Murrells Inlet Bicycle Accident Lawyers

Community Advocates for the Injured on the Road

In South Carolina, when a driver is negligent and causes a wreck, they can be held accountable for the economic and non-economic harms they have caused. For bicyclists, those harms are typically catastrophic or fatal.

If a car, truck, SUV, bus, motorcycle, or another vehicle hits an unprotected bicyclist, the rider is likely to be thrown from their bicycle in a rollover or somersault. During these chaotic incidents, the bicyclist can suffer a large number of injuries, including traumatic brain injuries (TBIs) and spinal cord injuries (SCIs). Most injured bicyclists also experience broken bones, dislocated joints, deep lacerations, and painful bruises.

At Inlet Law, our Murrells Inlet bicycle accident lawyers do what we can to support the right of our injured clients to fair compensation from resistant defendants and insurance companies. Our aggressive legal advocates can be the strong force you need behind your case, too. 

Recovered millions of dollars both in and outside of court. Contact us on our website today to schedule a consultation or call tel:(843) 357-6454

A Case against the At-Fault Motorist Isn’t as Simple as It Seems

Common sense might tell you that the driver of a vehicle that crashes into a bicyclist would be held legally responsible for the collision. On the flip side, common sense might suggest that the bicyclist would find an easy road to a fair amount of compensation after the crash. Unfortunately, common sense can rarely anticipate how legal matters operate, and things are not as simple as they seem in a bicycle accident case.

Although it seems one-sided in favor of the bicyclist, they will still need to prove three things to maximize their financial compensation:

• Duty: The bicyclist must prove that the driver of the vehicle that hit them owed a duty of care, that the duty of care was reasonably high given the situation, and that the duty of care had been breached.
• Liability: Showing that a duty of care was breached often means demonstrating that the driver was being negligent. Distracted driving and speeding while driving through a residential area can give rise to laws of negligence.
• Damages: All losses and injuries must be shown and organized to demonstrate the extent of compensation that the bicyclist needs to survive this terrible situation. This part of the case is by far the most complex and the part that is stretched, exaggerated, and underpaid most often.

Insurance companies use underhanded tactics all the time to get out of paying the full amount of compensation for a bicycle accident.

What to Do Immediately After a Bicycle Accident

When involved in a bicycle accident, it's important to take the right steps to protect your legal rights and health. Here’s a simple guide on what to do:

• Seek Medical Attention: Even if you don't feel injured right away, it’s essential to see a doctor. Some injuries, like concussions or internal damage, might not be immediately obvious.
• Call the Police: Always report the accident to law enforcement. A police report is a crucial piece of evidence for your case.
• Gather Evidence: If you're able, take photos of the scene, the vehicles involved, and any visible injuries. Also, gather contact information from witnesses.
• Stay Calm and Avoid Admitting Fault: Even if you think you might be partly at fault, don’t admit anything. Let the investigation determine liability.

The Role of Insurance Companies in Bicycle Accident Claims

Insurance companies can be difficult to navigate, especially after an accident. Here’s what you need to know:

• Insurance Adjusters: Adjusters may try to minimize your compensation by offering quick, low settlements. They might also use tactics to downplay the severity of your injuries.
• Document Everything: Keep a record of medical bills, repairs to your bike, and lost wages. This will help prove the full extent of your damages.
• Don't Accept the First Offer: Insurance companies often offer a settlement that doesn’t cover all your expenses. Consult with an attorney before accepting any offer.

Comparative Negligence in South Carolina

South Carolina follows a comparative negligence rule. This means:

• If you are partially at fault, your compensation may be reduced based on your percentage of fault.
• For example, if you’re found 20% at fault, your damages will be reduced by 20%.
• Even if you share some responsibility, you can still recover damages.

