Steps to Take Immediately After a Bicycle Accident
If you’re involved in a bicycle accident, you should seek emergency medical attention. Even if you do not think at first that you’ve suffered any injuries, you should still get a thorough exam. Many serious injuries involve delayed symptoms, and the trauma of a crash can mask signs of injury.
Another valuable step that you can take is to try to collect any evidence from the scene of the crash. Take photographs of everything involved in the accident and take pictures from multiple angles and distances. You will never be told that you took too many. The easiest way to do this is to use your cell phone. If you are too injured to take the photos yourself, ask someone on the scene to take them for you.
Also, get the names and phone numbers of any people who saw your accident. As soon as you can, make sure to contact a South Carolina bicycle accident lawyer for help.
Motorists’ Responsibilities to Bicycle Riders
Under South Carolina Code § 56-5-3420, a person riding a bicycle on a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a motor vehicle. Drivers in South Carolina are expected to pass bicycles with caution and provide at least 3 feet of clearance.
When streets have bicycle lanes, bicyclists are expected to use them, and drivers are prohibited from blocking the bike lanes. When there is no bike lane, a bicyclist must ride as far to the right of the road as possible.
South Carolina Code § 56-5-3445 prohibits harassing, taunting, or maliciously throwing an object at or in the direction of any person riding a bicycle. An offense is a misdemeanor punishable by a fine of at least $250 and/or up to 30 days in jail.
Cycling Accident Injuries
Bicyclists are not required by law to wear helmets, which may help reduce or prevent certain kinds of head injuries. In many accidents, helmets do very little to reduce other types of injuries that bicyclists may suffer.
Some of the possible injuries people sustain in bicycle crashes include but are not limited to:
- Neck injuries
- Traumatic brain injuries
- Spinal cord injuries
- Paralysis
- Internal organ injuries
- Fractures
- Nerve damage
- Road rash
- Sprains
- Muscle strains
Serious crashes can result in fatal injuries. If a bicyclist dies because of injuries caused by another party’s negligence, family members could be able to file a wrongful death lawsuit against the negligent party.
Compensation for a Bicycle Accident Case
Many bicycle accidents are resolved through settlements that are intended to cover the lifetime of expenses a victim incurs relating to their crash. A lawsuit may be filed, however, when settlement negotiations do not produce an acceptable offer.
A jury can award compensatory damages to a victim who proves their case by a preponderance of the evidence (the greater weight of the evidence required in a civil lawsuit for the jury or judge without a jury to decide in favor of one side or the other). Compensatory damages usually refer to a combination of economic damages and noneconomic damages.
Economic damages relate to tangible costs that can be readily calculated and proven, such as medical expenses, lost income, and property damage. Noneconomic damages, on the other hand, are more subjective, typically including pain and suffering, loss of consortium, and emotional distress.
Punitive (or exemplary) damages can also be awarded in certain exceptional cases, such as those in which the defendant engaged in willful, reckless, or wanton conduct. Drunk driving is an example of the kind of situation that could involve punitive damages. State law limits punitive damages to three times the amount of compensatory damages or $500,000.
Call Your South Carolina Bicycle Accident Law Firm For a Free Consultation
Most of these accidents are the fault of motor vehicle drivers, but insurance companies for motorists will often try to find any way possible to claim that an accident was the fault of a bicyclist. One way this is accomplished is by simply getting a victim to unknowingly admit to fault during a phone conversation, which is exactly why you should not speak to any insurer until you have legal representation.
Stewart Law Offices represents injured bicyclists in South Carolina and the surrounding areas. You can have our lawyers review your case and help you understand all of your legal options as soon as you call us or complete an online contact form to schedule a free consultation.
When serious bicycle accidents happen, having experienced legal guidance can make a meaningful difference. Brent Stewart, a licensed member of the South Carolina Bar and founder of Stewart Law Offices, brings more than 30 years of experience advocating for injured clients and their families. His decades of practice throughout York County, Greenville County, Aiken County, Richland County, the Lowcountry, and communities across South Carolina have given him deep insight into how local courts, insurance companies, and defense attorneys handle injury claims.