What Is a Pedestrian Accident Lawyers in Charleston, SC Case?

Roden Law represents pedestrians hurt in traffic across Charleston, South Carolina and the Lowcountry — Mount Pleasant, Summerville, and Goose Creek. Drivers owe pedestrians a high duty of care, and because a person on foot has no physical protection, these crashes cause some of the most severe and fatal injuries we see. We handle every […]

— Reviewed by Graeham C. Gillin, Partner, COO at Roden Law

Key Takeaways

If you were injured in a pedestrian accident in Charleston, South Carolina, you generally have 3 years from the date of injury to file a lawsuit (S.C. Code § 15-3-530). South Carolina follows a modified comparative negligence rule — you can still recover as long as you are Modified — recover if less than 51% at fault, with your award reduced by your percentage of fault. There is no cap on compensatory damages in an ordinary South Carolina injury case. Roden Law represents Charleston injury victims on a contingency fee: the consultation is free and there is no fee unless we win.

Roden Law represents pedestrians hurt in traffic across Charleston, South Carolina and the Lowcountry — Mount Pleasant, Summerville, and Goose Creek. Drivers owe pedestrians a high duty of care, and because a person on foot has no physical protection, these crashes cause some of the most severe and fatal injuries we see. We handle every case on a contingency fee basis: you pay nothing unless we win. Roden Law has recovered more than $300 million for injured clients across Georgia and South Carolina and holds a 4.9-star average from hundreds of client reviews. Call (843) 790-8999 for a free, confidential case review.

Why Choose Roden Law for a Charleston Pedestrian Accident Claim

When a driver hits a pedestrian, the insurer almost always argues the person on foot was partly to blame — that they crossed outside a crosswalk or stepped out too fast. What separates Roden Law is direct attorney involvement and the accident-reconstruction work needed to counter those defenses. Our office at 127 King Street, Suite 200 sits on the peninsula, minutes from the Charleston County Circuit Court and the busy downtown corridors where many of these crashes happen.

  • No fee unless we win — free consultation and no out-of-pocket cost to pursue your claim.
  • We fight comparative-fault defenses — crossing outside a crosswalk rarely bars recovery under South Carolina’s 51% rule, and we make sure fault is placed where it belongs.
  • Full-value focus — severe pedestrian injuries mean surgeries, rehabilitation, and lost income, and we account for all of it before any settlement.

Where Charleston Pedestrian Crashes Happen

The peninsula’s heavy foot traffic and tourist crowds create constant pedestrian-vehicle conflict:

  • King Street and Meeting Street — dense shopping, dining, and nightlife foot traffic where turning vehicles and distracted drivers strike pedestrians in and near crosswalks.
  • Tourist districts — visitors unfamiliar with local streets crossing near the Market, the Battery, and the waterfront.
  • I-526 and arterial corridors — higher-speed roads where a pedestrian strike is far more likely to be catastrophic or fatal.
  • Hit-and-run and uninsured-driver strikes — a common problem downtown, where uninsured/underinsured motorist coverage becomes the key source of recovery.

South Carolina Pedestrian Law You Should Know

South Carolina’s pedestrian right-of-way and crosswalk rules are set out in S.C. Code §§ 56-5-3110 through 56-5-3230. A driver’s violation of those rules — failing to yield in a crosswalk, for example — is strong evidence of negligence. Even if you were crossing outside a crosswalk or against a signal, South Carolina’s 51% modified comparative-fault rule lets you recover as long as you are not more than 50% at fault, so a partial-fault argument rarely ends a claim. The deadline to file is generally three years from the date of injury under S.C. Code § 15-3-530, and South Carolina places no cap on compensatory damages in ordinary injury cases. In hit-and-run and uninsured-driver cases, stacking your uninsured/underinsured (UM/UIM) coverage is often the difference-maker — and if a drunk driver caused the crash, punitive damages may be available. Learn more from our South Carolina comparative negligence guide.

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What to Do After A pedestrian accident in Charleston, SC

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. South Carolina law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

South Carolina Personal Injury Law

Statute of Limitations 3 years (S.C. Code § 15-3-530)
Comparative Fault Modified — recover if less than 51% at fault

Filing a Personal Injury Case in Charleston

Filing a personal injury case in downtown Charleston means filing in the Charleston County Court of Common Pleas at 100 Broad Street, on the Tyler Odyssey-based South Carolina E-Filing system. Most cases are sent to mandatory mediation under SC ADR rules before reaching the jury trial roster, and a typical contested case takes 18–30 months from complaint to verdict.

Charleston’s peninsula geography concentrates risk on a few well-known corridors: the Crosstown (US-17 / Septima P. Clark Parkway), the Arthur Ravenel Jr. Bridge to Mount Pleasant, and the dense tourist grid around King and Market Streets, where rideshare drop-offs and carriage tours mix with out-of-state drivers. Charleston County logged more than 2,500 truck-related crashes in 2023, and the I-26/I-526 interchange just west of the peninsula recorded 354 collisions over a five-year period. Serious-injury patients from peninsula crashes are routed to MUSC Health (171 Ashley Ave) — the Lowcountry’s only Level I trauma center.

Under South Carolina law, you have 3 years to file under S.C. Code § 15-3-530, and you can recover only if you are less than 51% at fault. Shorter notice deadlines apply if SCDOT or the City of Charleston is a defendant under the SC Tort Claims Act.

Do I Have a Pedestrian accident Case in Charleston?

Pedestrian cases follow ordinary negligence against the at-fault driver, with negligence per se built on Rules of the Road governing right-of-way at crosswalks and intersections (S.C. Code § 56-5-3110 to -3230). Comparative-fault analysis often turns on whether the pedestrian was in a marked or unmarked crosswalk, whether the pedestrian was jaywalking, lighting conditions, and visible clothing — and South Carolina’s 51% comparative bar routinely defeats marginal claims. Filing deadline: 3 years under S.C. Code § 15-3-530.

Types of Compensation in South Carolina Pedestrian accident Cases

Pedestrian injuries skew catastrophic relative to vehicular collisions because of the unprotected impact — TBI, multi-system trauma, and crush injuries dominate. Future-care damages and noneconomic recoveries are correspondingly large. South Carolina permits full recovery with no statutory cap on noneconomic damages outside the medical-malpractice context. Critical insurance source: UM/UIM coverage on the pedestrian’s own auto policy can apply under “occupying” or “non-occupying insured” provisions even though the pedestrian was on foot — a frequently overlooked recovery channel when the at-fault driver is uninsured or carries minimum 25/50 limits.

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Roden Law Pedestrian Accident Lawyers in Charleston, SC Results at a Glance

$300M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating across hundreds of verified Google reviews from our six offices
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated July 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
Verdict $10,860,000 $10,860,000 Verdict | Product Liability
Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Graeham C. Gillin, Partner, COO at Roden Law

Graeham C. Gillin

Partner, COO

Frequently Asked Questions

Contact Our Charleston Office Today

If you were injured in Charleston and believe another party is at fault, contact us for a free, no-obligation review. Call (843) 790-8999 — no upfront cost.