Thanks to South Carolina’s subtropical climate, bicycle riders can get out on the road just about year-round. Unfortunately, despite the prevalence of bicycle riders on the roads in and around Columbia and other cities throughout the Palmetto State, drivers continue to put riders in harm’s way. Collisions involving bicycles and motor vehicles are common, and as you might expect, the riders involved in these collisions are the ones who usually bear the brunt of the harm.
Cyclists are also the ones who are usually following the law. While the dangers of driving recklessly or carelessly in the presence of cyclists are obvious, far too many drivers still choose to ignore the risks. They speed, tailgate, pass too close, read texts and social media posts, and do so without regard for the serious safety risks involved. Request a free consultation with an experienced attorney, Marc Brown, for assistance with your Columbia injury lawsuit.
Why Choose Us as Your Bicycle Accident Law Firm In Columbia?
Marc Brown Law Firm is dedicated to advocating for injury victims, including those injured in bicycle accidents. With Marc Brown Law Firm on your side, you have the following in your case:
- An experienced attorney on your side throughout the process
- A lead attorney with a history of defending corporations and powerful insurance companies, which gives him critical insight to support your case
- A dedication to professional excellence combined with compassion—We will even come to you if your injuries keep you from coming to us
- A personalized legal strategy with the goal of obtaining the largest possible settlement for your damages
Types of Bicycle Accidents In Columbia
Bicycle riders must follow traffic laws and practice due diligence for safety. Still, even the most experienced cyclist may experience serious injuries in a bicycle accident when a driver’s actions are careless or reckless. The most common types of bicycle accidents in Columbia include the following:
- Rear-end collisions occur when a driver follows a cyclist too closely
- Sideswipe accidents happen when a driver passes a cyclist too closely
- Intersection accidents occur when a driver fails to yield the right of way to a cyclist
- Reversing accidents commonly occur when a driver backs out of a driveway and hits a cyclist
- Left turn accidents often occur when a driver making a left turn focuses on traffic approaching from the right and makes a left turn into the pathway of a cyclist approaching from the left
- Right hooking accidents happen when a driver passes a cyclist on their right and then makes a left turn into the cyclist’s path
- Car dooring accidents occur when a driver parks on the roadside and then opens their door into the path of a cyclist
Less commonly, bicycle accidents occur due to road hazards like dangerous potholes or construction debris. In these cases, a negligent road maintenance agency or construction contractor could be held liable for damages.
Who Can Be Held Liable For a Bicycle Crash?
Bicycle accidents happen in an instant, but the painful and debilitating consequences can be long-term or permanent. These are the damages in a bicycle accident claim against the at-fault party. Making a successful claim to recover damages requires evidence of the responsible party’s negligence and liability. The evidence must demonstrate the following:
- The at-fault party owed a duty of reasonable care to the injury victim
- They breached their duty of care through negligence
- The breach of duty caused the bicycle accident and injuries
- The injury victim suffered damages from the injury
Common liable parties in bicycle accidents include negligent drivers, road maintenance agencies, road construction crews, construction contractors, a road planning agency that designed a dangerous intersection, or the manufacturer of a defective bicycle part.
What to Do After a Bicycle Accident In Columbia
Protecting yourself physically and financially begins at the scene of the bicycle accident. After a serious or catastrophic accident, you may be incapacitated and unable to do anything except wait for help. However, if you or an uninjured companion can take purposeful action, a cell phone becomes a critical tool for protecting your physical and financial future. When possible after a bicycle accident, do the following:
- First, call 911 to request emergency services and apply first aid
- Then, use the phone’s camera to take photos of the accident scene, the damaged bicycle, and the involved vehicle
- Add the contact information of the involved driver
- Add the contact information of any eyewitnesses to the accident
- Go straight to the hospital from the accident scene
At the hospital, ask for a complete medical evaluation as well as emergency treatment for obvious injuries. This ensures that the medical professionals diagnose and treat any injuries with delayed symptoms, like concussions, whiplash, and some types of internal injuries. Then, follow your doctor’s treatment recommendations carefully. Be sure to attend every appointment and fill every prescription. Finally, call an experienced bicycle accident lawyer from Marc Brown Law Firm and direct all communication with the defendant and their insurance company to your lawyer.
Questions That You May Have Regarding Bicycle Rights In South Carolina
Are You Entitled to Financial Compensation for Bicycle Accident Injuries?
