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Johnathan MThe Risk of Being a Pedestrian in Greenville
Greenville is expanding fast with new downtown restaurants, mixed-use developments, and growing neighborhoods. While exciting, this progress means more pedestrians are sharing roads with vehicles. Drivers, however, don’t always slow down.
The statistics are alarming. Over the past decade, Greenville County reported 185 pedestrian deaths and 1,021 injuries from vehicle crashes. South Carolina holds the highest pedestrian fatality rate nationwide. This is tied to driving habits and infrastructure gaps that put people at risk every day.
Greenville County also tops South Carolina’s traffic collision charts, averaging about 16,640 crashes annually. Whether crossing Main Street, walking by a school, or navigating a parking lot, a single moment of driver distraction can be dangerous.
Frequent Locations for Pedestrian Accidents in Greenville
Some areas in Greenville have higher incidences of pedestrian accidents. Recognizing these hotspots highlights the predictability and preventability of many incidents.
Downtown Main Street and the West End: Known for heavy foot traffic, particularly on weekend nights, drivers turning on red or leaving parking decks often overlook pedestrians in crosswalks.
School zones: Peak drop-off and pick-up hours bring distracted parents, buses, and children on foot. Speeding in these zones ranks among the most reckless actions a driver can take.
Parking lots: Whether at shopping centers or medical facilities, drivers still owe pedestrians a duty of care. Low speeds do not eliminate the risk of serious injury.
Busy arterials: Roads like Wade Hampton Boulevard, Woodruff Road, Laurens Road, and North Pleasantburg Drive carry fast-moving traffic with few safe crossing points.
Residential intersections: Even where no lines are painted, South Carolina law acknowledges unmarked crosswalks at intersections. Many drivers fail to yield here, endangering pedestrians.
Common Causes of Pedestrian Accidents
Pedestrian accidents happen for reasons. Often, a driver’s choice or lapse in judgment causes harm.
Distracted driving: This is among the leading causes. Whether glancing at a phone, adjusting music, or reaching for a snack, drivers can miss seeing a pedestrian entirely. Instances of collisions caused by inattentive motorists are on the rise with smartphone usage.
Failure to yield at crosswalks: South Carolina law mandates drivers yield to pedestrians in crosswalks under § 56-5-3130, yet many drivers ignore this, especially when rushing.
Turning vehicles: Left or right turns where drivers focus on finding traffic gaps, often result in them forgetting to check for pedestrians.
Speeding: The faster a vehicle goes, the less reaction time a driver has, increasing injury severity when a collision happens.
Impaired driving: Alcohol and drugs impair reaction time and judgment. When an impaired driver is involved, such cases may lead to claims for punitive damages in South Carolina.
Nighttime conditions: Many pedestrian accidents occur after dark. Drivers not adjusting speed or attention for reduced visibility act negligently.
Types of Pedestrian Injuries
Pedestrians lack protection from the force of a vehicle. There are no seat belts, airbags, or crumple zones. The human body bears the full impact, with often severe results.
Common pedestrian accident injuries include:
Traumatic brain injury (TBI): Impact with the pavement or vehicle can lead to concussions or permanent brain damage.
Spinal cord injuries: These can result in partial or complete paralysis.
Broken bones: Fractures to legs, pelvis, and ribs are typical and may require surgery and extensive physical therapy.
Internal organ damage: Blunt force can rupture organs and cause invisible internal bleeding.
Death: Pedestrian accidents are highly fatal. If a loved one passed away, South Carolina law permits pursuing a wrongful death claim.
These injuries create significant medical costs, lost income, and lasting pain, all of which deserve fair compensation.
South Carolina Laws Governing Pedestrian Accident Cases
Driver Responsibilities
South Carolina Code § 56-5-3130 requires drivers to yield to pedestrians in both marked and unmarked crosswalks, wherever intersections exist. A driver failing to yield and hitting a pedestrian violates the law, providing powerful evidence of negligence in your case.
Beyond crosswalks, § 56-5-3150 obligates drivers to exercise due care to avoid hitting pedestrians on any roadway, regardless of official right of way.
Pedestrian Responsibilities
Pedestrians in South Carolina must obey traffic signals, use crosswalks when available, and avoid stepping into the path of cars too close to stop. Insurance companies aware of these rules may use them to argue the accident was your fault. Don’t presume you have no case based solely on an adjuster’s assertions.
Comparative Negligence and the 51% Rule
South Carolina employs a modified comparative negligence system under § 15-38-15. You can recover damages as long as you are less than 51% at fault. Your compensation decreases by your fault percentage. If you are 20% at fault and damages total $200,000, you receive $160,000.
Insurers will attempt to attribute maximum fault to pedestrians to cut their payouts. An attorney armed with solid evidence can effectively counter this tactic.
Hit-and-Run Situations
If the driver leaves the scene, you aren’t without options. Your uninsured motorist (UM/UIM) coverage may cover injuries. South Carolina mandates insurers offer UM/UIM coverage, which can be pivotal in hit-and-run cases.
Filing Deadlines
You have up to three years from the accident to file a personal injury lawsuit under § 15-3-530. Missing this deadline forfeits your right to sue. If the accident involves a government entity, a six-month notice requirement applies via the SC Tort Claims Act.
Steps to Take After a Pedestrian Accident
Actions following a pedestrian accident significantly affect your case’s outcome.
Get medical help immediately: Some injuries, like TBIs or internal bleeding, may not show symptoms initially. Medical records directly link injuries to the crash.
Call the police: A police report identifies the driver and details the crash. Get a copy once it’s available.
Gather evidence: If possible, photograph the vehicle, driver information, road conditions, and your injuries. Collect bystander contact info.
Avoid recorded statements: Insurance adjusters may ask questions that minimize your claim. Speak with an attorney first.
Keep records: Save medical bills, receipts, and notes. Document missed workdays and how injuries impact your life.
Contact a pedestrian accident attorney promptly: Evidence can disappear, witnesses relocate, and surveillance footage overwrites quickly.
How John Crangle Assists You
A thorough examination of driver conduct, traffic conditions, witness statements, surveillance footage, and medical records is vital in pedestrian accident cases. John Crangle, well-versed in serious personal injury cases in Greenville County, understands insurance companies’ strategies to reduce claims.
John’s straightforward approach includes investigating the incident, identifying compensation sources, building a solid evidence-based case, and negotiating assertively. If an insurance company refuses a fair offer, he will take the case to court.
Crangle Law assists clients across Greenville County and neighboring areas, such as Simpsonville, Mauldin, Greer, Easley, Travelers Rest, Anderson, and Spartanburg. Pedestrian injuries are serious, and you deserve an attorney who evaluates them accordingly.
If injured while walking in Greenville, don’t settle for less than you deserve. Get a free case review with John Crangle to explore your options.