Can I File a Pedestrian Claim If I’m Not in a Crosswalk?

Jaywalking is a common act, something that pedestrians often don’t think twice about when it comes to saving time. However, if a pedestrian gets struck by a car while jaywalking, this fact may affect the pedestrian’s right to compensation. In this blog, our attorneys explore how a pedestrian accident that occurs outside of a sidewalk affects potential legal options.

Is Jaywalking Legal in South Carolina?

Jaywalking is illegal in South Carolina. According to traffic regulations in South Carolina, pedestrians are prohibited from stepping off the curb and crossing into the trajectory of a vehicle due to the potential for an “immediate hazard.” Law enforcement can issue charges for jaywalking that typically carry a fine of around $25 dollars.

How Jaywalking Affects Potential Claims

While pedestrians have rights on the road, jaywalking often leads to shared liability or comparative fault in accidents. South Carolina follows a modified comparative fault system, meaning if a pedestrian’s actions, such as jaywalking, contribute to an accident, it can affect their ability to recover damages.

If the pedestrian’s jaywalking is deemed a contributing factor, their compensation might be reduced based on the percentage of fault assigned to them. However, this doesn’t absolve drivers of their responsibility to exercise due care for pedestrians. Even if a pedestrian jaywalks, drivers are expected to maintain caution and attempt to avoid collisions.

When a pedestrian is involved in an accident while jaywalking, they may still be able to recover damages if they can prove the driver also contributed to the crash. For example, the driver may have been texting at the time and could have avoided hitting the pedestrian had they been paying attention to the road. Working with an accident attorney is crucial to gathering evidence that may tip the scales in an injured pedestrian’s favor.

A Pedestrian Accident Attorney Understands How Jaywalking Affects Claims

We understand that jaywalking may often save you time, but it puts you at risk of severe harm. If you were involved in a car accident but are unsure of your rights as a pedestrian, our experienced lawyers at WPF could review your case and offer guidance on your legal options. Call today to schedule your consultation.

Whetstone Perkins & Fulda