Charleston Pedestrian Accident Lawyer
Charleston’s 9th-Deadliest Roads. Two Attorneys Who Know How to Fight Back.
Pedestrian accidents leave victims facing serious injuries, mounting medical bills, and a claims process built to minimize what they recover. At Romeo Deters, we offer free consultations, are available 24/7, and can meet with you virtually. Our attorneys are ready to guide you through every step of the legal process and fight for the full compensation you may be entitled to pursue.
Don’t navigate this alone. Call (843) 396-8768 today to speak with a Charleston pedestrian accident attorney and learn your options at no cost.
South Carolina Pedestrian Law & Driver Liability
South Carolina law places clear obligations on drivers to protect pedestrians. Under S.C. Code 56-5-3130, drivers must yield the right of way to pedestrians crossing within a crosswalk when traffic control signals aren’t in place or aren’t operating, and a driver approaching from the rear can’t overtake a vehicle that has stopped at a crosswalk to permit a pedestrian to cross. S.C. Code 56-5-3230 goes further, requiring every driver to exercise due care to avoid colliding with any pedestrian and to use proper precaution upon observing any child or any obviously confused, incapacitated, or intoxicated person near the roadway.
When a driver fails to meet these standards, South Carolina’s modified comparative negligence rule under S.C. Code 15-38-15 governs what an injured pedestrian can recover. You can still pursue compensation as long as you’re less than 51% at fault, but your recovery is reduced proportionally by your share of fault. Insurance companies know this rule well and routinely try to inflate the pedestrian’s assigned fault to reduce or eliminate payouts. We’re well versed in South Carolina pedestrian law and prepare every case from the outset to counter these fault-shifting tactics.
Injuries Pedestrian Accident Victims Face
Pedestrians have no physical protection in a collision, and the consequences are often severe and long-lasting.
Injuries commonly seen in these cases include:
- Fractures and broken bones from direct impact with a vehicle or the roadway
- Traumatic brain injuries (TBI) caused by head contact with the vehicle, ground, or other objects
- Spinal cord injuries that can result in partial or complete paralysis
- Soft tissue injuries including muscle tears, ligament damage, and deep bruising
- Lacerations and road rash requiring surgery or leaving permanent scarring
- Internal injuries involving organ damage that may not be immediately apparent
The physical and financial toll can be overwhelming. Our attorneys work to pursue full compensation for medical bills, lost wages, and pain and suffering so you can focus on recovering.
Driver Negligence Behind Charleston Pedestrian Accidents
Most pedestrian accidents aren’t random. They trace back to a specific failure by the driver. In Charleston, common causes include distracted driving such as phone use or eating, failure to yield at crosswalks, speeding, impaired driving, and failing to see pedestrians during left turns. Each represents a breach of the duty of care South Carolina law places on every driver.
How Dangerous Are Charleston Roads for Pedestrians?
The danger is well documented. The Charleston-North Charleston metro area ranked 9th deadliest in the nation for pedestrians in the Smart Growth America Dangerous by Design 2024 report, which analyzed data from 2018 to 2022. A Post and Courier analysis found that cars hit pedestrians almost every other day in Charleston County. From 2018 through September 2024, South Carolina Department of Public Safety data show more than 1,800 pedestrians and cyclists were injured and more than 150 were killed in Charleston County alone. More than half of those fatalities occurred on just five state-owned roads: Rivers Avenue, U.S. Highway 17, Dorchester Road, Ashley Phosphate Road, and Remount Road. Each is designed in ways that prioritize vehicle speed over pedestrian safety.
Emerging Hazards on Charleston Streets
Quiet hybrid and electric vehicles add a growing layer of risk in urban and mixed-use areas where pedestrians can’t hear an approaching vehicle. Hit-and-run incidents introduce additional complexity, though S.C. Code 56-5-1210 requires drivers to remain at the scene of any accident resulting in injury or death. Establishing the driver’s breach of duty is the foundation of every pedestrian accident case we build.
How We Investigate & Build Your Case
Christopher C. Romeo and Christopher P. Deters lead our personal injury practice with decades of combined experience, recognition from Best Lawyers and Super Lawyers, and membership in the Million Dollar Advocates Forum. Together, they’ve helped clients across South Carolina recover tens of millions of dollars. When you bring a pedestrian accident case to us, we prepare it as though it can go to trial. This creates real negotiating leverage with insurers.
Our Investigative Process
We gather police and crash reports, medical records, surveillance and dash cam footage, witness statements, accident reconstruction analysis, and the driver’s phone and driving records. Every key piece of evidence is documented before we enter settlement discussions.
Insurance, UIM Coverage, & Wrongful Death
We handle all communication with the at-fault driver’s insurance carrier on your behalf. Where applicable, we also pursue recovery through your own uninsured/underinsured motorist (UIM) coverage. In South Carolina, UIM coverage extends to pedestrians even when they aren’t in their own vehicle. This can be critical when the at-fault driver carries insufficient insurance. If a loved one was killed, surviving family members may have a separate wrongful death claim under South Carolina law, with a filing period of three years from the date of death under S.C. Code 15-3-530(6). When a government entity bears responsibility for unsafe road design or maintenance, claims may carry shorter notice requirements, making early contact with an attorney especially important.
