Bicycling is a great way to get around – particularly in a state like South Carolina, with its mild climate throughout the year. It is good exercise, environmentally friendly, and a lot of fun. Yet at the same time, cycling can be dangerous. In 2021 alone, there were 434 bike crashes in South Carolina – including 23 fatal collisions.

If you are hurt in a bike accident, you may be able to file a personal injury claim against the at-fault party. You may recover financial compensation for all of your losses, including property damage, lost wages, medical bills, and emotional distress. Our experienced bike accident lawyers will advocate for your right to maximum compensation.

Based in Simpsonville, Derrick Law Office represents injured cyclists throughout South Carolina. Our law firm offers free initial consultations and never charges a fee unless we recover money for you. To learn more or to talk to a Simpsonville, SC injury attorney, reach out to our law offices today.

Common Causes of Bike Accidents

The statistics about bicycle crashes in South Carolina are grim. Biking should be a relatively safe activity – yet it often leads to serious injuries or even death. 

There are many potential causes of bike accidents. This includes:

• Car accidents;
• Bad weather;
• Hazardous road conditions;
• Drivers making turns without checking for cyclists;
• Motorists failing to yield the right of way to bikers;
• Distracted driving;
• Drunk driving;
• Cyclists running into car doors;
• Drivers not following South Carolina traffic laws; and
• Bicyclists not following South Carolina bicycle laws.

Bicycle crashes can often cause catastrophic injuries – or even death. This may include concussions, traumatic brain injuries (TBI), spinal cord injuries, internal organ damage, and paralysis. They also may cause minor injuries, like sprains and strains, broken bones, and lacerations.

Cyclists can take certain steps to reduce the risk of being seriously hurt in a collision, such as following the rules of the road, always wearing a helmet and bright clothing, and never biking under the influence. However, there may be situations where a biker simply cannot avoid a wreck – such as cases where a careless driver strikes them. 

Filing a Lawsuit for a Bike Crash

If you were hurt in a bicycle crash, then you may be able to file a claim against the at-fault party and their insurance company. You could potentially bring a claim against:

• A driver
• The bike or part manufacturer
• A property owner
• A government agency

In most cases, these claims are based on a theory of negligence. This legal standard essentially means that the other party failed to act reasonably under the law. In some cases, such as drunk driving accidents, the at-fault party may have acted intentionally or recklessly.

Negligence can take many forms. A driver who makes a turn without checking for bicyclists and hits a biker could be considered negligent. Similarly, a government agency that knows road conditions are poor and doesn’t fix them or warn people about them could be liable if a cyclist crashes because of a pothole or other problem.

What if I’m Partially at Fault?

In South Carolina, you can recover financial compensation for a bicycle accident even if you were partially at fault. Under the principle of comparative negligence, as long as you were 50% or less to blame, you can file a claim against the at-fault party. Your total compensation will then be reduced by the percentage that you were to blame.

For example, consider a situation where a bicyclist had a few drinks with friends before heading home on their bike. A driver hit the biker when it veered into the bike lane, causing significant injuries. Here, the injured cyclist may be partially at fault because they were biking under the influence. A jury might assign them 10% of the blame for the crash. If the cyclist suffered $50,000 in damages, then their total recovery would be reduced by 10%, or $5,000.

Questions of negligence are sometimes straightforward, such as a driver running a red light and striking a bicyclist. In other cases, it is more complex. The best way to determine if you may have a claim – and to get the money that you deserve – is to schedule a free consultation with a South Carolina bike accident lawyer.

Compensation in a Bicycle Accident Case

In a personal injury lawsuit, you may be able to recover financial compensation for your losses. The exact amount that you can recover will depend on a few factors, such as the severity of your injuries, whether you were partially at fault, and whether you are expected to make a full recovery.

Generally, you may be entitled to three types of damages:

1. Economic damages pay for direct financial losses, including property damage, lost wages, reduced earning capacity, medical expenses, and future medical treatment. 
2. Non-economic damages pay for indirect losses, such as pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement.
3. Punitive damages punish a person who acted intentionally or recklessly.

Both economic and non-economic damages are considered compensatory damages because they compensate an injury victim for their losses. Punitive damages are only available in more unusual cases where the at-fault party (defendant) was more than just careless. These damages are usually awarded by a jury.

In cases where a person dies in a fatal bike accident, their loved ones may be able to file a wrongful death lawsuit. With this type of claim, you can recover money for funeral or burial expenses, loss of care and companionship, medical bills, and other losses. 

