Bicycling is a great way to enjoy the outdoors, but not when a careless driver turns your enjoyable ride into a terrifying situation, potentially causing a painful injury. Bicycle accident injuries can limit mobility, disturbing your ability to live, work, and continue daily routines. Living with a painful injury can cause feelings of sadness and hopelessness, making life seem impossible.
If you’re suffering from a bicycle accident injury, you need experienced legal help. The experienced bicycle accident lawyers at Murphy Crantford Meehan can handle your claim while you focus on your medical care. Our compassionate team can help you move forward during this upsetting time by providing the support you need to feel empowered. Contact us today for your free consultation.
Understanding South Carolina Bicycle Laws
Bicyclists should know and understand the various South Carolina laws governing cycling to safely share the road with other vehicles. These laws include:
- Bicycles as Vehicles – Bicycles must follow the same traffic laws as motor vehicles, and cyclists must obey all traffic signals, signs, and lane markings.
- Road Position – Cyclists must ride in the same direction as motor vehicle traffic and stick to the right-hand side unless they are overtaking another vehicle, avoiding hazards, or making left turns.
- Bike Lane Usage – Bicyclists should use designated bike lanes whenever possible, but ride on the roadway if there is no bike lane.
According to the South Carolina Department of Public Safety, a bicyclist dies approximately every 24 days due to a collision. Still, there are steps that cyclists can take to prioritize their safety and reduce the risk of a potential accident, including:
- Wear a Helmet – South Carolina does not have helmet laws that require cyclists to wear helmets while riding. Helmets can reduce the risk and potential impact of head and brain injuries, however, according to the National Library of Medicine.
- Wear Protective Gear – Gloves and reflective clothing can increase cyclists’ visibility on the road, making them easier for motorists to see and potentially reducing the risk of a collision.
- Maintain Your Bike – Regularly check brakes, tires, and chains to ensure the bike’s good condition and safety to mitigate possible injuries.
Common Causes behind Bicycle Accidents
Bicycle accidents can occur due to various factors, often involving interactions between cyclists, motorists, pedestrians, and environmental conditions. Common causes behind bicycle accidents include:
- Failure to Yield – Motorists often fail to yield the right of way to cyclists at intersections and crosswalks, creating unsafe road conditions.
- Speeding – Higher speeds reduce a driver’s reaction time and increase the severity of collisions.
- Distracted Driving – Drivers using mobile phones, eating, or engaging in other distractions can easily overlook cyclists until it’s too late.
- Road Debris – Gravel, leaves, and other debris on the road can be slippery and hazardous for cyclists.
- Adverse Weather Conditions – Rain, snow, or hail can make roads slick and reduce bicycle traction, potentially leading to an accident.
- Dooring Opening Accidents – When a motorist or passenger opens a car door into the path of an oncoming cyclist, failing to check for approaching cyclists first, it can lead to severe injuries.
- Unsafe Passing – Drivers might misjudge the distance needed to pass a cyclist, leading to side-swipe accidents.
- Turning without Checking – Motorists turning right or left without checking for cyclists can cause collisions, especially in intersections.
Common Injuries in Bicycle Accidents
Bicycle accidents can lead to a wide range of injuries, varying in severity from minor to life-threatening. Typical bicycle accident injuries include:
- Facial Injuries – Cuts, abrasions, lacerations, facial fractures, or dental injuries can occur in a bicycle accident and require time to heal completely.
- Head Injuries – Traumatic brain injuries (TBIs) such as concussions or skull fractures can result from bicycle accidents due to the lack of external protection. These injuries can cause long-term cognitive or physical impairments.
- Neck and Spine Injuries – Sudden jolts to the body from the impact of colliding with a car or object can cause whiplash, herniated or slipped discs, or spinal cord injuries, potentially limiting your mobility.
- Upper Body Injuries – Injuries to the shoulders, collarbone, or ribcage, such as fractures, dislocations, or rotator cuff tears, can require long-term rehabilitation to heal completely.
- Internal Injuries – Internal bleeding or organ damage from blunt force trauma to the body or a penetrating object can puncture critical organs such as the liver, spleen, or kidneys. These injury types aren’t always apparent but can be life-threatening when left untreated.
