If I Was Hit by a Car as a Pedestrian, What Do I Do?

Being hit by a car as a pedestrian is a jarring, painful experience that disrupts your life in an instant. When you are suddenly forced to deal with severe injuries, mounting medical bills, and calls from the at-fault driver's insurance company, you need a clear, practical path forward.

Our experienced pedestrian accident lawyers have prepared this guide outlining exactly what to do if you get hit by a car in Greenville and Upstate South Carolina, giving you the direct, factual information required to protect your rights and confidently pursue fair compensation.

What to Do If You Get Hit By a Car

If you are hit by a car as a pedestrian, take these vital steps:

1. Prioritize Safety and Call 911

Move out of the way of other vehicles if you are physically able to do so safely. Dial 911 immediately. You need emergency responders on the scene, and it is imperative that you wait for a police officer to arrive. When the police arrive, they will secure the area, interview the parties involved, and draft an official police report. This accident report is a cornerstone piece of evidence for your legal case.

2. Seek Immediate Medical Attention

Do not refuse medical help. Even if you feel fine right after the impact, you must undergo a thorough medical evaluation. The adrenaline rushing through your body can mask the pain of severe injuries. Many victims suffer from hidden injuries, such as internal bleeding or delayed symptoms from head trauma, which can become life-threatening hours later.

3. Gather Evidence and Information

If you are physically capable (or if a helpful bystander can assist), collect evidence at the accident scene. Take photos of the vehicle, the surrounding area, and any traffic signals or crosswalks. Exchange basic insurance information with the at-fault driver, but do not apologize or discuss fault. Most importantly, secure witness statements and contact information. Unbiased witness accounts are incredibly powerful contributing factors when proving negligence later on.

Pedestrian Injuries After an Accident

When a car hits an unprotected human body, the results are rarely minor. The blunt force trauma involved in pedestrian accidents often leads to catastrophic, life-changing physical damage.

Common injuries sustained by an injured pedestrian include:

• Head injuries and traumatic brain injuries (TBIs): Ranging from mild concussions to devastating skull fractures, head trauma is one of the leading causes of long-term disability in these accidents.
• Broken bones: The impact frequently causes severe fractures in the legs, arms, and pelvis, sometimes resulting in compound fractures that require emergency surgery.
• Internal injuries: The sheer force of a vehicle can rupture organs and cause internal injuries that require immediate surgical intervention.
• Soft tissue damage: Severe tearing of muscles, ligaments, and tendons can lead to chronic pain and reduced mobility.

Treating these serious injuries requires extensive medical treatment. You may be facing surgeries, extended hospital stays, ongoing physical therapy, and endless follow-up appointments. This generates massive medical documentation and medical records, all of which will be vital for your personal injury lawyer when building your case to recover medical expenses.

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Got Hit By a Car in the Upstate?

You don't have to face the insurance companies alone. Contact the skilled legal team at Elliott Frazier Injury Law today for a free consultation. Let us focus on your fight for compensation while you focus on healing.

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Dealing with the Claims Process

The financial burden following a crash can be just as stressful as the physical recovery. As medical bills begin to pile up, you will eventually have to deal with the insurance company.

When you file a car insurance claim, you will quickly encounter insurance adjusters. Keep in mind that these adjusters work for the insurance company, not for you. Their primary goal is to minimize the company's payout. They may try to pressure you into accepting a lowball settlement before the full extent of your injuries (and future medical costs) is even known.

In scenarios involving hit and run accidents or if the driver who hit you is underinsured, the situation becomes more complex. You may need to turn to your own insurance company and utilize the uninsured motorist coverage on your own insurance policy to pay for your damages. Having an experienced car accident attorney review your insurance coverage ensures no stone is left unturned when recovering compensation.

Establishing Liability and Legal Rights in South Carolina

To pursue compensation successfully, your legal team must prove that the driver failed to exercise reasonable care. In South Carolina, traffic laws require both drivers and pedestrians to exercise reasonable care, but drivers bear a heavier burden given the lethal nature of a vehicle.

According to data monitored by the South Carolina Department of Public Safety, pedestrians struck by vehicles are frequently the victims of negligent drivers engaging in dangerous behaviors. Common causes include:

• Distracted driving: Texting, talking, or looking at a GPS rather than the road.
• Drunk driving: Operating a vehicle under the influence drastically reduces reaction times.
• Failure to yield: Drivers ignoring crosswalks, traffic signals, or turning without looking for foot traffic.

Because South Carolina follows a modified comparative negligence rule, the driver’s insurance might try to argue that you were partially at fault (for example, by jaywalking). A skilled pedestrian accident lawyer knows how to counter these tactics, protecting your legal rights and fighting for the fair compensation you deserve for your lost wages, lost income, and pain and suffering.

Get Help from an Exceptional Upstate Pedestrian Accident Lawyer

Being hit by a car as a pedestrian is a traumatic, life-altering event that no one should ever have to experience. The path to recovery is often long, filled with medical hurdles and financial anxieties. But you do not have to walk this path alone.

At Elliott Frazier Injury Law, we proudly serve accident victims throughout Greenville and the Upstate. We handle the heavy lifting, from securing the police report and gathering evidence to aggressively negotiating with adjusters and, if necessary, taking the at-fault driver to court. If you or a loved one has suffered visible injuries or hidden trauma because a vehicle struck where it shouldn't have, we are here to help you navigate the complex legal process. Contact us for a free consultation.

Frequently Asked Questions (FAQs)

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How long do I have to file an injury claim after a pedestrian accident in South Carolina?

In South Carolina, the statute of limitations for personal injury cases is generally 3 years from the date of the accident. However, it is always best to consult a lawyer immediately to preserve critical evidence and witness memories.

What if I was not in a crosswalk when I was hit by the car?

You may still be entitled to compensation. South Carolina's modified comparative negligence laws mean that as long as you were 50% or less at fault for the accident, you can still recover damages. An attorney can help investigate the contributing factors to prove the driver's negligence.

Will my health insurance cover my injuries if I am hit by a car?

Yes, your health insurance can be used to cover your immediate medical treatment and physical therapy, assuming you have not purchased optional MedPay coverage on your own auto insurance. Later, we will work to recover those costs (along with your copays, deductibles, and out-of-pocket expenses) from the at-fault driver's auto insurance liability coverage.

The driver's insurance adjuster called me and offered a quick settlement. Should I accept it?

No. You should never accept a settlement offer or provide a recorded statement to the at-fault driver's insurance company without speaking to an attorney first. Early offers are almost always lower than what you actually deserve and rarely account for future medical care or delayed symptoms.

What if the car that hit me fled the scene (hit-and-run)?

If the driver cannot be identified, you can often still recover compensation through the uninsured motorist coverage on your own auto insurance policy, or the policy of a family member you live with. A lawyer can help you navigate this specific claims process effectively.

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