A fair settlement in a bicycle accident case should include both economic and non-economic damages and – if applicable – punitive damages. Insurance companies often focus heavily on economic damages, which are often easier to quantify. However, non-economic damages are just as important – particularly after a traumatic event like a bike accident. 

If you want to get maximum compensation for your injuries, a South Carolina bike accident attorney will fight for your rights. They won’t just accept the insurance company’s valuation of your case or the theory of who was responsible. Instead, they will perform a full investigation and work with experts to ensure that you get top dollar for your losses, from the cost to repair or replace your bike to medical expenses to money for your trauma after the crash.

How a South Carolina Bicycle Accident Attorney Can Help

After a bicycle accident, you might be unsure of what you want to do. Seeking legal representation may seem too aggressive when all you want is for your losses to be covered. In many cases, the only way to get the money that you deserve for your injuries is to work with a lawyer.

Insurance companies work hard to boost their bottom line. This often means trying to deny claims outright or to minimize the amount that they pay for accident claims. They use a variety of tactics to achieve this goal, such as asking you to give a statement or sign paperwork before you have had a chance to seek legal advice. They may even tell you that they accept liability and offer you a settlement.

Unfortunately, these lowball settlement offers are rarely enough to cover your losses – which can leave you in a financial hole. These offers also usually don’t include enough money to pay for things like reduced quality of life when you’re afraid to get on your bike or venture out for a ride. 

A South Carolina bike accident lawyer will take on the insurance company for you. They will handle all communications with the insurance adjuster, leaving you free to focus on your recovery. They will also independently investigate the case to build a strong claim for damages.

At the same time, your lawyer will work on the legal aspect of the case. This includes reviewing insurance policies, reaching the law, and determining who might be liable for your injuries. In this way, they will be able to put together a comprehensive claim that will increase the likelihood of you getting full compensation.

Most personal injury lawsuits are resolved outside of court. If the insurance company won’t offer you a fair settlement, your attorney will take the case to trial and ask a jury to return a verdict in your favor. Insurance companies rarely want to risk going to court – which is why they are more likely to offer you maximum compensation if you have legal counsel.

If you have been injured in a bike accident, you are not alone. Derrick Law Office will stand by your side throughout the process and will fight to get you the compensation that you deserve.

How Our Law Firm Can Help

Being in a bike accident can be scary. You have very little protection when you are riding a bike, which increases the likelihood of getting seriously injured. We will work with you to help you get the money that you deserve – and some measure of justice.

Based in Simpsonville, the Derrick Law Office represents South Carolinians who have been injured in all types of accidents, including bicycle crashes. We offer free consultations for all prospective clients and handle personal injury cases on a contingency fee basis. To learn more or to schedule a free consultation with a South Carolina bike accident attorney, give our law firm a call at 864-531-7765 or fill out our online contact form.

I Wrecked My Bike, and No Car Was Involved. Do I Have a Claim?

Possibly. In some cases, bike accidents are a result of our own carelessness or bad luck. However, there are situations where another party is responsible for a bike crash – even if no other vehicle or bike was directly involved. This may include a wreck that was caused by poor road conditions or faulty bike equipment. 

In these cases, it may be possible to sue a local government agency or the manufacturer of the faulty part. A South Carolina bike accident lawyer can explore these possibilities with you during a free initial consultation. Reach out to Derrick Law Office today to talk to a member of our legal team.

How Long Do I Have to File a Lawsuit for a South Carolina Bike Accident?

The statute of limitations for personal injury claims in South Carolina is 3 years. With some exceptions – such as for a person who was a minor at the time of the accident – this means that you have 3 years from the date of the crash to file a lawsuit. If you don’t file within this period, then your case will likely be thrown out of court.

3 years may seem like a long time, but it can go quickly when you are going to doctor’s appointments, doing physical therapy, and otherwise trying to recover. If you have been hurt in a bike crash, reach out to Derrick Law Office as soon as possible to schedule a free consultation with a South Carolina bike accident attorney.

How Can I Pay for a Bike Accident Lawyer?

Personal injury law firms represent clients on a contingency fee basis. This means that you pay nothing upfront, and only pay an attorney’s fee if they recover money for you through a settlement at verdict at trial. The fee that you pay will be a percentage of your total recovery.

Contingency fee agreements make it possible for anyone to hire a lawyer, even if you are short on cash. In South Carolina, call the Derrick Law Office to schedule a no-cost, no-obligation consultation with a Simpsonville bike accident lawyer.