immediately so police and emergency medical services respond to the scene
- Accept medical treatment at the scene and follow up with a doctor even if you feel you can manage
- Take photographs of the scene, vehicle, your injuries, and any contributing road hazards
- Collect contact and insurance information from the driver
- Identify and note the names and phone numbers of any witnesses
- Avoid giving a recorded statement to any insurance company before speaking with an attorney
- Do not post about the accident on social media
- Keep all medical bills, pharmacy receipts, and records related to your treatment
- Write down your own account of what happened as soon as you are able
These steps help preserve evidence and protect your legal rights while your attorney builds your case.
Injuries Commonly Seen in Greenville Pedestrian Accidents
Pedestrian accidents produce some of the most severe injuries seen in any category of personal injury law. The human body simply has no defense against the force of a moving vehicle.
- Traumatic brain injuries – Including concussions, skull fractures, and long-term cognitive impairment caused by the head striking the vehicle or the ground
- Spinal cord injuries – Which can result in partial or complete paralysis and permanent disability
- Broken and fractured bones – Particularly in the legs, hips, arms, and pelvis from direct impact
- Internal organ damage – Including internal bleeding that may not be immediately apparent at the scene
- Soft tissue injuries – Torn ligaments, damaged tendons, and severe muscle trauma that can require surgery and extended rehabilitation
- Facial injuries and lacerations – Caused by contact with the vehicle hood, windshield, or pavement
- Amputations – In severe crashes, limb loss may occur at the scene or may be necessary later due to crush injuries
Many of these injuries require months or years of treatment. Some result in permanent disability. The compensation your pedestrian accident lawyer in Greenville pursues must account for the long-term reality of living with these injuries, not just the immediate costs.
Frequently Asked Questions About Pedestrian Accident Cases in Greenville
How long do I have to file a pedestrian accident lawsuit in South Carolina?
Under S.C. Code § 15-3-530, most personal injury lawsuits in South Carolina must be filed within three years of the date of the accident. If you miss this deadline, courts will typically refuse to hear your case, and you will lose your right to recover compensation entirely. There are limited exceptions in cases involving minors or claims against government entities, but the safest course of action is to contact a Greenville pedestrian accident attorney as soon as possible after the accident.
What if the driver who hit me did not have insurance?
South Carolina law requires drivers to carry liability insurance, but not every driver follows the law. If the driver who struck you was uninsured or did not carry enough coverage to compensate you fully, you may be able to recover through your own uninsured or underinsured motorist coverage under S.C. Code § 38-77-150. Your attorney can review all available insurance policies, including your own, to identify every possible source of compensation.
Can I still recover compensation if I was partly at fault for the accident?
Yes, in most cases. South Carolina’s modified comparative negligence rule allows you to recover damages as long as you are found to be 50% or less at fault for the accident. If you are found to share some responsibility, your total compensation is reduced proportionally by your percentage of fault. Insurance companies often try to assign blame to pedestrians unfairly, which is one reason having a pedestrian accident lawyer in Greenville on your side from the beginning matters.
How much is my pedestrian accident case worth?
The value of your case depends on many factors, including the severity of your injuries, the cost of your medical treatment, whether you lost income during recovery, the long-term impact on your ability to work and live normally, and the strength of evidence showing the driver was at fault. No attorney can honestly give you a precise dollar figure before reviewing your medical records and the details of your accident, but a Greenville pedestrian accident lawyer can give you a realistic assessment after that review.
Should I speak with the at-fault driver’s insurance company?
It is generally best not to give a recorded statement or accept any early settlement offer from the other driver’s insurance company without first consulting an attorney. Insurance adjusters are trained to gather information that can reduce the value of your claim. Once a settlement is accepted and signed, you cannot go back for additional compensation if your medical situation worsens or new costs emerge.
How much does it cost to hire a pedestrian accident attorney in Greenville?
At South Carolina Personal Injury Attorneys LLC, we handle pedestrian accident cases on a contingency fee basis. This means there are no upfront attorney fees and no out-of-pocket costs to get started. We only get paid if we recover compensation for you. Your initial consultation is completely free, so there is no financial risk in reaching out to discuss your case.
Contact a Greenville Pedestrian Accident Lawyer Today
Being struck by a vehicle is a traumatic experience that can leave lasting physical, emotional, and financial damage. You should not have to fight an insurance company on your own while also trying to recover from serious injuries. South Carolina Personal Injury Attorneys LLC represents pedestrian accident victims in Greenville and across Upstate South Carolina, and we are ready to help you pursue the full compensation the law allows.
Call us today at (864) 990-0904 or fill out our online contact form to schedule your free consultation. There are no upfront costs, no hourly fees, and you pay nothing unless we win your case.