Every year, numerous bicyclists in the Charleston area suffer injuries in accidents involving vehicles. These accidents, often preventable, can lead to serious, sometimes permanent injuries, impacting families deeply. Many of these incidents result from driver negligence or unsafe urban crossings.
If you or someone close to you has been affected by a bicycle accident in Charleston, seek expert legal guidance from our Charleston Bicycle Accident Lawyers. You could be entitled to compensation for your injuries and losses by pursuing a claim against those responsible for the mishap.
As specialists in personal injury law, HawkLaw has a long-standing history of advocating for clients throughout Charleston in various personal injury cases. If you’ve been involved in a bicycle accident in Charleston, get in touch with the CEO Lawyer Personal Injury Law Firm for a comprehensive case evaluation. We’re here to help you guide you in this challenging time.
How Our Charleston Bicycle Accident Attorneys Advocate for You
Facing painful injuries can be overwhelming, and managing a legal case on your own may seem daunting. Our team is here to handle every aspect of your compensation claim, including:
- Identifying the liable party or parties
- Calculating your damages and setting a target amount for your case
- Determining whether to file a lawsuit or pursue an insurance claim
- Managing the negotiation process on your behalf
- Filing a lawsuit, if necessary
- Striving for the best possible settlement or award
Our bicycle accident attorneys have extensive experience with these types of injury cases. We know how to accurately value claims and navigate common complications.
For example, the opposing party might argue that you violated local or state bicycle laws, challenging your case. They may also claim that your injuries aren’t severe or that not wearing a helmet exacerbates them.
You don’t need to face these challenges alone. Our lawyers are committed to seeing the process through and ensuring you receive the compensation you deserve.
What Damages Can You Recover With the Help of Our Charleston Bicycle Accident Law Firm?
Bicyclists face significant risks, often resulting in severe injuries and substantial losses that can drastically alter their lives. Fortunately, South Carolina law allows victims to recover various economic and non-economic damages when they succeed in personal injury claims.
Here are some examples of recoverable damages in bicycle accident lawsuits:
- Medical Costs: This includes past and future medical payments related to the accident, such as hospital bills, surgeries, rehabilitation, and ongoing medical care.
- Lost Income: Compensation for past and future lost wages if the injuries have impacted the victim’s ability to work.
- Pain and Suffering: Compensation for the physical pain and emotional suffering caused by the accident and subsequent injuries.
- Permanent Disability or Disfigurement: Compensation for any lasting impairments or disfigurement resulting from the accident.
- Loss of Enjoyment of Life: Damages for the diminished ability to enjoy daily activities and pleasures the victim could enjoy before the accident.
- Emotional and Psychological Damages: Compensation for mental anguish, emotional distress, and psychological trauma caused by the accident.
- Other Financial Damages: This can include any other economic losses directly related to the accident, such as property damage or costs for assistive devices and home modifications.
If you or a loved one has been involved in a bike accident near Charleston, SC, contact the CEO Lawyer Personal Injury Law Firm today for a free case evaluation!
What Are the Causes of Bicycle Accidents in Charleston?
Collisions with cyclists often occur due to driver negligence. Bicycles can be less visible to distracted drivers or not paying close attention to their surroundings.
These negligent driving practices can lead to devastating accidents:
- Distracted driving
- Drunk driving
- Reckless driving
- Running a red light or stop sign
- Failing to check for a cyclist when opening the door of a parked car
- Failing to signal a lane change
- Failing to yield to a cyclist
- Blocking a bike lane
- Speeding
While some drivers’ actions can be anticipated, cyclists’ awareness can only go so far in ensuring their safety. Despite safety modifications, such as adding rearview mirrors to handlebars, predicting every situation on the open road is impossible.
In 2023, South Carolina had the country’s ninth highest cyclist fatality rate. These accidents can be catastrophic, and even those that aren’t fatal can result in serious injuries.
Our experienced attorneys understand the severe impact these accidents can have and are dedicated to helping you seek the compensation you deserve.
Common Bike Accident Injuries in Charleston
Cyclists in Charleston often suffer from various injuries in bike accidents. Some of the most common include:
- Head and Brain Injuries: Wearing a helmet is crucial when cycling. These injuries can include traumatic brain injury, skull fractures, concussions, brain contusions, and intracranial hemorrhages.
- Neck and Back Injuries: Your spine is particularly vulnerable in a bicycle accident, especially when your body is crushed or thrown by a moving vehicle. Potential injuries include spinal cord damage, herniated discs, fractured vertebrae, whiplash, and pinched nerves.
- Limb Injuries and Broken Bones: Due to the exposure of your limbs when riding a bicycle, these areas are often injured in accidents. Injuries can range from crushed bones and lacerations to dislocations, torn ligaments, and hip fractures.
- Face, Skin, and Soft Tissue Injuries: Even with a helmet, your face can be unprotected from the pavement, leading to dental fractures, facial fractures, puncture wounds, and permanent scarring. Road rash can cause severe pain, nerve damage, and limited mobility. Muscle strains, sprains, and tendonitis also require recovery time.
- Internal Injuries: Internal bleeding and injury to internal organs can result from blunt force trauma. Many accident victims may not realize they have internal injuries, making it important to seek emergency medical attention after a bicycle accident.
