South Carolina is one of the most dangerous states in the country. Bicycle accident fatalities are no exception. One study shows that South Carolina ranks as the fifth most dangerous state in the country for bicycle accidents. If you have been injured in a bicycle accident, you may be entitled to financial compensation, depending on the circumstances. The experienced personal injury lawyers at Hunter & Everage are here to fight for you when you have been injured by someone else’s carelessness.
South Carolina Has Laws Protecting Cyclists
South Carolina law protects bicyclists by giving them the same rights and obligations as any other vehicle in traffic. If you are on a bicycle, you have your right to a lane in traffic. A motorist must give you a certain amount of space when they are passing. You also have obligations, such as the requirement to wear a helmet and yield the right of way when necessary.
Common Causes of Bicycle Accidents in South Carolina
Drivers often do not know the laws in effect to protect cyclists. Even if they do, they are often focused on their interests and not the safety of others on the road.
Causes of bicycle accidents in South Carolina include:
- Distracted drivers who do not see bicyclists around them on the road (drivers need to look a little more closely because a bicyclist is not always on eye level)
- Drivers or passengers opening car doors, striking a bicyclist as they pass them in a bike lane
- Motorists following too closely behind bicycles or not giving them enough room when passing
- Speeding drivers who lose control or who are not able to avoid a crash with a biker
- Drunk drivers who have no awareness of anyone in their surrounding vicinity
No matter what caused the accident, you must prove that someone else was to blame before you can receive any compensation.
Proving Negligence in a Bicycle Accident
The basis of your legal rights in a bicycle accident is that someone else has injured you with their negligence. In a personal injury case, negligence is a term that has a very specific legal meaning. There is an element of wrongdoing involved, and it is your burden to prove that it happened. You must show that the driver did something that a reasonable motorist would not have done under the circumstances. To do so, you must come to the table with evidence that proves what the driver did to cause the accident.
Since the evidence that you need to prove your case is not available to you for an extended amount of time, you must act quickly. When you hire our attorneys for your case, we will launch an immediate investigation, collecting the evidence you need to demonstrate what happened. Our attorneys may rely on the following:
- Witness testimony from people who saw the accident
- Pictures from the scene of your accident
- The police report, which contains the officer’s impressions of what they saw (although this evidence is not admissible in court)
- Dash cam footage from drivers in the area
- Testimony from an accident reconstruction expert
The insurance company will examine the evidence carefully before accepting liability and making you a settlement offer. The insurance company may try to blame you for the accident, either in whole or in part.
How Do We Seek Compensation for a Bicycle Accident?
If you have been injured in a bicycle accident, you would seek compensation from the driver’s insurance company. The first thing that they need to see is that their policyholder was to blame for the accident. They may then make you a settlement offer, which begins the negotiation process.
Before you approach the insurance company, you should have an experienced lawyer representing you. Insurance companies have been known to use tactics that can compromise your legal rights and cost you money. For example, the insurance company likes to blame bicyclists for their accident injuries, often without a reasonable basis. Our lawyers put pressure on the insurance company to do the right thing and pay you. When you hire us for our case, our job is to stand up for you and fight back.
How Long Do You Have To Seek Compensation for a South Carolina Bicycle Accident
For every type of personal injury claim, there is something known as the statute of limitations that sets a deadline on your legal rights. At a certain point, your right to seek financial compensation expires. If you miss the deadline, you lose the right to get a settlement entirely. In South Carolina, the statute of limitations is generally three years from the time that you were injured or should have known you were injured. You should never wait this long to file a claim—you may have a little chance of receiving compensation if you do not move relatively quickly.
The Importance of a Lawyer in a South Carolina Bicycle Accident Case
Because of the severity of injuries involved, your compensation in a bicycle accident case stands to be significant. The higher the stakes, the more you can expect the insurance company to fight against your claim. They may try to blame the accident on you or make you lowball settlement offers.
You need to contact an experienced bicycle accident attorney as soon as possible after the accident. Your lawyer will gather the evidence you need to prove negligence and deal with the insurance company on your behalf. If you do not have a lawyer, the size of your check will likely be much smaller, if you are even able to receive one at all.
Contact an Experienced York, SC, Bicycle Accident Attorney Today
When you need a heavy hitter for a high-stakes personal injury case, reach out to the aggressive attorneys at Hunter & Everage today. Insurance companies fear us because they have seen first-hand what we can do when our client’s legal right to compensation is at stake.
You can schedule a free initial consultation with one of our attorneys, where we will review your case and explain your legal options, by calling us today at 704-377-9157 or by sending us a message online.