Being hit by a car changes everything in a matter of seconds — your health, your ability to work, your sense of safety just walking down a street you’ve walked a hundred times before.
If you were struck by a vehicle anywhere in the Charleston area, a Charleston pedestrian accident lawyer at Ty Robinson Personal Injury & Car Accident Law Firm is ready to fight for the compensation you need to move forward.
We represent pedestrians injured in crosswalks, parking lots, intersections, and along busy roads throughout North Charleston, West Ashley, Summerville, and the tri-county area. Pedestrian injuries are almost always severe because there is nothing between you and a moving vehicle. The medical bills reflect that, and so should your claim.
89% of our cases start as emergencies. Call Ty Now at (843) 278-2222 or contact us online.
Why Do I Need a Pedestrian Accident Lawyer in Charleston?
Insurance companies treat pedestrian claims differently than car-on-car crashes. Without a vehicle to inspect and a policy of your own in play, adjusters often try to shift blame onto you. They may argue you were jaywalking, distracted, or outside a crosswalk.
A pedestrian accident attorney at Ty Robinson Personal Injury & Car Accident Law Firm knows how insurance companies operate and how to counter their tactics to protect the value of your case.
Should I Negotiate With the Insurance Company on My Own?
You are not required to obtain legal representation after suffering a serious injury, but the data backs up the difference a lawyer makes. A major ongoing study of personal injury outcomes, published by Forbes, found that victims with legal representation secured roughly three times the net compensation of those who handled claims on their own, even after attorney fees.
The same research found that those who worked with a lawyer had a 91% success rate in resolving their claims, compared to 51% for those who went it alone.
Pedestrian cases carry high medical costs, long recovery timelines, and aggressive fault disputes. Insurance companies usually try to talk to the injured person before they’ve had a chance to talk to a lawyer and find out how much their claim is worth. They know you may be in a vulnerable position with missed work and costly medical bills, and may offer you a settlement to cover those basic expenses.
Our Charleston pedestrian injury lawyers calculate the full extent of your damages so you aren’t left paying out of pocket for unexpected expenses in the future. We handle the insurance fight, the evidence, and the legal strategy so you can invest your time and energy in your recovery.
Who Is at Fault When a Pedestrian Gets Hit by a Car in South Carolina?
South Carolina law requires drivers to yield to pedestrians in all crosswalks, including unmarked crosswalks, which exist at every intersection in the state.
Drivers also have a general duty to exercise due care to avoid hitting pedestrians at all times, regardless of where the person is walking.
That said, fault is not always clear-cut. South Carolina’s modified comparative negligence rule allows insurance companies to argue that the pedestrian shares responsibility.
| Scenario | How Fault Typically Works |
|---|---|
| Pedestrian hit in a marked crosswalk | The driver is almost always at fault for failing to yield. |
| Pedestrian hit at an intersection with no painted lines | The driver still must yield. Unmarked crosswalks are legally the same as crosswalks with painted lines. |
| Pedestrian crossing outside a crosswalk | The pedestrian must yield to vehicles, but the driver still has a legal duty to exercise caution around pedestrians. |
| Pedestrian darted into traffic suddenly | The insurance company will argue the pedestrian is primarily at fault. |
| Driver was speeding, distracted, or impaired | The driver’s negligence strengthens the pedestrian’s claim, regardless of the location. |
What Comparative Negligence Means for Your Claim
South Carolina’s 51% bar rule means you can still recover compensation even if you were partly at fault, as long as your share of responsibility stays below 51%. Your award is reduced by your fault percentage. If you were 20% at fault for a $100,000 claim, you would receive $80,000.
Insurance adjusters push hard to inflate the pedestrian’s fault percentage because every point they add reduces what they pay. Our job is to build the evidence that keeps your percentage as low as possible or eliminates it entirely.
Call Ty Robinson now at (843) 278-2222 or contact us online for a free case review.
What Types of Pedestrian Accident Cases Does Ty Robinson Handle?
