Charleston Bicycle Accident Lawyers

Fighting For Those Who Have Been Injured in Bicycle Accidents in South Carolina

In Charleston, bicyclists generally have the same rights and responsibilities as motor vehicle drivers under South Carolina law. They are expected to follow traffic signals and signs, but they remain far more vulnerable to serious injury in a crash because they lack the protection of an enclosed vehicle. When a bicycle accident is caused by a driver’s negligence, the injured bicyclist may have the right to pursue a personal injury claim.

Because Charleston has an active and growing bicycling community, collisions with motor vehicles remain a serious risk. If you were injured in a bicycle accident caused by a negligent driver, a Charleston bicycle accident lawyer at Pierce | Sloan can help protect your rights and pursue compensation. Our team understands South Carolina bicycle laws, investigates the facts carefully, and works to build a strong case aimed at recovering the compensation you deserve.

How Negligent Motorists Hurt Bicyclists in Charleston

As with car accidents in Charleston, not every bicycle accident is grounds for a personal injury claim. To be eligible for a civil suit, the driver involved must have exhibited negligence on the road. This negligence can be present in any number of ways.

Common examples of motorist negligence in bicycle accidents include:

• Vehicles drifting into bicycle lanes (or road shoulders)
• Failure to look at intersections and turns
• Failure to look before exiting a parked vehicle
• Distracted driving due to texting, phones, or devices
• Speeding
• Drunk or fatigued driving (impaired driving)

Understanding what caused a bicycle accident can help show whether negligence played a role. Our legal team investigates the facts thoroughly by reviewing evidence such as traffic camera footage, eyewitness statements, and accident scene details to build a strong claim. If one or more of these factors contributed to the accident that injured you, you may have legal options. Contact our bicycle accident law firm today to speak with a dedicated personal injury lawyer in Charleston and learn how we can help pursue the compensation you need.

Common Injuries in Bicycle Accidents

Bicycle accidents can result in a wide spectrum of injuries, varying in severity. 

Common injuries may include:

• Head Injuries: Traumatic brain injuries (TBIs) are a significant concern in bicycle accidents, even when wearing a helmet. Concussions, skull fractures, and other head injuries may have lasting effects on a victim's life.
• Spinal Cord Injuries: The impact of a bicycle accident could cause damage to the spinal cord, resulting in paralysis or other debilitating conditions that may require extensive medical care and rehabilitation.
• Fractures and Orthopedic Injuries: Cyclists often suffer from broken bones, dislocations, and other orthopedic injuries due to the force of the impact during an accident.
• Internal Injuries: In some instances, bicycle accidents may lead to internal injuries, like organ damage or internal bleeding, which may not be instantly noticeable but can have serious consequences.
• Soft Tissue Injuries: Sprains, strains, and contusions are common soft tissue injuries sustained in bicycle accidents, often causing pain and discomfort that may persist over time.

Individuals involved in bicycle accidents should seek immediate medical attention to ensure any injuries are properly diagnosed and treated. Furthermore, documenting these injuries through medical records and physician testimony is crucial in building a strong case for compensation. Our legal team can guide you through this process, ensuring that no vital piece of evidence is overlooked, thereby reinforcing your claim for the maximum recovery possible.

What Damages Could Be Recovered in a Bicycle Accident Claim?

When pursuing a bicycle accident claim, victims may be eligible to recover various damages to compensate for their losses. 

Potential damages may include:

• Medical Expenses: This includes present and future medical costs, rehabilitation costs, and expenses related to necessary medical treatments arising from the accident.
• Lost Wages: If the injuries sustained in the bicycle accident prevent the victim from working, compensation may be sought for lost earnings, as well as future loss of earning capacity.
• Pain and Suffering: Victims could be qualified for compensation for the physical and emotional pain and suffering they endure as a result of the accident and its aftermath.
• Property Damage: Damages to the bicycle and any other personal property as a result of the accident can be included in the claim.
• Wrongful Death Damages: In the tragic occasion of a fatal bicycle accident, surviving family members may pursue wrongful death damages to cover funeral expenses, loss of companionship, and other related costs.

