South Carolina’s Department of Transportation (SCDOT) estimates that pedestrians contribute to severe accidents resulting in fatalities or serious injury more than 65 percent of the time. However, drivers have a duty to watch out for pedestrians while they are operating a motor vehicle. Drivers are not automatically absolved of responsibility when a pedestrian contributes to causing the accident. When a child is the victim of a pedestrian accident, drivers are held to an even higher standard of care.
Even if you were jaywalking and your action contributed to the accident, you can still take legal action against the driver who struck you. The court might reduce your award or the insurance company might offer a lower settlement, but you may still seek compensation for your injuries. A skilled South Carolina pedestrian accident attorney can evaluate your claim and determine if you have a viable case.