Every year, pedestrians in South Carolina face dangerous situations on the road, some even fatal. Whether crossing a busy intersection or walking along a poorly lit street, knowing the law can mean the difference between safety and tragedy. But do you actually understand when you have the right-of-way and when you don’t?
Under state law, pedestrians generally have the right-of-way at marked crosswalks and intersections, but there are critical exceptions. For example, if a pedestrian suddenly steps into the road outside a crosswalk, drivers may not be held liable for failing to yield.
In 2022 alone, South Carolina reported over 172 pedestrian fatalities, highlighting the importance of understanding these laws. Knowing the rules of right-of-way in South Carolina isn’t just about avoiding tickets—it’s about saving lives.
Let’s examine the law, where pedestrians are most at risk, and how both walkers and drivers can stay safe.
Understanding Pedestrian Right-of-way Laws in South Carolina
Pedestrian safety is a shared responsibility between walkers and drivers, but the law clearly defines who has priority in different situations. South Carolina’s traffic laws align with the Uniform Vehicle Code, ensuring consistency with many other states—yet many residents remain unaware of their rights and obligations.
Key Laws Governing Pedestrian Right-of-Way
South Carolina Code of Laws § 56-5-3130 states that drivers must yield to pedestrians in crosswalks:
“The driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.”
However, pedestrians cannot step into traffic suddenly and expect cars to stop instantly. § 56-5-3160 clarifies:
“No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.”
This means that while pedestrians generally have the right-of-way in marked crosswalks, they must also exercise caution. Jaywalking (crossing outside a crosswalk) removes legal protections, putting the burden on the pedestrian to avoid oncoming traffic.
Where Do Most Pedestrian Accidents Happen?
Statistics reveal that intersections, highway crossings, and urban areas with high foot traffic are the most dangerous zones for pedestrians. According to the South Carolina Department of Public Safety (SCDPS), Charleston and Columbia account for the highest number of pedestrian collisions, often due to:
- Distracted driving (texting, speeding, or ignoring crosswalks)
- Poor lighting (especially at night or in rural areas)
- Failure to yield (both drivers and pedestrians misjudging right-of-way rules)
How Pedestrians Can Stay Protected
- Use Crosswalks – Always cross at marked intersections when possible. If none are available, find a well-lit area and wait for a safe gap in traffic.
- Make Eye Contact with Drivers – Never assume a driver sees you, even if you have the right-of-way.
- Avoid Distractions – Put away phones and remove headphones when crossing streets.
- Walk Against Traffic – If sidewalks are unavailable, walk on the left side of the road to see oncoming vehicles.
What Drivers Must Do
- Stop for Pedestrians in Crosswalks – Even if the walker is on the other side of the road, slow down and prepare to yield.
- Be Extra Cautious at Night – Many fatal pedestrian accidents occur after dark due to low visibility.
- Never Pass a Stopped Car at a Crosswalk – Another pedestrian could be crossing out of view.
Final Thoughts
Pedestrian right-of-way laws exist to prevent tragedies, but they only work if both drivers and walkers follow them. Whether you’re behind the wheel or on foot, staying alert and respecting these rules can save lives.
If you or a loved one has been involved in a pedestrian accident, consulting a legal expert can help determine whether right-of-way violations played a role. By understanding and applying these laws, South Carolina’s roads can become safer for everyone.