- Lower Body Injuries – Knee injuries such as ligament tears, dislocations, or broken bones can take time to heal, possibly preventing you from working.
What To Do after a Bicycle Accident
A bicycle accident can leave you scrambling to decide what to do next. There are immediate and thoughtful actions you should take to ensure your safety and well-being, including:
- Seek Medical Attention – Even if you feel fine, get a medical evaluation, as some injuries may not be immediately apparent.
- Exchange Information—Get the contact details, drivers’ license numbers, and insurance information of any involved drivers.
- Document the Scene – Take photos and videos of the accident site, including visible injuries, property damage, and involved vehicles.
- File a Police Report – Call the police if they’re not at the scene to report the accident. Get a copy for your records to support your claim.
- Avoid Discussing Fault – Do not admit fault or responsibility for the accident when talking to law enforcement or other involved parties. Stick to the facts of what happened and avoid speculation.
- Call a Bicycle Accident Attorney – Talk to a personal injury lawyer about the accident and your injuries. They can handle your claim and offer legal advice while you concentrate on your recovery and adjusting to post-accident life.
- Stay Off Social Media – Avoid posting pictures, videos, comments, or statements about the accident on social media platforms. Only discuss the accident with your lawyer.
Who Is Usually At Fault If a Bicycle Is Involved in an Accident?
Determining an at-fault party in a bicycle accident involves identifying involved parties, examining their actions, and collecting evidence. Possible liable parties can include:
- Motorists – Drivers frequently cause accidents by failing to yield, speeding, driving distracted, or operating their vehicles under the influence.
- Government Entities—A government entity can be liable if a car, truck, bus, or other motor vehicle owned or operated by the county or state is involved in a bicycle accident.
- Pedestrians – In rare cases, pedestrians can cause accidents by stepping into bike lanes without looking or crossing streets illegally.
Available Compensation for Bicycle Accidents
Your injury can impact your physical, mental, and financial health. You can seek compensation for several losses, including:
- Medical Expenses – This can include any injury-related medical costs, such as emergency room visits, surgery, hospitalization, rehabilitation, medications, medical equipment, and future treatment.
- Lost Wages – If your injury prevents you from returning to work, you can seek compensation for this missed income. Calculate what you would have made without the injury to include this loss in your claim.
- Loss of Potential Earning Capacity – If your injury effectively ends your ability to continue your job, calculate what you would have made over your career and include it in your claim.
- Pain and Suffering – Your injury likely causes persistent pain that you’ve dealt with since the accident, hindering your physical and mental health. You can seek compensation for the pain and suffering in your claim.
- Loss of Enjoyment of Life – If your injury impacts your ability to enjoy activities or hobbies you previously participated in, you can pursue compensation for dealing with this loss.
How a Bicycle Accident Attorney Can Help
A bicycle accident attorney can provide valuable legal assistance and support during a challenging time. They can handle your claim at every stage, including:
- Case Evaluation – Your lawyer can assess the details of your case to determine its strengths and weaknesses and provide an honest evaluation of the potential outcomes.
- Fault Determination – Your lawyer can investigate the accident to identify potentially liable parties and determine fault.
- Evidence Collection – Your attorney can gather all necessary evidence to support your claim. This can include police reports, medical records, witness statements, and any available video footage.
- Claim Construction – Your attorney can collect and handle all the paperwork required to document your injuries and track critical deadlines associated with filing your claim, ensuring you meet all requirements.
- Settlement Negotiation – Your lawyer knows that deep-pocketed insurance companies often try to delay or minimize potential payouts to injury victims who could be entitled to compensation. An experienced attorney can fiercely negotiate for what you need to cover your losses.
- Court Representation – If settlement negotiations fail, your attorney can take your injury claim to court. Sometimes, an approaching court date can encourage a settlement.
Contact a Summerville Bicycle Accident Attorney
You might feel frustrated and alone after a bicycle accident, but help is available. At Murphy Crantford Meehan, we have years of experience with South Carolina bicycle accidents and helping injured cyclists with their bicycle accident claims. Let our injury attorneys worry about your legal concerns so you can focus on your health. Learn more about how we can help you at your free consultation. Call us to schedule today.