If you were hit by a vehicle or a truck in Columbia, you may be entitled to financial compensation. Bicycle riders have clear legal rights, and drivers have clear legal obligations when they are behind the wheel. If you were seriously injured because a driver ignored the risks of driving dangerously, you deserve to be compensated, and attorney Marc Brown can help you collect the compensation you deserve.
What Are Your Legal Rights As A Bicycle Rider In South Carolina?
In South Carolina, bicyclists have the same rights on the road as motor vehicle drivers. Among other things, this means that you have the right to occupy your lane, you have the right (and obligation) to come to a complete stop at stop signs and traffic signals, and you have the right to a reasonable buffer at all times. You also have the right to seek just compensation if you are injured as a result of driver negligence, and you can file a claim with the at-fault driver’s insurance company to recover your accident-related losses.
What Are Drivers’ Legal Obligations When They Encounter Bicyclists On The Road?
Motorists have a number of legal obligations when they encounter bicyclists on the road. For example, under Section 56-5-3435 of the South Carolina Code, motorists are required to “maintain a safe operating distance between the motor vehicle and a bicycle” at all times. Additionally, under Section 56-5-3230 of the law, motorists must “exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle [i.e., a bicycle] and shall give an audible signal when necessary.”
With these obligations (among others) in mind, government authorities in South Carolina recommend that drivers take a number of precautions to avoid causing collisions with bicycle riders. These recommendations include:
- “Give cyclists space to take the entire lane when hazards, road width, or traffic speed dictate.”
- “[R]educe speed to allow extra time for cyclists to traverse intersections.”
- “Look for cyclists when opening car doors.”
- “Reduce speed and leave at least three feet of space between your car and a cyclist when passing.”
- “Wait until road and traffic conditions allow [you] to pass safely.”
What Types Of Bicycle Accident Injuries Are Covered By Insurance?
Just as auto insurance covers all types of injuries resulting from vehicle-on-vehicle collisions, it provides full coverage for bicycle accident injuries as well. If you have suffered any type of serious injury in a bicycle accident, we encourage you to contact us promptly for a free initial consultation. This includes, but is not limited to:
- Back injuries
- Bone fractures (including collar bone, rib, limb, and pelvis fractures)
- Burns
- Facial injuries
- Internal bleeding
- Organ damage
- Severe road rash
- Soft tissue injuries (ligament, muscle, and tendon injuries)
- Brain injuries
- Whiplash
What Damages Are Available In a Columbia Bicycle Accident Case?
Injuries in bicycle accidents range from mild, fully recoverable injuries that might cause a few days of lost pay and a single emergency room bill, to life-altering injuries with substantial financial damages, inability to work in the former capacity, chronic pain, or disability. These are economic and non-economic compensatory damages. Common damages recovered in bicycle accident claims include the following:
- Past and future medical expenses
- Past and future income loss or diminished future earning capacity
- Out-of-pocket expenses
- Compensation for pain and suffering
- Catastrophic injury damages (in some cases), for permanent injuries like loss of limb, scarring, disfigurement, loss of one of the senses, or diminished quality of life
If a loved one died in a bicycle accident in Columbia or the surrounding area, a Columbia wrongful death claim could bring compensation and a sense of justice to the family.
What Is the Statute of Limitations for Bicycle Accident Claims In Columbia, South Carolina?
All states place time limits, or statutes of limitations, on personal injury claims, including bicycle accident injury cases. The statute of limitations means the case cannot go to court after the time limit expires, so any negotiations with the insurance company must be resolved through a settlement, or else the case will go to court before the statute of limitations expires. In South Carolina, the statute of limitations for bike accident claims is three years from the accident date. Only a few exceptions apply. For instance:
- If a bicycle accident victim discovers an injury later, the statute of limitations begins on the discovery date, or when the victim should reasonably have discovered the injury. For example, when a nagging backache is later diagnosed as a burst disc from the accident
- If the accident was a hit-and-run, the time limit begins on the date that the driver is identified and apprehended
- If an injury victim is unconscious, comatose, or incapacitated after the accident, the statute of limitations begins when they regain cognitive ability
An attorney from Marc Brown Law Firm can tell you how the statute of limitations affects your case based on the unique circumstances.
Get Legal Help Today – Contact A Columbia Bicycle Accident Lawyer Today
If you would like more information about your legal rights after a bicycle accident in South Carolina, contact us to schedule a free initial consultation with an accident lawyer in Columbia.