Who is responsible for a crosswalk accident in South Carolina?

crosswalk pedestrian accident

Although many choose to walk instead of traveling by car as it is better for the environment, walking comes with certain safety risks. Unfortunately, motor vehicles strike pedestrians at an alarming rate as a result of negligence. South Carolina has implemented traffic laws that both pedestrians and motorists must abide by to prevent serious accidents and injuries. Vehicles are equipped with safety features such as seatbelts and airbags to protect them in the event of a collision. Pedestrians are not afforded that luxury. They have no outside protection which often results in catastrophic injuries. Determining liability in pedestrian accidents can be complicated. Follow along to learn about what factors could determine who is liable for a crosswalk accident and how an experienced Chesterfield County Auto Accident Lawyer can help you today. 

Who may be found at fault in a crosswalk accident in South Carolina?

In South Carolina, traffic laws are implemented to protect both pedestrians and motorists from serious accidents and injuries. In addition, crosswalks are designed to protect pedestrians from harm while crossing the street. Crosswalks are portions of the road that are marked with paint. Often, they are accompanied by poles that flash lights when pedestrians are allowed to cross the street. Motorists are legally required to comply with traffic laws, meaning they must yield the right of way to pedestrians in a crosswalk. Pedestrians must comply with pedestrian signals and use a crosswalk to safely cross the street. Pedestrians and motorists are expected to exercise reasonable care when on the road to ensure everyone’s safety. Unfortunately, when both parties neglect to follow the rules of the road it leads to significant accidents and injuries.

Furthermore, when a motorist strikes a pedestrian in a crosswalk, they are at fault for the collision. This is because they are legally obligated to yield the right of way to pedestrians crossing the street in a crosswalk. Pedestrians have the right to assume that motorists are going to yield the right of way. Nonetheless, if a pedestrian crosses the street outside of the lines of a crosswalk or they disobey a pedestrian traffic signal, they can be held liable for any damages that occur as a direct result of their negligent actions. If a vehicle strikes a pedestrian and the pedestrian is found partially at fault, they can still recover compensation for their damages. Moreover, it is critical to note that a third party (government entity) may be found at fault in a crosswalk accident. If a crosswalk accident occurs as a result of unsafe road conditions a government entity may be held liable.

In the unfortunate event that you are injured in a crosswalk accident, reach out to one of our adept and determined team members. Our firm is committed to helping our clients get the justice they deserve. Contact us today so we can start helping you right away.