Pedestrian Accident Lawyer in Myrtle Beach: What to Know About the Claims Process
Myrtle Beach draws millions of visitors each year, and with heavy foot traffic along Ocean Boulevard, the Boardwalk, and surrounding coastal roads, pedestrian accidents are a real and recurring concern. When a pedestrian is struck by a vehicle, the legal and insurance process that follows is often more complicated than people expect — and the outcome depends heavily on South Carolina law, the specific facts of the crash, and what coverage is in play.
How Pedestrian Accident Claims Generally Work in South Carolina
South Carolina is an at-fault state, meaning the driver who caused the accident is generally responsible for the injured person's damages. Pedestrian accident claims typically run through the at-fault driver's liability insurance, not the injured person's own policy — though other coverage sources may apply depending on the situation.
After a pedestrian accident, the claims process generally unfolds in this order:
- A police report is filed documenting the scene, statements, and any citations issued
- The injured person seeks medical treatment — often beginning with emergency care
- An insurance claim is opened, either with the at-fault driver's insurer (third-party claim) or the injured party's own insurer if applicable
- The insurer investigates: reviewing the police report, medical records, witness accounts, and any available footage
- A demand is eventually made, and negotiations follow
The demand letter is a formal document outlining injuries, treatment costs, lost wages, and other claimed damages. It typically isn't sent until the injured person has completed treatment or reached maximum medical improvement (MMI) — the point at which a doctor determines the condition has stabilized.
How Fault Is Determined in a Pedestrian Crash
South Carolina uses a modified comparative fault system. This means an injured pedestrian can recover damages even if they were partially at fault — but their compensation is reduced by their percentage of fault. If a pedestrian is found 51% or more at fault, they are barred from recovery under South Carolina's threshold.
Factors that commonly affect fault determinations include:
- Whether the pedestrian was in a marked crosswalk
- Whether the driver had a traffic signal in their favor
- Visibility conditions at the time of the crash
- Whether either party was distracted, impaired, or speeding
- Witness statements and surveillance footage
Police reports don't legally determine fault, but they carry real weight with insurers during the investigation phase.
What Damages Are Typically Recoverable 🚶
In a pedestrian accident claim, recoverable damages generally fall into two categories:
| Economic Damages | Non-Economic Damages |
|---|---|
| Emergency and ongoing medical bills | Pain and suffering |
| Lost wages and lost earning capacity | Emotional distress |
| Rehabilitation and physical therapy | Loss of enjoyment of life |
| Out-of-pocket expenses | Permanent scarring or disfigurement |
The severity of injury heavily influences total claim value. Pedestrians have no protective frame around them, which frequently results in serious orthopedic injuries, traumatic brain injuries, or spinal damage. These injury types involve longer treatment timelines, higher medical costs, and more complex documentation requirements.
Insurance Coverage That May Apply
Even in an at-fault state, the injured pedestrian's own insurance policies may play a role:
- Uninsured/Underinsured Motorist (UM/UIM) coverage: If the driver who hit you has no insurance — or insufficient limits to cover your damages — your own UM/UIM coverage may fill the gap. South Carolina requires insurers to offer this coverage, and many drivers carry it.
- MedPay (Medical Payments Coverage): This optional coverage on your own auto policy can pay for immediate medical expenses regardless of fault.
- Health insurance: Often used to cover treatment upfront, though the insurer may later assert a lien (subrogation claim) against any settlement you receive.
Subrogation is the process by which your health insurer recovers money it paid for your treatment from your settlement proceeds. It's a common but often overlooked factor in final net recovery.
How Attorneys Typically Get Involved ⚖️
Pedestrian accident cases in Myrtle Beach are frequently handled by personal injury attorneys on a contingency fee basis — meaning the attorney is paid a percentage of the final settlement or verdict, with no upfront cost to the client. Fee percentages vary but commonly range from 33% to 40%, depending on whether the case settles or goes to trial.
People commonly seek legal representation in pedestrian cases because:
- Injuries are serious, and medical costs are high
- Liability is disputed or shared
- The at-fault driver is uninsured or underinsured
- The insurer has made a low initial offer
- The case involves a government entity (such as a poorly maintained crosswalk)
An attorney in these cases generally handles communication with insurers, gathers evidence, coordinates with medical providers, negotiates the settlement, and — if necessary — files suit.
Timelines and Filing Deadlines
South Carolina has a statute of limitations for personal injury claims. Missing this deadline typically bars any court recovery. The general rule in South Carolina is three years from the date of the accident for personal injury claims, but exceptions exist — particularly when government entities are involved, when the injured party is a minor, or when injuries weren't immediately apparent.
Claims involving city, county, or state entities (like a government-owned vehicle) often carry shorter notice requirements, sometimes as brief as a few months. These timelines are separate from and shorter than the standard civil filing window.
What the Outcome Actually Depends On
How a pedestrian accident claim resolves in Myrtle Beach depends on the driver's insurance limits, the pedestrian's own coverage, how fault is allocated, the nature and duration of the injuries, and how well the medical treatment is documented throughout. Two pedestrians hit in similar circumstances can have very different outcomes based on those variables alone.
The details of your specific accident, the coverage in play, and South Carolina's application of its fault rules to your facts are what actually determine where your situation falls on that spectrum.
