Jaywalking Accidents in Myrtle Beach

Who Is at Fault If a Pedestrian Is Hit While Jaywalking?

Let’s talk about something I hear all the time. “Yeah, but I was jaywalking… so I guess it’s my fault.” Not so fast. Just because you weren’t in a crosswalk doesn’t mean you don’t have a case. In fact, some of the best cases we handle involve pedestrians who think they’re automatically out of luck. They’re not.

Pedestrian cases can be complicated for a number of reasons. A lot of the time the pedestrian is severely injured and requires immediate medical attention. This takes them away from the scene of the accident and unable to give a proper statement to the police. When there is only one side of things recorded, the driver’s statement, it can assign far more blame to the pedestrian than is true. If you are a pedestrian that has been hit by a vehicle, no matter what the circumstances it’s important to speak with an experienced accident attorney about your case and possible claim.

Biggest Misconception About Hitting a Pedestrian Who Is Jaywalking

People assume hitting a pedestrian that is jaywalking and not in a crosswalk is black and white.

• Crosswalk = pedestrian wins
• Jaywalking = pedestrian loses

That’s not how it works. In South Carolina, drivers still have a duty to keep a proper lookout. That means they are supposed to be paying attention, watching the road, and reacting to what’s in front of them. So even if you’re crossing outside a crosswalk, the driver doesn’t just get a free pass to hit you.

Drivers Have a Duty of Responsible Driving: Even for Jaywalkers

Here’s the reality of what happens if you hit a pedestrian jaywalking. When you get behind the wheel, you take on a responsibility to drive safely and attentively, making sure to do all of the following:

• Watch the road

• Control your speed

• Be ready to stop

That applies whether:

• You’re in a neighborhood

• You’re near a beach or tourist area

• You’re driving at night

• You’re in a busy pedestrian zone

If someone runs out in front of you, you still have to be able to react. That’s part of driving.

So What Happens If You Are Hit By a Car While Jaywalking?

Jaywalking can still affect your case and impact your settlement. This is where something called comparative negligence comes into play. South Carolina uses comparative negligence law to determine how much someone’s claim is worth depending on the percentage of blame they are assigned. You must be no more than 50% at fault in an accident to recover damages. 

What that means in a jaywalking accident is:

• You can still recover compensation

• But your percentage of fault can reduce what you receive

For example, if you’re found 20% at fault for crossing outside of a crosswalk, your recovery is reduced by 20%. As long as you’re not more than 50% at fault, you can still recover. So yes, jaywalking can be used against you. But it doesn’t automatically kill your case.

Why Pedestrian Accident Cases Are Strong

Here’s why pedestrian cases are important to pursue. A vehicle versus a person? That’s not a fair fight. And the law recognizes that.

Drivers are operating something that can seriously injure or kill someone. Because of that, the burden on them is higher. They have to be alert and in control at all times.

Even if you as the pedestrian were:

• You were distracted

• You were texting

• You crossed at the wrong spot

That doesn’t erase the driver’s responsibility. They need to be able to react in all circumstances to prevent an injury or accident from occurring where possible. 

Myrtle Beach Pedestrian Accidents

Pedestrian accidents, especially jaywalking accidents happen all the time here in Myrtle Beach. We see this all the time because we’ve got:

• Tourists who don’t know the roads

• Busy pedestrian areas near hotels and restaurants

• Poor lighting at night

• Drivers who are distracted or unfamiliar with the area

Add in alcohol, vacation mindset, and heavy traffic, and it’s a recipe for pedestrian accidents. A lot of these cases involve people simply not being seen. And even if an individual wasn’t crossing at a crosswalk they are still entitled to justice for the injuries they have suffered. 

Contact a Myrtle Beach Pedestrian Accident Lawyer Near You Today

If you were jaywalking, insurance companies are going to try to pin as much blame on you as possible because the more fault they assign, the less they have to pay. But don’t talk yourself out of a case before you even understand your rights. We’ve seen plenty of situations where pedestrians weren’t in a crosswalk or thought they were at fault and still recovered. The key is what you do next: get medical attention, don’t assume fault, avoid giving recorded statements, and talk to a lawyer who knows how to frame your case properly. 

Jaywalking doesn’t automatically mean you lose. Drivers still have responsibilities, and in many cases, there’s still a path to compensation if you handle things the right way. If you have been hit by a vehicle as a pedestrian we invite you to reach out to the team of experienced pedestrian accident lawyers here at The Lovely Law Firm for a free case evaluation and to see how we can best serve you. 

What Our Clients Have to Say on Google

Handled my accident settlement in a timely manner and got me a much larger sum than I had expected. I highly recommend them to anybody looking for legal help. K.T. ⭐⭐⭐⭐⭐