Aerial view of a city with a central historic capitol building surrounded by greenery and modern high-rise buildings on a clear day

South Carolina Injury Blog

Whetstone Perkins & Fulda are dedicated to helping traumatic injury and accident victims across Columbia and throughout South Carolina recover for their car accident, truck accident, and serious injury claims.

Schedule a Consultation Browse Case Results

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.

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 Whetstone Perkins & Fulda could review your case and offer guidance on your legal options. Call today to schedule your consultation.

Pathway through a green lawn with trees leading to two large classical-style government buildings under a blue sky

Let’s Get Started

During your free consultation, we encourage you to ask the questions you have on your mind, so that you can decide whether to move forward with a case represented by our experienced attorneys. Examples of questions you may want to ask include:

  • Do you think I have a case?
  • How much compensation do you think I might be able to recover?
  • How long do you think it will take to resolve my case?
  • What will be required of me during the process?
  • Do you think my case will go to trial?

Because of our attorneys’ years of experience in the courtroom, we can pursue all avenues of recovering compensation. We will not rest until we get the best possible results for you.

Get In Touch With Columbia Personal Injury Attorneys

For a free consultation with the passionate and committed Columbia personal injury lawyers at Whetstone Perkins & Fulda, please call us today.

Disclaimer Agreement