What Are Charleston Bicycle Laws?
In Charleston, South Carolina, bicycle laws are designed to ensure the safety of both cyclists and motorists on the road. These regulations reflect the broader South Carolina state laws but are tailored to accommodate the unique traffic and urban environment of Charleston.
Key Charleston Bicycle Laws:
- Use of Bicycle Lanes: In Charleston, when a bicycle lane is present, cyclists are required to use these lanes rather than the main roadway. Motor vehicles are prohibited from driving or parking in bicycle lanes and must yield to cyclists when crossing or entering a bike lane.
- Riding on Roads: Where no bicycle lanes are available, cyclists should ride as close to the right side of the roadway as practical. Riding on the shoulder is allowed but not mandatory. Cyclists may move to the center of the lane in situations where the rightmost part of the road is unsafe or blocked.
- Passing and Riding Abreast: Cyclists can overtake other bicycles or avoid obstacles in the bike lane by temporarily moving into the vehicle lanes. It’s essential for safety that when riding on public roads, no more than two cyclists ride side by side, unless on designated paths or in a bike lane.
- Equipment and Carrying Limits: Bicycles must be equipped with a permanent, regular seat, and cyclists are required to sit on the seat at all times when riding. Carrying another person on the bicycle is not allowed unless the bike is designed and equipped with a separate seat for an additional rider. Furthermore, cyclists must not attach themselves to vehicles on the road.
- Handling and Carrying Objects: Cyclists should not carry items that prevent them from keeping at least one hand on the handlebars at all times.
- Signal Use: Cyclists must use hand signals to indicate turns and stops. This is critical for communicating intentions to other road users, as bicycles are not equipped with mechanical turn signals.
- Night Riding: Bicycles used at night must be equipped with a front light visible from at least 500 feet away and a rear red reflector that is visible from 50 to 300 feet. Additional lighting and reflective materials are recommended for enhanced visibility.
- Motorist Responsibilities: Drivers of motor vehicles must maintain a safe passing distance when overtaking bicycles and must never harass or endanger cyclists. Shouting, honking excessively, or throwing objects at cyclists is illegal and subject to fines and potential imprisonment.
- Harassment and Safety Violations: Any aggressive behavior towards cyclists, such as harassment or intentionally throwing objects, is punishable by law in Charleston, with fines starting at $250 and potential jail time.
What Initial Steps Should You Take After a Bike Incident in Charleston?
Following these steps can better protect your rights and ensure you have the necessary documentation to support your case.
How Long Do You Have to File a Bicycle Accident Claim in Charleston?
In Charleston, most bicycle accident victims have only three years from the crash date to file a claim. While this deadline might seem distant, having a knowledgeable attorney on your side is crucial immediately after the accident.
Engaging a lawyer quickly after an incident is important for several reasons. First, timely legal intervention ensures that all relevant evidence is collected and preserved while it’s still new and unaltered. A lawyer’s early participation also facilitates a detailed and solid investigation of the event.
Moreover, early legal representation helps in effectively negotiating with insurance companies and accurately assessing the long-term implications of your claim. This can include financial considerations like medical expenses and lost wages. An attorney, familiar with the aspects of the law, can leverage any specific exceptions that may allow for more time to file your claim, thus providing a strategic advantage in your case. This proactive approach ensures that your legal strategy is well-prepared and adaptable to evolving situations.
They can identify and pursue all options to preserve your right to take legal action.
Contact Our Charleston Bicycle Accident Lawyers for a Free Consultation!
Time and again, bicycle accident victims accept early settlement offers from insurance companies because they appear generous. However, what happens when you resume cycling after recovering from an accident, only to find your pain resurfaces?
Armed with adjusters, lawyers, and investigators, insurance companies strive to reduce the compensation you truly deserve. Don’t allow them to undermine or ignore your concerns. If you or someone you love has been involved in a negligent bicycle accident in Simpsonville, contact our seasoned legal team. We have the expertise and resources necessary to vigorously defend your rights, even in the most complex cases.
Call our law firm today at (864) 664-3865 for a free consultation and discussion about your case. If we represent you, there are no legal fees unless we recover compensation for you.
Don’t delay—protect your rights and pursue justice with us by your side.
FAQs:
What are my legal options if I was injured by a car door opening as I passed?
“Dooring” is a common hazard for cyclists. If a driver or passenger opened their door into your path, causing injury, you might be entitled to compensation. Document the incident, get contact information from the driver and any witnesses, and contact a lawyer who specializes in bicycle accidents to evaluate your claim.
I swerved to avoid a pothole on a Charleston street and crashed. Can I hold the city accountable for my injuries?
Municipalities can be held responsible for maintaining safe road conditions. Gather evidence of the hazard, such as photos, and note if the pothole has been reported but not fixed. A lawyer can help you understand if a claim against the city might be viable based on local laws and the specifics of your case.
Another cyclist hit me on a shared path. What should I do next?
Treat this as you would any traffic accident: exchange contact information, document injuries and damages with photos, and gather witness statements if possible. Consult with a bicycle accident lawyer to determine if you should pursue a claim against the other cyclist for negligence.