Pedestrian crashes happen in a wide range of situations across the Charleston area, and the legal approach depends on the specific circumstances. Our Charleston pedestrian accident attorney handles cases involving all of the following.
- Crosswalk and intersection accidents: including crashes at busy corridors like King Street, Meeting Street, and the Calhoun Street intersections downtown
- Hit-and-run pedestrian accidents: where the driver fled the scene. We pursue uninsured motorist claims and work with law enforcement to identify the driver.
- Parking lot accidents: at shopping centers, grocery stores, and hospital parking areas, where premises liability may also apply
- Distracted or impaired driver accidents: including texting drivers, drunk drivers carrying potential dram shop liability, and drivers impaired by drugs
- Accidents involving children, which carry distinct damage calculations and heightened duty-of-care standards
- Rideshare-related pedestrian accidents: where an Uber or Lyft driver strikes a pedestrian, triggering the rideshare company’s insurance coverage
Whether you were hit crossing Rivers Avenue in North Charleston, walking through a West Ashley shopping center, or struck near the I-26 corridor, we have the local knowledge and legal experience to build your case in the right jurisdiction — Charleston County’s 9th Judicial Circuit, Dorchester County, or Berkeley County.
What Compensation Can a Pedestrian Accident Victim Recover in Charleston?
Pedestrian injuries tend to be more severe than those in typical car accidents because there is no barrier between your body and the vehicle. The compensation available reflects that severity.
Economic Damages
These are the measurable financial losses from the crash — emergency room treatment at a local facility such as MUSC Health, Trident Medical Center, or Roper St. Francis, follow-up surgeries, physical therapy, prescription costs, lost wages, reduced future earning capacity, and any assistive devices or home modifications needed during recovery.
Non-Economic Damages
These cover the personal impact — pain and suffering, emotional trauma like PTSD and anxiety, permanent scarring or disfigurement, loss of enjoyment of life, and the strain on your closest relationships.
Punitive Damages
In cases involving extreme recklessness, such as a drunk driver hitting a pedestrian, South Carolina allows punitive damages on top of your standard compensation. These require proof of willful, wanton, or reckless conduct and are meant to punish particularly dangerous behavior.
South Carolina gives pedestrian accident victims three years from the date of the crash to file a personal injury lawsuit. Fatal pedestrian accidents carry the same three-year deadline for wrongful death claims. Waiting may reduce the strength of your case because evidence fades and witnesses become harder to locate.
Ask Ty Robinson About Your Charleston Pedestrian Accident Claim
Q: Should I file a claim or get a lawyer first after being hit by a car?
A: Consult a lawyer first. The driver’s insurance company will contact you quickly, and anything you say, even casually, can be used to reduce your claim. An attorney at Ty Robinson Personal Injury & Car Accident Law Firm handles those communications for you, files the claim properly, and makes sure nothing you do early on hurts your case later.
Q: How long does a pedestrian accident settlement take in South Carolina?
A: It depends on how severe your injuries are, whether the insurance company disputes fault, and other factors unique to your case. Straightforward cases with clear liability may settle in months. Cases involving serious injuries, disputed negligence, or multiple liable parties can take longer. We work to resolve every case as efficiently as possible without leaving money on the table.
Q: What if the driver who hit me didn’t have insurance?
A: You may still have options. If you carry uninsured motorist (UM) coverage on your own auto policy, that coverage can apply even though you were on foot when you were hit. South Carolina requires insurers to offer UM coverage, and many drivers carry it without realizing it covers pedestrian situations, too. Our attorneys review every available policy to find coverage.
Q: Can I recover damages if my child was hit by a car in Charleston?
A: Yes. South Carolina law holds drivers to a heightened duty of care around children because children are less able to judge traffic dangers. A parent or guardian files the claim on the child’s behalf, and damages can include current medical expenses, future medical needs, pain and suffering, and long-term impact on the child’s quality of life.
