Columbia Bicycle Accident Lawyer

Columbia Bicycle Accident Attorney

It can be fun and exhilarating to ride a bicycle throughout town. It is an enjoyable leisure activity and a reliable method of transportation that can help you stay in decent shape. Still, it’s important to remember that riding a bicycle in a heavily trafficked area can be extremely dangerous if you aren’t careful. If you end up in an accident with a much larger vehicle, you could be seriously injured. You should speak with a Columbia bicycle accident lawyer at that point.

When you suffer a personal injury due to a bicycle accident, it’s not unreasonable to want proper compensation from the party who caused your injury. The legal team at the Law Office of Charles T. Brooks III can accomplish your goal while giving you the necessary time to heal from your injuries. It can be a complicated hassle to handle your legal case all by yourself, especially if you don’t know how. Leave it to a lawyer who empathizes with your situation to do so.

South Carolina’s Bicycle Laws

According to South Carolina state law, bicycles are considered a part of the flow of traffic. Bicyclists are expected to obey traffic laws, ride as far to the right as they practically can, and remain in a bike lane if one is present. Since they are considered a part of traffic, they have the same responsibilities as all the other drivers, including exercising caution to avoid an accident. Sometimes, an accident is unavoidable, though, and another driver may cause the accident.

For bicycle helmets, South Carolina does not have a statewide law that requires bicyclists to wear one. The law does require bicycles to be equipped with certain safety features, particularly reflector lights that make them more visible at night. However, if you do not wish to wear a helmet, no one is going to stop you. Still, it is recommended that you wear one anyway. A helmet can be the difference between surviving an accident and not surviving it.

According to information from the South Carolina Department of Transportation (SCDOT), there were 14 fatalities in bicycle accidents in the state in 2020 alone. While this may not initially seem like a high total, it’s still a considerable number of fatal accidents that need to be taken seriously. If you survive a bicycle accident, you may want to reach out to a Columbia trauma support group, such as NAMI South Carolina or Foundations Family Life Counseling.

Statute of Limitations

If you decide to move forward with legal action against the individual who hit you, it is important to your case’s success that it adheres to South Carolina’s statute of limitations on personal injury claims, which includes bicycle accident claims. Generally, you will be given three years to put together a strong case, gather all the evidence you need, consult an injury lawyer, and file a claim for damages. If you wait too long, your case may be dismissed.

If you cannot bring a valid case to fruition before three years have passed, there is a strong chance that your case is going to fall apart quickly. The court will likely dismiss it outright, and your chance to pursue damages will pass without any legal action taken. Building a strong bicycle accident case can take a lot more time than you might think, and it’s important that you get started as soon as you can. You don’t want to run out of time.

If you are at all concerned that your case may not be strong enough, you should consult an injury lawyer in Columbia for a brief evaluation of your case thus far. They can let you know if you have something worth pursuing or if you need more evidence. You may be surprised to learn that your case is stronger than you thought.

FAQs About Columbia, SC Bicycle Accident Laws

How Much Compensation Can You Get for a Cycling Accident?

There is no way to know how much compensation you could get for a cycling accident before proceedings are underway. Every bicycle accident case is different, with each one having its own distinct contributing factors that make it a unique experience. The amount you may obtain in compensatory damages will depend on the severity of your injuries, the evidence you have that proves negligence, and your lawyer’s negotiation skills, among other factors.

Who Pays If a Bike Hits a Car?

If a bike hits a car and actually causes the accident in South Carolina, there will still need to be an investigation to determine exactly who was at fault. South Carolina uses a contributory negligence model to assign the exact amount of fault to the right person. If the bicyclist is found to be more than 50% at fault for the accident, they cannot recoup any damages.

What Insurance Covers Bike Accidents?

Generally, bicycle accident insurance coverage can come from multiple sources. The at-fault driver’s car insurance or the bicyclist’s own insurance, if the driver has none, are often the most reliable sources of insurance relief. It depends largely on who is found to be at fault for the accident and whether their policy covers bicycle accidents. If you are concerned that your policy doesn’t cover such accidents, you may want to speak with your insurance company.

What Happens If a Cyclist Hits Another Cyclist?

If a cyclist hits another cyclist, the fallout would be fairly similar to that of a car accident. You would still check yourself for injuries and call 911 if needed. Be sure to exchange insurance information with the other cyclist if there are serious injuries or property damages that need to be addressed. An investigation can be conducted to determine who was at fault for the accident. If you wish, you can take legal action against them for compensation.

Contact a Lawyer Today

The Law Office of Charles T. Brooks III can put together a strong case for compensation after a bicycle accident. Contact us to speak to someone on our team about how we can help.