Understanding the types of damages that can be recovered is instrumental in recognizing the full extent of your compensable losses. Each case is unique, and by consulting with our legal professionals, you can gain insight into the applicable compensatory categories, helping you to prepare and file a comprehensive claim. This ensures that all pertinent aspects of your financial and emotional suffering are accounted for, maximizing your recovery potential.

Steps to Take After a Bicycle Accident in Charleston

After a bicycle accident, the steps you take can protect both your health and your injury claim.

• Get to safety and call 911 if anyone is seriously hurt
• Seek medical attention right away, even if injuries seem minor
• Take photos of the accident scene, your injuries, your bicycle, and any vehicle involved
• Exchange contact and insurance information with the driver
• Get names and contact details from any witnesses
• Do not admit fault or apologize at the scene
• Report the accident to law enforcement and your insurance company
• Contact experienced bicycle accident attorneys to review your case and protect your rights

How a Charleston Bicycle Accident Lawyer Can Help

A Charleston bicycle accident lawyer can handle the legal work while you focus on your recovery. This includes investigating the crash, gathering evidence, identifying all liable parties, reviewing insurance coverage, calculating your damages, and dealing with the insurance company on your behalf. Your attorney can also work to preserve important evidence such as traffic camera footage, police reports, medical records, witness statements, and accident scene documentation before it is lost or harder to obtain.

Bicycle accident cases can quickly become complicated, especially when the driver denies fault or the insurance company tries to shift blame onto the cyclist. A lawyer can protect your rights, respond to these tactics, and build a claim supported by evidence. If a fair settlement is not offered, your attorney can file a lawsuit and prepare your case for trial. Having legal representation may improve your ability to pursue full compensation for medical expenses, lost income, pain and suffering, property damage, and other losses related to the accident.

Who Can Be Held Liable in a Charleston Bicycle Accident Case?

Liability in a Charleston bicycle accident case may extend beyond the driver who hit the cyclist. Depending on the facts, one or more parties may be legally responsible for causing or contributing to the crash.

Potentially liable parties may include:

• Negligent drivers who were speeding, distracted, impaired, failed to yield, or made unsafe turns
• Vehicle owners if they allowed an unsafe or unqualified person to use the vehicle
• Employers if the at-fault driver was working at the time of the crash
• Government entities if dangerous road design, poor maintenance, missing signs, or unsafe bike lane conditions contributed to the accident
• Manufacturers or parts companies if a defective bicycle part or vehicle component played a role in the crash

Identifying every liable party is important because it can affect both the strength of your claim and the compensation available. Our legal team can investigate the collision, determine who may be responsible, and pursue recovery from all appropriate sources.

Charleston’s Bicycle-Friendly Initiatives

Charleston is committed to improving its infrastructure to create safer environments for bicyclists. Recent years have seen increased efforts to establish dedicated bike lanes and signage to support bicyclists across the city. These infrastructure developments aim to reduce accidents and encourage more citizens to consider bicycling as a viable and safe mode of transportation. While these initiatives are a step in the right direction, the risk of negligent drivers remains an issue that needs legal intervention. At Pierce, Sloan, Kennedy & Early LLC, our attorneys stay informed about these improvements and leverage this knowledge when advocating for our clients. We argue that safer roads highlight a clear expectation of safety for cyclists, thereby reinforcing negligence claims in accident cases.

Frequently Asked Questions

What should I do if the driver leaves the scene after a bicycle accident?

Try to get any details you can about the vehicle, including the make, model, color, and license plate number. Get witness information, call the police, and make sure a report is filed. Then seek medical care and speak with a bicycle accident attorney as soon as possible.

How long do I have to file a bicycle accident claim in South Carolina?

In most cases, you have three years from the date of the accident to file a personal injury lawsuit in South Carolina. It is best to act quickly so evidence is preserved and witnesses are easier to locate.

Will my bicycle accident claim go to trial?

Most bicycle accident claims settle before trial. If the insurance company does not offer fair compensation, your attorney may recommend taking the case to court.

Contact Our Bicycle Accident Attorney in Charleston Today

Our Charleston bicycle accident lawyers at Pierce, Sloan, Kennedy & Early LLC are ready to help you pursue the compensation you deserve. Contact us today to discuss your case and learn about your legal options.