Why Clients Choose Romeo Deters
We bring legal depth, personalized service, and genuine commitment to every client we represent.
What sets our team apart:
- Relentless Dedication: We leave no stone unturned, thoroughly investigating every aspect of your case to build the strongest possible argument on your behalf.
- Personalized Representation: Every case is unique. We take the time to understand your situation and develop a strategy tailored to your individual needs and goals.
- Transparent Communication: You’ll know where your case stands and what steps we’re taking.
- Contingency Fee Basis: You don’t pay unless we recover compensation for you, so you can pursue your rights without upfront costs.
From initial consultation through resolution, we’re with you every step of the way. Contact Romeo Deters today at (843) 396-8768 for a free consultation. Our Charleston pedestrian accident attorneys are ready to listen, advise, and act on your behalf.
TURNING ADVERSITY INTO ADVANTAGE
We Are Committed to Delivering Exceptional Representation, Laying the Groundwork for Measurable Results.
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$800K Settlement Carbon Monoxide Poisoning
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Federal Case Dismissed Commercial Litigation
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$5.125M Settlement Commercial Truck Accident
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$3.7M Settlement Construction Defect
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$15.46M Settlement Construction Defect
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$357K Settlement Construction Defect
Frequently Asked Questions About Pedestrian Accidents in Charleston
What Should I Do Immediately After a Pedestrian Accident?
Seek medical attention first, even if injuries aren’t immediately obvious. Report the accident to authorities, photograph the scene if you’re able, and collect contact information from any witnesses. Contact a pedestrian accident attorney before speaking with insurance adjusters. Early statements can be used against you, and an attorney can protect your position from the start.
How Can a Pedestrian Accident Attorney Help Me?
An attorney protects your rights, handles all communication with insurance carriers, gathers and preserves critical evidence, and provides strategic counsel throughout the claims process. We handle all necessary filings so nothing is missed and work to build the strongest possible case for the compensation you may be entitled to pursue.
How Common Are Pedestrian Accidents in Charleston?
Pedestrian accidents are a serious and documented problem here. The Charleston-North Charleston metro area ranked 9th deadliest in the nation for pedestrians in the Smart Growth America Dangerous by Design 2024 report. According to a Post and Courier analysis, cars strike pedestrians almost every other day in Charleston County, and South Carolina Department of Public Safety data show more than 1,800 pedestrians and cyclists were injured and more than 150 killed in the county between 2018 and September 2024.
What Compensation Can a Pedestrian Accident Victim Pursue?
Injured pedestrians may pursue compensation for medical expenses, lost wages, pain and suffering, and permanent disability or disfigurement. Surviving family members of a pedestrian killed in a crash may have a separate wrongful death claim. In cases involving reckless or egregious conduct, such as drunk driving, punitive damages may also apply.
How Long Do I Have to File a Claim in South Carolina?
South Carolina’s statute of limitations for personal injury claims is three years from the date of the accident under S.C. Code 15-3-530. Wrongful death claims carry a three-year period from the date of death under S.C. Code 15-3-530(6). Claims against government entities may carry shorter notice requirements, which is one reason contacting an attorney promptly matters.
What Evidence Is Most Important in a Pedestrian Accident Case?
Critical evidence includes the police report, witness statements, medical records, surveillance and dash cam footage, and accident reconstruction analysis. Physical evidence from the scene, such as skid marks and vehicle damage, can also be pivotal. The driver’s phone and driving records may establish distraction or a pattern of dangerous behavior. We work to gather and preserve this evidence before it disappears.
How Do Insurance Companies Try to Reduce Payouts?
Adjusters routinely exploit South Carolina’s 51% comparative fault threshold under S.C. Code 15-38-15, working to inflate the pedestrian’s assigned share of fault to shrink or eliminate the payout. Early recorded statements are a common tool used against claimants, and first settlement offers rarely reflect the full value of a claim. We build documented evidence of driver fault before any settlement discussions begin.
Can I Recover Compensation If I Wasn’t in a Crosswalk?
Yes. South Carolina’s modified comparative negligence rule allows recovery as long as you’re less than 51% at fault. Being outside a crosswalk may affect how fault is allocated, but it doesn’t automatically bar a claim. The driver still owed you a duty of care under S.C. Code 56-5-3230, and a failure to exercise that care can still constitute negligence.
What If the Driver Says They Didn’t See Me?
That isn’t a defense. Failing to keep a proper lookout is itself a form of negligence under South Carolina law. We investigate whether road conditions, lighting, vehicle speed, or driver distraction contributed to the failure to observe and use that evidence to establish breach of the driver’s duty of care.
