What Happens When a Pedestrian Is Hit While Exiting a Disabled Vehicle?

Imagine you are driving along Interstate 26 in Spartanburg County when your car suddenly breaks down. You pull over to the shoulder and step out to assess the situation. Before you know it, you are struck by another vehicle. This scenario is more common than most people realize and can lead to serious legal and financial consequences.

Why These Incidents Are More Common Than You Think in Spartanburg

Highways such as I-26 and SC 176 are used by thousands of vehicles each day. Unfortunately, these roads are also hotspots for accidents involving pedestrians. In May 2025, a pedestrian was struck on I-26 near mile marker 44 after stepping out of a disabled vehicle. 

Good Samaritans are also at risk. Recently, a 41-year-old woman who exited her vehicle on I-26 to help victims of another accident was struck and killed by a passing car.

Common scenarios that place pedestrians at risk include:

• Flat Tires: A sudden blowout can force a driver to pull over unexpectedly.
• Engine Failures: Mechanical issues may leave a vehicle inoperable on the shoulder.
• Accident Debris: Previous collisions can leave debris that causes secondary accidents.

The South Carolina Department of Public Safety reports that multiple fatalities each year on highways involve pedestrians.

What South Carolina Law Says About Pedestrian Behavior

Understanding the legal framework is important for both pedestrians and drivers. South Carolina law addresses pedestrian behavior in several areas:

• S.C. Code § 56-5-2510: This statute outlines when a vehicle may legally stop on the roadway, which helps determine pedestrian rights and responsibilities. In most cases, it is illegal to stop your vehicle on the roadway or shoulder unless it is disabled and/or you need assistance.
  
• S.C. Code § 56-5-3170: This section specifies when a pedestrian may legally be on the shoulder or roadway, emphasizing safety precautions. This means pedestrians aren’t allowed to use freeways to travel on foot unless they require assistance due to an emergency involving their vehicle. 

These laws are designed to balance the safety of pedestrians with the flow of traffic. They provide guidance for situations where a vehicle is disabled and someone must exit onto the road.

Can You Walk on a Highway?

South Carolina generally prohibits pedestrians from walking on highways. Exceptions exist for emergencies, like collisions or when your vehicle breaks down. In such cases, pedestrians must exercise extreme caution and use the shoulder to move away from traffic.

What Should a Pedestrian Do If There Are No Sidewalks?

When walking on roads without sidewalks, pedestrians should follow these precautions:

• Face Oncoming Traffic: This allows pedestrians to see approaching vehicles and react in time.
• Stay on the Shoulder: Move as far off the roadway as possible.
• Wear Reflective Clothing at Night: This increases visibility to drivers.

Highways are designed for high-speed traffic, not pedestrian movement, so following these rules is critical to safety.

Who’s at Fault When a Pedestrian Is Hit After Exiting a Car?

Determining fault in these incidents can be complicated. South Carolina’s comparative negligence rule allows both the pedestrian and the driver to share responsibility. If a party is found to be 50% or less at fault for an accident, they can still recover damages. 

Factors that influence the determination of fault include:

• Pedestrians’ Actions. Considerations such as whether or not the pedestrian used hazard lights, set up warning triangles, had on reflective clothing, or entered the roadway with caution will all play a role in determining fault. 

• Driver’s Actions. Whether or not a driver was using due caution, was distracted, speeding, or used safe, evasive measures to avoid the accident will determine their portion of fault. 

Even if you are found to be at fault, you may still be able to recover compensation. A Spartanburg pedestrian lawyer can become your most valuable asset by handling your claim and making sure you aren’t duped into accepting a lowball settlement offer.

Insurance Coverage for Pedestrian Injuries After a Car

Several insurance options may provide coverage if a pedestrian is injured after exiting a disabled vehicle:

• MedPay: Covers medical expenses regardless of who is at fault. MedPay is available in South Carolina, but is optional. 
• Driver’s Insurance: If the driver who hit the pedestrian is identified, their liability insurance may cover damages.
• Uninsured/Underinsured Motorist Coverage (UM/UIM): If the at-fault driver lacks sufficient insurance, your policy may cover the difference if you have this type of coverage.

It is important to review your insurance policy and consult with an attorney from HawkLaw, P.A. to understand coverage and rights fully.

What If You Were a Passenger, Not the Driver?

Passengers in a disabled vehicle face similar risks when exiting the car. If struck, they may pursue claims against the at-fault driver or their own insurance. The comparative negligence principles still apply, and both parties’ actions are assessed when determining fault.

How Can Spartanburg Make Its Roads Safer for Drivers and Passengers in Disabled Vehicles?

Local authorities can take measures to reduce the risk of pedestrian accidents on highways:

• Creating more emergency pull-off areas where vehicles can safely stop.
• Adding warning signs and alerts to potential pedestrian activity along highways.
• Increasing patrols in high-risk areas to deter speeding and reckless driving.
• Informing the public about safe procedures when stopping on highways.

Implementing these changes could significantly reduce pedestrian accidents.

Safety Tips for Exiting a Vehicle on SC Highways

Pedestrians who must exit a vehicle should follow these precautions:

• Activate hazard lights to warn other drivers of your presence.
• Set out flares or warning triangles to increase visibility, especially at night.
• Exit on the passenger side to avoid stepping directly into traffic.
• Remain inside the vehicle if possible until help arrives.
• Pull as far onto the shoulder or into an emergency lane as the vehicle allows.
• Move behind a guardrail or away from traffic lanes after exiting.

Following these safety tips can prevent serious accidents.

Contact a Spartanburg Pedestrian Lawyer at HawkLaw P.A. Today

If you were injured after exiting a disabled vehicle, consulting an experienced attorney is essential. HawkLaw P.A. is experienced in pedestrian accident claims and can guide you through the legal process. Contact us today for a free consultation*. Our team is committed to helping you receive the compensation you deserve.

HawkLaw serves clients throughout South Carolina from offices in Charleston, Columbia, Greeneville, and Anderson. The Anderson office is by appointment only, and most clients will be served from the Greenville office.