Can a Pedestrian Be at Fault in a Car-Pedestrian Accident?

Posted on May 16, 2025 in Personal Injury

When is a pedestrian at fault for a car accident? Some people in South Carolina might assume that pedestrians always have the right of way. However, in certain circumstances, a pedestrian can be at fault in a pedestrian-car accident in South Carolina.

While motorists often bear responsibility for collisions with people on foot, pedestrians also have a legal duty of care. As such, pedestrians may share partial or complete fault depending on their actions. Understanding pedestrian liability helps injured pedestrians and drivers know their rights after an accident.

Pedestrian Responsibilities Under South Carolina Law

South Carolina law establishes clear responsibilities for pedestrians using roadways. According to the state’s traffic laws, pedestrians must:

• Obey traffic signals and controls – Walking against “don’t walk” signals or against a red light puts pedestrians and other road users at risk and may establish fault for a traffic accident.
• Use crosswalks when available – Designated crossing areas exist for pedestrian safety, and using them is often required by law.
• Exercise due care – Pedestrians must remain alert and aware of their surroundings when walking near roadways.
• Yield to vehicles when crossing outside of crosswalks – When pedestrians cross at points other than marked crosswalks or intersections, they must yield right-of-way to oncoming traffic.

Common Scenarios Where Pedestrians May Be at Fault

Pedestrian accident liability often stems from specific behaviors that increase risk, including failure to follow traffic laws. Some potential examples include:

• Jaywalking – Crossing between intersections or outside marked crosswalks could lead to pedestrians being at least partially at fault for causing a crash.
• Entering roadways suddenly – Stepping into traffic without warning gives drivers little time to react.
• Walking while intoxicated – Impaired pedestrians may make dangerous decisions, contributing to accidents.
• Distracted walking – Cellphones or headphones can prevent distracted pedestrians from noticing approaching vehicles.
• Walking in prohibited areas – Pedestrians on highways, bridges, or other areas where foot traffic is banned present a significant risk.

How South Carolina’s Comparative Negligence Law Affects Pedestrian Cases

South Carolina uses a modified comparative negligence rule that can directly affect pedestrian-car accident cases. Under comparative negligence, the court can assign each party involved in the accident a percentage of fault. In many cases, the victim’s percentage will be zero.

Injured parties can recover damages as long as they are 50 percent or less at fault. However, your compensation decreases by your percentage of the shared fault. If you are found more than 50 percent responsible, you cannot recover any compensation under South Carolina law.

For example, if a pedestrian jaywalks but a driver is exceeding the speed limit, both might share responsibility for the personal injuries incurred. If the pedestrian suffers $100,000 in injuries but is found 10 percent at fault, they could recover $90,000.

Insurance companies often use the principle of comparative negligence to reduce payouts by assigning the injured party a greater share of responsibility than they truly bore. That makes it essential to work with an experienced attorney who can fight for the full compensation you deserve.

Contact The Melonakos Law Firm for a Free Consultation

Can a pedestrian be at fault in an accident? Absolutely, but determining exact liability requires careful investigation and legal knowledge. Understanding your rights is crucial if you’ve been involved in a pedestrian-vehicle collision in South Carolina.

At The Melonakos Law Firm, we have extensive experience representing injured people in complex accident cases. Our pedestrian accident attorneys provide compassionate counsel while tenaciously pursuing the maximum compensation you deserve.

Contact us today for a free consultation to discuss your case and explore your legal options with a pedestrian accident lawyer.

Michael Melonakos

Michael Melonakos is a Greenville-based personal injury attorney known for his experience representing both accident victims and major insurers. After years with top Atlanta defense firms, he now uses his insider knowledge to help Upstate clients maximize their injury claims. Michael is committed to compassionate service and is actively involved in the Greenville community.