Bike Crash Frequently Asked Questions in South Carolina

The aftermath of a bicycle accident can leave you with many unanswered questions.

You might wonder how long it will take to recover, who you can hold responsible for your injuries, and what that means for you financially.

Many of the answers depend on South Carolina’s personal injury laws. The bicycle accident lawyers at Wilson Law Group, LLC compiled the information you need to understand your rights below.

What are the Bicycle Laws in South Carolina?

Under South Carolina law, bicyclists have the same rights and duties as motor vehicle drivers, with limited exceptions. Anyone riding a bicycle in South Carolina must follow these rules:

• When a bike lane adjacent to a roadway is provided, ride in the lane except when passing another bicycle or avoiding an obstruction.
• You can ride on the road if an adjacent recreational bike path is available instead of a bike lane.
• Ride as far to the right side when cycling on the road. Bicyclists can ride on the shoulder of the roadway, but it isn’t required.
• Exercise due care when operating a bike on a roadway while passing a standing vehicle or one traveling in the same direction.
• A bicyclist can only ride in a lane other than the right-hand lane if only one lane allows the biker to follow their intended route.
• Bicyclists cannot ride more than two abreast except on parts or paths of roads exclusively for bicycle use.
• Riders must ride on a bike with a regular and permanent seat.
• Cyclists are prohibited from carrying a bundle, package, or article that prevents them from keeping at least one hand on the handlebars.
• Bikes ridden at night must have a red reflector on the back visible from 50 to 300 feet under normal conditions and a lamp on the front that emits a white light visible from at least 500 feet ahead.
• Bikes must have a brake that enables the rider to skid the braked wheels on clean, dry, level pavement.
• Cyclists must use hand signals to indicate their direction of travel or if they are stopping.

Drivers also have a duty to protect bicyclists from harm. For instance, motorists must not drive in a designated bike lane. They must also maintain a safe operating distance from cyclists and refrain from harassing or throwing things at riders. They can be held liable for any bicycle accidents they cause by neglecting that responsibility.

What Should You Do After a Bicycle Accident?

What you do after a bicycle accident can impact your ability to pursue compensation from the person who hit you. Consider taking as many of these steps as possible to protect yourself and your right to financial recovery:

• Get medical treatment – Seeking medical attention after a bicycle accident is critical to your physical well-being. It also serves as the beginning of your legal claim. The records of your treatment establish a paper trail documenting the extent of your injuries and tying them to the accident. They will also speak to the financial burden the at-fault driver left you with.
• Document the bicycle accident – Start a pain journal to document your injuries and symptoms. Indicate any physical or mental limitations from the collision and whether performing specific tasks worsens your pain. Keep copies of your medical bills, prescriptions, lost income, and out-of-pocket expenses related to the accident. Don’t get your bike repaired until an attorney inspects it, and keep the clothes, helmet, and shoes you were wearing at the time of the collision.
• Consult a bicycle accident lawyer – No law requires you to retain legal representation, but having an attorney improves your chance of recovering the full value of your claim. Your lawyer can investigate the accident to determine liability, file insurance claims and demand letters on your behalf, negotiate with insurance adjusters, and prepare your case for trial if necessary. While they do the heavy legal lifting, you can concentrate on your health and recovery.

 

What are the Most Common Bicycle Accident Injuries?

Because cyclists have little besides a helmet to protect them from the force imparted by a multi-ton motor vehicle, they often suffer serious injuries like:

• Traumatic brain injury (TBI)
• Deep cuts and lacerations
• Crush injuries from being pinned beneath a car
• Internal bleeding and organ damage
• Broken bones
• Facial fractures and disfigurement
• Spinal cord injuries or paralysis
• Nerve damage
• Penetrating injuries from flying debris
• Road rash

The cost of medical treatment after a bike crash can get expensive fast. After reviewing your case, a bicycle accident lawyer in South Carolina can discuss how to pursue compensation for medical bills through a personal injury claim or bicycle accident lawsuit.

What Should I Do if I Feel My Injuries From the Accident Aren’t Serious?

The adrenaline and shock of an accident can temporarily mask the effects of many injuries. Others take hours, days, and even weeks before their symptoms manifest. Always seek medical attention regardless of how severe you think your injuries might be. Not only does this improve your prognosis, but it shows the full extent of your injuries and links them to the accident. Without that documentation, the at-fault driver’s insurance provider might argue your injuries have some other source or are not as severe as you claim.

Who is Usually at Fault?

Anyone can be at fault for a bicycle accident, including the cyclist. However, motor vehicle drivers are often responsible for these collisions because they ignore riders, don’t understand state laws, or can’t see bicycles traveling near them. An attorney can independently investigate the crash to determine who is to blame and whether you can seek compensation.

What Damages Can I Recover After a Bike Crash?

If you suffered injuries in a bicycle accident someone else caused, they might owe you financial compensation — called damages — for economic and noneconomic losses.

Economic damages cover monetary losses. They include actual, quantifiable expenses you incurred due to the bike crash, such as:

• Hospital visits, surgeries, rehabilitation, and other medical expenses
• Lost income
• Loss of future earnings
• Property repair or replacement costs

Noneconomic damages are intangible losses. They are subjective and cover the non-monetary consequences of an injury, such as:

• Emotional distress
• Lost enjoyment of life
• Pain and suffering

Why Should I Hire a Lawyer for My Bicycle Accident?

A bicycle accident can cause catastrophic harm and leave you facing a long, expensive road to recovery. If someone else caused the accident, they could owe you money for what you’ve suffered. But proving they’re to blame and getting them to pay up are challenging tasks. That’s where hiring a bicycle accident attorney in South Carolina can help.

An experienced lawyer can relieve your burden by taking on the responsibility of your case. You won’t have to talk to the insurance carrier, gather evidence, negotiate a settlement, or complete other tasks that distract you from recovering. Your attorney can handle the case from start to finish and work aggressively to resolve any disputes with the insurance company. Insurers are never eager to make a payout, so you can expect them to offer lowball settlements that do not reflect the true value of your case.

Hit by a Car While Riding? Get Help From Our S.C. Bicycle Accident Lawyers

Wilson Law Group, LLC is a trusted personal injury law firm providing comprehensive, quality legal services to people in Bamberg and the surrounding areas. With over 40 years of combined legal experience, our attorneys offer unparalleled support and vigorous legal representation when you need it most. If you suffered injuries while cycling, contact us today for a free consultation with a South Carolina bicycle accident lawyer.