Bicycle Accident Lawyer Near Murrells Inlet

Bicycle Accident Statistics

According to Fox News, South Carolina is the 5th most dangerous state for bicycle accidents, with 178 total bicyclist fatalities between 2010 and 2019. While the state does require bicyclists to use bike lanes when possible or to stay as close to the right side of the shoulder when riding accidents are frequent and often lead to very serious injuries.

Legal Rights of Cyclists After an Accident

Bicycle accidents can lead to serious injuries and significant emotional and financial challenges. If you’re a cyclist involved in an accident, it’s crucial to understand your legal rights and the options available to you for seeking compensation. Cyclists, like anyone else on the road, are entitled to compensation for injuries, lost wages, property damage, and pain and suffering if the accident was caused by someone else’s negligence or carelessness.

One of the first things you should do after a bicycle accident is seek medical attention, even if your injuries don’t seem severe. Many injuries, especially head trauma, can worsen over time. Once you’re safe, documenting the accident is key. This includes taking pictures, gathering witness statements, and filing a police report. The more evidence you can gather, the stronger your case will be if you choose to pursue legal action.

Cyclists typically have two main avenues for seeking compensation: insurance claims and personal injury lawsuits. If the accident was caused by a motor vehicle, you may be able to file a claim with the driver’s insurance company. Depending on the circumstances, you may also be able to use your own insurance policy to cover medical costs.

If the insurance company offers a low settlement or denies your claim, or if the driver was uninsured or underinsured, you may need to pursue a personal injury lawsuit. In a lawsuit, you can seek damages for medical bills, lost wages, pain and suffering, and other related expenses. A skilled attorney can help you determine whether you should accept a settlement offer or proceed with legal action to secure the compensation you deserve.

Additionally, in some cases, if the driver’s actions were particularly reckless or negligent (for example, driving under the influence or running a red light), you may also be able to seek punitive damages, which are designed to punish the wrongdoer and deter similar behavior in the future.

Understanding your legal rights and options after a bicycle accident can be overwhelming, but working with an experienced personal injury attorney can help you navigate the legal process and ensure you receive fair compensation for your injuries and losses.

Recent Bicycle Accident Settlements in South Carolina

The Lovely Law Firm has helped many victims secure significant settlement amounts for bicycle accidents that have occurred throughout South Carolina.

• Bicyclist Struck by Motor Vehicle** – Our client was a 15 year old boy who suffered serious injuries including trauma, cervical and thoracic spine injury, abrasions, and contusions after he was struck by a vehicle while riding his bicycle. We were able to get him a settlement of $77,000.
• Bicyclist Struck at Crosswalk** – Our client suffered serious head, ankle, pelvis, chest, and cervical spine when he was hit by a vehicle was at a crosswalk with his bicycle. We were able to secure a settlement of $62,250 for him.

The Importance of Helmet Use in Bicycle Safety

Wearing a helmet is one of the most effective ways to protect yourself from head injuries in the event of a bicycle accident. Cyclists are vulnerable to crashes due to the lack of protective barriers, and while helmets can’t prevent accidents, they can significantly reduce the severity of injuries, particularly traumatic brain injuries (TBI).

Head injuries are among the most common and serious injuries cyclists face in accidents, and they can lead to long-term complications or even death. A helmet helps absorb the impact of a fall or collision, reducing the risk of skull fractures, concussions, or more severe brain injuries. Research consistently shows that wearing a helmet can reduce the risk of serious head injury by up to 70%, and the risk of fatal head injury by up to 40%. This makes helmets one of the most important pieces of safety equipment for cyclists, whether you’re riding on city streets, rural roads, or scenic paths.

Aside from the health benefits, wearing a helmet can have legal implications. Although it is not mandatory to wear a bicycle helmet while riding in South Carolina, if a cyclist is not wearing a helmet, it could be used against them in a legal case. Insurance companies and defense attorneys may argue that the cyclist’s failure to wear a helmet contributed to the severity of the injuries, potentially reducing the compensation they are entitled to.

Many cycling advocates, medical professionals, and legal experts stress that helmets are an easy, affordable, and effective way to reduce the risk of catastrophic injuries. Whether you’re an experienced cyclist or just getting started, never underestimate the importance of wearing a helmet, it could make all the difference in your safety and recovery after an accident.

The Statute of Limitations for Bicycle Accidents

South Carolina has a statute of limitations for filing a lawsuit after you have been injured in an accident because of the negligence of others. Under S.C. Code Ann. § 15-3-530, you must file a lawsuit within three years of the date that you were injured. If you don’t file your claim within the limitations period, you will be barred from seeking to recover damages for your losses.

Under the South Carolina Tort Claims Act, the statute of limitations for filing a claim with the responsible agency is two years from the date of your injury. The agency will then have 180 days to either deny your claim or to pay it.

Get help from a Bicycle Accident Lawyer Near Murrells Inlet

If you have been injured in a bicycle accident, you may be left with injuries such as road rash, fractures, paralysis, and others. You might also be unable to return to your job while simultaneously dealing with mounting expenses. An experienced bicycle accident lawyer serving Myrtle Beach may help you to understand the legal remedies that might be available to you. Contact us today to learn about your rights and to schedule a consultation.

If you need a bicycle or ebike accident lawyer in Columbia, SC, The Lovely Law Firm offers experienced legal representation to help you navigate your case.