Car vs Pedestrian Accidents: Who is Responsible

The speed and weight of vehicles make pedestrian accidents a tragic combination. From January to June 2018, there were 74 pedestrian fatalities in South Carolina.

If you or a loved one suffer serious injuries in a pedestrian accident or another type of car collision, please don’t hesitate to call us for a free consultation by dialing 864-235-4999 or tapping the button below. You can also submit your free consultation request through our confidential online form.

Pedestrian Collisions Nationwide vs Local

According to the NY Times, since the Covid-19 pandemic began in 2020, there has been a rapid increase in the number of pedestrian deaths across the country.

Locally, Greenville has experienced an upsurge in pedestrian accidents.

In fact, beginning on September 14, 2019, three pedestrians were killed in a 24-hour period. On June 30, 2020, a female pedestrian and the driver were killed in an accident. The pedestrian was grabbing the mail when she was struck by the vehicle.

Drivers are required to travel at a reduced speed when approaching an intersection, railway grade crossing, curve, hillcrest, narrow bridge, winding roadway and when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. Failure to proceed cautiously at night and other less than ideal conditions can lead to dire consequences such as:

Precautions for Avoiding Pedestrian Accidents

Drivers can avoid pedestrian accidents by taking precautions.

South Carolina protects pedestrians from being struck by motor vehicles. A driver of a motor vehicle must use due care to avoid accidents, keep a proper lookout, and drive at a reasonable speed.

Drivers are responsible for operating their vehicles at a proper speed for the conditions then and there existing. For example, if it’s raining or dark outside you need to drive slower than in optimum driving conditions.

Why do Pedestrian Collisions happen?

Pedestrian collisions usually occur at night and also in the early morning dawn hours. One reason is the lack of visibility.

However, vehicle owners must have proper working headlights so as to illuminate the roadway in front of them so that a driver can see what is there to be seen.

Also, in the early morning hours and late at night, driver fatigue can be an issue. Drivers are not as alert in the early morning hours or late at night so a driver’s reaction time can slow down due to exhaustion.

When are Drivers not Responsible?

If the pedestrian bolts onto the roadway, a driver may not have enough time to avoid a collision.

However, even in those instances, drivers should still take precautions when approaching crosswalks, driving at night or traveling in inclement weather conditions.

In fact, South Carolina Lawyers Weekly reported back in November 2020 the following:

“The South Carolina Court of Appeals unanimously ruled that a jury could find the driver to be mostly at fault even though the pedestrian was crossing in a place with no crosswalk.”

If you or a loved one are seriously injured, please don’t hesitate to request your free consultation via the form below.

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