Why Charleston Pedestrian Accident Victims Choose Ty Robinson
Our North Charleston office serves the communities where pedestrian accidents happen most — along the I-26 corridor, on Rivers Avenue, and throughout the neighborhoods where people walk to work, school, and the store every day. This is local representation from a team that knows these streets and these courts.
We provide:
- Immediate emergency response: 89% of our cases start as emergencies, and we respond accordingly.
- Full property damage support: If your personal belongings were damaged in the crash, our dedicated team handles those claims alongside your injury case.
- Contingency fee basis: You pay nothing unless we win. No retainer, no hourly billing, no upfront cost.
- Trial-ready case preparation: We build every case as if it’s going to court, which gives us real leverage at the negotiation table.
- 5.0 Google rating: Our track record speaks through our clients’ own words.
We handle pedestrian accident cases in Charleston County, Dorchester County, and Berkeley County. Whether the crash happened in a crosswalk on King Street, a parking lot in Summerville, or along US-17 in West Ashley, our team is ready.
Frequently Asked Questions About Pedestrian Accident Claims in Charleston
Can I still get compensation if I was crossing outside a crosswalk when I was hit?
Yes, but the driver’s insurer will argue you share fault. South Carolina’s comparative negligence rule still allows recovery as long as your fault is under 51%. Even outside a crosswalk, drivers owe a duty of care to avoid hitting pedestrians. Our attorneys build the evidence to counter attempts to pin blame unfairly on you.
What if the driver who hit me fled the scene?
Hit-and-run pedestrian cases are pursued through uninsured motorist claims on your own auto insurance policy, if you carry UM coverage. We also work alongside law enforcement efforts to identify the driver through surveillance footage, witness accounts, and vehicle damage evidence./
Do I need my own car insurance to file a pedestrian accident claim?
No. Your claim is filed against the driver who hit you and their auto insurance policy. Your own auto insurance only becomes relevant if the driver was uninsured or underinsured and you carry UM/UIM coverage.
What kinds of injuries do pedestrian accident victims typically suffer?
Pedestrian crashes commonly cause traumatic brain injuries, broken bones, spinal cord damage, internal organ injuries, severe road rash, and permanent scarring. Because there’s no vehicle barrier protecting you, injuries tend to be more severe than in car-on-car accidents, even at lower speeds.
How much does it cost to hire a pedestrian accident lawyer in Charleston?
Nothing upfront. Ty Robinson Personal Injury & Car Accident Law Firm handles pedestrian accident cases on a contingency fee basis. We only get paid if we recover compensation for you. Your consultation is free.
What if the driver was drunk when they hit me?
A drunk driver who strikes a pedestrian can face both criminal charges and a civil injury claim. In your civil case, South Carolina allows punitive damages when the driver’s conduct was willful or reckless. We also investigate potential dram shop liability against the bar or restaurant that may have overserved the driver before the crash.
Can a tourist injured as a pedestrian in Charleston file a claim here?
Yes, South Carolina courts have jurisdiction over accidents that happen in the state, regardless of where the victim lives. Our firm represents out-of-state visitors and manages cases remotely when needed, so you don’t have to travel back to Charleston to pursue your claim.
Talk to a Charleston Pedestrian Accident Lawyer About Your Case Today
A pedestrian accident leaves you facing serious injuries, overwhelming bills, and an insurance company that knows how to add insult to injury. Adjusters look for every way to pay you less. You shouldn’t be left to deal with that frustration and stress when trying to recover.
Ty Robinson Personal Injury & Car Accident Law Firm represents pedestrian accident victims across Charleston, North Charleston, West Ashley, Summerville, Johns Island, Goose Creek, and the entire tri-county area. We can handle your injury claim and any related property damage from the first call, and we never charge a fee unless we win.
Call Ty Now at (843) 278-2222 or contact us online for a free consultation.
Results in personal injury cases depend on the specific facts and circumstances of each case. Past outcomes do not guarantee similar results.