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Bicycle Accident Lawyer Charleston, SC

The beautiful climate, ocean views, and hundreds of miles of multi-use trails would seem to make South Carolina heaven for bicyclists. However, South Carolina is considered one of the least bike-friendly states in the country due in large part to the high number of fatal bicycle accidents every year.

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On average there are 508 reported bicycle crashes every year in South Carolina. Of these crashes, approximately 91% result in injuries, 7% result in property damage and 3% result in fatalities.

 

Who’s at fault for a bicycle accident in South Carolina?

 

Most injury claims made by bicyclists against motor vehicle drivers are negligence claims. To prove negligence in South Carolina, a bicyclist must prove that:

  • The driver owed the bicyclist a reasonable care duty

  • The driver breached their duty (speeding, driving under the influence of alcohol, or texting)

  • The bicyclist was injured because of the driver’s breach 

 

Of course, not all bike accidents are caused by drivers. Other responsible parties might include:

 

  • Bicyclists. Just like drivers, bicyclists owe others on the road a duty to exercise reasonable care

  • Towns or cities. Premises liability laws require property owners to maintain their property free from dangerous conditions

  • Manufacturers. If a bicycle accident is caused by a defective product (such as a brake that fails to engage), the manufacturer may be liable

  • Comparative fault in South Carolina (both rider and driver at fault)

 

South Carolina is a modified comparative fault state, meaning that the plaintiff’s damages are reduced by their percentage of fault. What’s more, if the plaintiff is considered more than 50% at fault for the accident, the plaintiff is barred from recovering any damages.

 

Bicycle Accident Compensation in South Carolina

 

The number of cars vastly outnumbers bicycles on South Carolina roads. If a motor vehicle did cause the accident, the at-fault driver may be liable for the injuries and damages to the individual in the accident who is not at fault. If you were injured due to a negligent automobile driver or another bicyclist, you may be entitled to compensation for your damages and injuries from the accident. You may receive compensation for the following:

  • Property damage

  • Medical injuries and bills

  • Ongoing medical treatment

  • Lost wages and future earnings

  • Emotional distress

  • Pain and suffering

 

Types of Bicycle Accident Injuries

 

Bicycle crashes may result in minor to severe injuries to the parties involved. The injured parties may suffer short-term or lifelong injuries, such as:

  • Bruises, Cuts and Scrapes

  • Sprains and strains

  • Broken bones / fractures

  • Paralysis

  • Traumatic Brain Injury

  • Disfigurement / Amputations

 

What to do if you’ve been in a bike crash

  • Get medical help - your health is the priority

  • Call the Police / Gather Evidence

  • Notify your insurance company

  • Talk with a Personal Injury Lawyer

 

Bicycle Accident and Insurance

 

If you or a loved one was injured in a bicycle accident, it’s advised you don’t try to handle the insurance companies yourself. They have teams of lawyers and investigators with one goal: pay you as little as possible. Contact a knowledgeable, experienced Charleston, SC bicycle injury attorney.

 

Contact Our Charleston Bicycle Accident Attorney Today

 

If your life has been upended by the injury or death of a loved one in a bicycle accident that you believe may have been preventable, get in touch today and schedule a free consultation. Our bicycle accident lawyer, Caroline West has over 25 years of experience fighting for the rights of the injured.

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