Understanding South Carolina Bicycle Laws

Cyclists in South Carolina have certain legal rights and responsibilities. As Bicycle Accident Lawyers, we want to ensure you’re informed about the key laws that can protect your safety and rights on the road:

• Ride with Traffic: Always ride in the same direction as traffic. This helps ensure visibility and safety for both you and other drivers.
• Safety Gear: Helmets are required for riders under 16 years old. While not required for adults, wearing a helmet is strongly recommended to reduce the risk of serious injury in case of an accident.
• Right of Way: Cyclists have the right of way in certain situations, but unfortunately, drivers often fail to respect this. Knowing your rights as a cyclist is crucial, especially if you find yourself in an accident where your right of way is violated.
• Lane Positioning: Cyclists should ride as far to the right as possible, except when turning left or avoiding obstacles. Always be aware of your surroundings, including any passing vehicles, to reduce the chances of accidents and to stay safe on the road.

How Much Are You Owed in Damages?

The phrase “all compensatory damages” is purposefully vague in and outside of the legal world. Exact damages for an incident as variable as a bicycle accident should be pending in a doubt. How each victim can be owed will be subjective, and thus, arguable in many ways and by your plaintiff’s attorney.

As your legal representatives, we might rely on different categories to define and maximize damages owed to you after a bicycle accident. Such categories could include:

• Medical costs
• Projected future medical costs
• Lost wages
• Projected future missed wages or lowered earning capacity
• Damage to the bicycle
• Pain and suffering
• Emotional scarring

South Carolina Bicycle Laws

Even confident bikers who usually avoid conflicts and collisions need to be aware and knowledgeable about bike laws in South Carolina. Most bike laws are designed primarily with the idea of ​​supporting bicyclist safety by keeping them away from moving traffic as much as possible.

When you ride a bicycle in South Carolina, you must ride your bicycle as far away as you can from a lane for moving traffic. But you can ride as far to the left as you want if you are moving at the same speed as traffic or are preparing to turn. You must also ride with the “flow” of traffic – always forward – and you can never carry more than one additional rider unless the bicycle is specifically designed to do so.

Drivers are supposed to not impede on a bicycle’s right of way, but you know that is often not the case. It is an unfortunate situation where an entire vehicle will only give a bicycle rider inches of space. However, a threatening driver robs a cyclist of their right of way, which can be the foundation of a personal injury claim! When a driver moves too close to a bicycle, it can collapse and cause a dangerous collision. Be sure to ask our team about the possibility of visiting a case if you were recently hit by a threatening driver who violated your right of way. 

Do you need more advice about bicycle laws? Call tel:(843) 357-6454 to ask us anything you would like to know about bike laws in Murrells Inlet, SC, or contact us on our website for further assistance.

Frequently Asked Questions (FAQ)

• How can I prove the driver was at fault in a bicycle accident?
  Proving fault requires gathering evidence such as police reports, witness statements, photos of the scene, and any traffic camera footage. Additionally, demonstrating the driver's negligence, such as speeding, distracted driving, or failure to yield, can help establish their responsibility for the accident.
• Can I still file a claim if I was partly at fault for the accident? 
  Yes, South Carolina follows a comparative negligence rule. If you are partially at fault, your compensation may be reduced based on the percentage of fault assigned to you. For example, if you're found 20% at fault, your compensation will be reduced by 20%. Even if you share some responsibility, you can still recover damages.
• How do I deal with insurance companies after a bicycle accident?
  Insurance companies often try to offer low settlements to minimize their payouts. To avoid this, never accept an offer without consulting an attorney. Keep thorough records of your medical expenses, lost wages, and damage to your bike. An experienced bicycle accident lawyer can help you navigate these tactics and fight for fair compensation.
• What types of injuries are common in bicycle accidents?
  Bicycle accidents can result in serious injuries, including traumatic brain injuries (TBIs), spinal cord injuries (SCIs), broken bones, dislocated joints, deep lacerations, and painful bruises. In some cases, these injuries can lead to long-term disability or even death.
• Are cyclists in South Carolina required to wear helmets?   
  While cyclists over the age of 16 are not required by law to wear helmets in South Carolina, it is strongly recommended for safety. Helmets can significantly reduce the risk of severe head injuries in the event of a crash.
• How long do I have to file a claim after a bicycle accident in South Carolina?
  In South Carolina, the statute of limitations for personal injury claims is generally three years from the date of the accident. However, it’s always best to consult with a lawyer as soon as possible to ensure that all deadlines are met and you don’t lose your right to pursue compensation.