How Insurance Companies Blame Pedestrians – and What You Can Do About It

If you were struck by a car while walking, you probably expected the driver’s insurance company to accept responsibility. Unfortunately, pedestrian accident claims often turn into battles. Instead of stepping up to help, insurers often focus on one goal: finding ways to blame you. Finding yourself in this situation can be frightening, but there are steps you can take to fight back. 

Why Pedestrian Injury Claims Are Treated Differently

When a pedestrian is hit by a vehicle, the injuries are often devastating. Traumatic brain injuries and lasting mobility challenges are common. Additionally, accident victims may be left with life-long “invisible” injuries, like depression or anxiety. Because medical bills can climb into the hundreds of thousands of dollars, insurance companies know the financial stakes are higher than in many other types of crashes.

That financial pressure is a big reason insurers fight harder against pedestrian claims. They treat these cases differently not necessarily because fault is unclear, but because the potential payout is bigger. 

Classic Blame-Shifting Tactics Used by Insurance Adjusters

Insurance adjusters have a playbook designed to minimize what they owe. Here are some of the most common ways they try to turn the tables on injured pedestrians:

“The Pedestrian Darted Into Traffic”

Bias against pedestrians is a major tactic used by insurance companies to shift blame to the accident victim and away from their insured. Adjusters may argue that the pedestrian was jaywalking or darted into traffic without looking in both directions. 

“They Were Wearing Dark Clothing”

Drivers must be aware of their surroundings, but in the event of a pedestrian accident, a driver’s insurance company may claim that the pedestrian was to blame. If the accident occurred at night and the pedestrian was wearing dark clothing, the insurer may claim that the pedestrian was not diligent in making themselves noticeable to the driver. 

“They Were Impaired”

Whether or not a pedestrian was taking medicine or had been drinking, an insurer may suggest that impairment was a factor in the accident. This tactic can be used to chip away at a victim’s credibility and increase their share of the blame. 

But under SC Code § 56-5-3230, “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and shall give an audible signal when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.” In other words, being drunk or otherwise impaired is not a bar to recovery for an injured pedestrian in South Carolina. 

“They Were Outside the Crosswalk”

Insurance companies often argue that being outside a marked crosswalk means you were entirely to blame. South Carolina law is more nuanced, and drivers still owe a duty of care, but adjusters rarely highlight that fact. Drivers still have a duty of care. Under SC Code § 56-5-3130, pedestrians crossing outside of a marked or unmarked crosswalk must yield the right-of-way to vehicles. However, this does not erase the driver’s obligation to exercise due care under SC Code § 56-5-3230. 

What Actually Matters in a Pedestrian Injury Investigation

The good news is that adjusters’ excuses do not carry the same weight as actual evidence. A strong investigation focuses on facts that tell the real story:

Physical Evidence

Physical evidence can help determine a car’s speed and the methods it employed to avoid striking the pedestrian. Skid marks and vehicle damage are examples of physical evidence that can be used to help reconstruct an accident scene. An accident reconstruction specialist utilizes these tools to determine the sequence of events that led to the accident. 

Eyewitness Statements

After an accident, eyewitness statements can help support your case. Collecting contact information from eyewitnesses is important. People who saw the crash unfold can confirm whether the driver was distracted, speeding, or ignoring traffic signals.

Nearby businesses or traffic cameras may have footage of the accident. Other drivers with dashcams may have also captured footage. These recordings can show whether you were in a crosswalk or whether the driver failed to yield. It is important to request this footage as soon as possible, before it is erased. 

911 Calls and Emergency Reports

Dispatch records and first responder notes provide a timeline and context. They may also include the driver’s initial statements, which sometimes contradict what they tell insurers later.

Each piece of evidence builds toward a clearer picture of what really happened. 

Why Early Legal Help Makes a Big Difference

If you are juggling part-time jobs, earning minimum wage, and lacking health insurance, a serious injury can upend your entire life. Medical bills can pile up faster than you can open them. The sooner you bring in legal help, the better your chances of securing the compensation you need to keep going. 

Timing is everything in pedestrian cases. Evidence does not last forever. Sometimes information vanishes because someone deliberately destroys it, but often it disappears simply because no one secured it in time.

Calling an injury attorney quickly can be a solid solution to help protect your rights. An attorney can help by collecting the evidence quickly, even as you recover from your injuries. 

Contacting an experienced car accident attorney sooner rather than later is the smart choice for people who need their compensation to pay for bills and support themselves (and their dependents) when they’re hurt. 

How to Protect Yourself After a Pedestrian Crash

If you are hit while walking in Spartanburg, your safety and health come first. Seek medical attention immediately, even if you think your injuries are minor. Many conditions worsen over time, and medical records are key for your claim.

Once you are safe, try to gather information if possible, such as: 

• Photos of the scene
• A police report. Having a police report is an important factor in reconstructing the case and can be a useful tool in determining fault. 
• The driver’s details (including insurance information)
• Names of any witnesses and their contact information
• Security cam footage from nearby businesses. Check with nearby businesses to find out if they have footage available that would be useful.

If you cannot collect this yourself, ask a friend or family member to help.

Then, contact an experienced pedestrian injury lawyer. The insurance company will start building its case against you right away. Having an experienced pedestrian accident lawyer on your side levels the playing field.

Frequently Asked Questions by Injured Pedestrians

Q1: What if I was hit by a car but didn’t file a police report right away?

It is always best to report the crash as soon as possible, but failing to do so does not automatically prevent you from filing a claim. Contact an attorney as soon as possible to begin the collection of evidence you’ll need to build a strong case. 

Q2: Can I still get compensation if I was partially at fault for the crash?

Yes. South Carolina uses modified comparative negligence to determine who is financially responsible for an accident. If you are found less than 51% at fault for the accident, you can collect compensation; however, your compensation will be reduced by the percentage you are found to be at fault. 

Q3: What happens if I’m hit by a driver who doesn’t stop?

If you are the victim of a hit-and-run, you can still pursue compensation through your own insurance if you have uninsured motorists coverage. Hiring an attorney can give you a chance to correctly identify the driver and hold them accountable. Activating quickly is important, before the visual footage from CCTV cameras (if available) is erased.