What Is a Pedestrian Accident Case?

Victim of a pedestrian hit and run? Even when the driver flees, you may have options for compensation. Our attorneys pursue every avenue of recovery for hit-and-run pedestrian victims.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Key Takeaways

If you were injured in a pedestrian accident in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Hit & Run Pedestrian Accident Lawyers in Georgia & South Carolina

Being struck by a vehicle as a pedestrian is terrifying — but when the driver flees the scene, leaving you injured and stranded, the trauma is compounded by helplessness and injustice. Hit-and-run pedestrian crashes are tragically common and disproportionately deadly. The AAA Foundation for Traffic Safety reports that hit-and-run crashes account for approximately 24% of all pedestrian fatalities — nearly one in four. Drivers flee for many reasons, including intoxication, lack of insurance, outstanding warrants, or simple panic.

At Roden Law, our hit-and-run pedestrian accident lawyers help victims and families identify every possible source of compensation and work with law enforcement to track down fleeing drivers. Even when the driver is never found, we pursue all available insurance coverage and legal options.

Hit-and-Run Criminal Penalties in Georgia and South Carolina

Both states treat hit-and-run involving pedestrian injuries as a serious criminal offense:

  • Georgia: O.C.G.A. § 40-6-270 makes leaving the scene of an accident involving injury or death a felony punishable by 1-5 years in prison. The driver must stop, provide information, and render reasonable assistance to any injured person.
  • South Carolina: S.C. Code § 56-5-1210 imposes up to 10 years for hit-and-run involving injury and up to 25 years for fatality. Fines up to $10,000 also apply.

Sources of Compensation for Hit-and-Run Pedestrian Victims

Even when the at-fault driver is unknown, pedestrian victims have several potential sources of recovery:

  • Uninsured Motorist (UM) coverage: If you or a household family member has an auto insurance policy with UM coverage, it can cover a hit-and-run pedestrian crash. South Carolina requires UM coverage in all policies unless rejected in writing. Georgia requires insurers to offer it.
  • Household auto policies: You may be covered as a pedestrian under a spouse’s, parent’s, or household member’s auto policy UM coverage
  • Medical Payments (MedPay) coverage: Covers medical expenses regardless of fault under your own auto policy
  • Health insurance: Your personal health plan covers treatment, subject to subrogation
  • Georgia Crime Victims Compensation: The Georgia Criminal Justice Coordinating Council offers compensation for crime victims, including hit-and-run victims
  • South Carolina Crime Victims’ Fund: South Carolina’s State Office of Victim Assistance provides similar compensation for qualifying victims

Finding the Driver

Our attorneys work to identify the fleeing driver through surveillance camera footage from nearby businesses and traffic cameras, vehicle debris and paint transfer analysis, witness canvassing, community tips and social media, and body shop and repair records for vehicles matching the description. Our firm also handles hit-and-run motorcycle accidents, which present similar challenges in identifying the fleeing driver. When the driver is found, we pursue direct claims against them and their liability insurance, in addition to any UM claims already underway.

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What to Do After a Hit & Run Pedestrian Accident

  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. State 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.

The Rules That Apply

  • In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33).
  • In South Carolina, you have 3 years (S.C. Code § 15-3-530).
  • Georgia — Modified Comparative Fault: You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
  • South Carolina — Modified Comparative Fault: You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

How negligence, compensation, deadlines and fault work: Pedestrian Accident Lawyers →

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Recent Case Results

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

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Hit & Run Pedestrian Accident Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.