Because of their size and speed, bicyclists are often more vulnerable to accidents than other cars. If the car driver is distracted or not following traffic laws, they could tap into a cyclist and send them spiraling into the street. In those instances, the cyclist can suffer severe injuries and experience significant loss of work. When that happens, you need to speak with the Solomon Law Group, LLC. A Columbia bicycle accident lawyer can help you to take those next steps.
How We Can Assist With a Bike Crash Claim
Our team has helped many cycling clients pursue the maximum benefits they are due from an at-fault motorist. We can provide personalized attention to address all your concerns and answer any questions you might have during the claim process.
Our bicycle accident lawyer in Columbia understands the applicable bike and traffic laws. We understand the physical and emotional toll these types of accidents can have. We also appreciate the financial burden that these incidents can generate. Our goal is always to find a fast and reasonable resolution.
If we agree to work together, we’ll take the following steps to support your claim:
- Investigate the accident scene
- Analyze police reports
- Review photos and surveillance videos
- Interview witnesses
- Negotiate with insurance companies
- Fight for your compensation in court, if necessary
All of that support begins with a thorough evaluation of your case.
South Carolina Biking Laws
In South Carolina, bicycles are classified as vehicles. That gives cyclists the same rights and responsibilities as car drivers. As a cyclist, you must obey traffic signals, ride with traffic flow, and signal your turns. You also have to pay attention to all those other vehicles.
The South Carolina legislature has created a series of additional laws specifically targeting cyclists. These are the basic laws for bike riders:
- “Ride as a vehicle, ride with traffic, and obey all traffic signs.
- Ride as far to the right as practical.
- If a bike lane is present, stay in the bike lane unless your destination lies in a different direction. For instance, if you need to pass another bicyclist, turn left, or if a roadway obstruction exists, you would move outside of the bike lane.
- If riding in a group, do not ride more than two side-by-side.
- If you are riding your bike after dark, use lights and reflectors to help increase your chances of being seen by motorists.”
Understanding the law helps determine who broke the law and caused the accident.
Common Causes of Bicycle Accidents
Data collected by the South Carolina Department of Public Safety finds that one bicyclist is killed every 24 days, and another 393 are involved in traffic collisions, averaging out to one per day. Which of the following common causes were in your bicycle accident:
Vehicle Collisions
The most common cause of a bike accident is with another vehicle. That occurs when the driver fails to yield, is speeding, or is driving distracted or intoxicated.
Road Conditions
Cyclists can end up in a serious accident when encountering potholes, debris, or poorly marked intersections. In some of those accidents, fault could be assigned to local government agencies or road maintenance subcontractors who failed to address dangerous road conditions.
Cyclist Error
There are some accidents between cyclists and cars where the cyclist can be partially at fault. That is when the issue of South Carolina’s law of comparative negligence. That means even if you are partially at fault, the motorist can still be held responsible and be compelled to pay out. This is why you need to retain the services of a skilled Columbia bicycle accident lawyer. That attorney will be in the best position to determine liability and help you get what you deserve.
Defective Equipment
As with cars, bike accidents can also result from mechanical failures of the bike. If it can be established that the brakes, tires, or gears caused the accident, the manufacturer can be held liable.
Dooring
Dooring occurs when a car driver or their passenger swings open the door without watching for an approaching cyclist. This often happens on busy streets where cyclists are expected.
You must watch out for bike riders if you park on the street.
Damages Your Columbia Bicycle Accident Lawyer Can Pursue
No matter how your bicycle accident occurred, you may be entitled to compensation from the at-fault driver. Those damages will be classified as one of the following three categories: Economic, noneconomic, and punitive damages. This is what is included:
Economic Damages
Economic damages are all the out-of-pocket expenses incurred from current and future medical bills. That includes any surgery, prescription, hospitalization, or physical therapy. Economic damage also includes lost wages, future earning potential, and property damage to your bike.
Noneconomic Damages
Noneconomic damages are meant to compensate you for pain and suffering, emotional distress, and loss of enjoyment of life. These are damages that your Columbia bicycle accident attorney can help calculate using a multiplier method that assigns a number between 1 and 5 and multiplies that by your economic damage number.
Punitive Damages
Punitive damages are awarded if the driver’s actions are particularly reckless. A jury typically awards these in a civil action.
Wrongful Death
If the bicycle accident results in the death of the cyclist, the surviving family is entitled to seek compensation. In that scenario, the driver could be facing a criminal charge of vehicular manslaughter. To prevail in a wrongful death claim, you must establish that the at-fault party’s actions were especially negligent.
Get the Right Legal Support for Your Bicycle Accident Case
No one likes to admit fault in an accident, especially when that accident will cost them several thousand dollars in compensation to the injured party. When the at-fault driver and their insurance company resist, it is time to involve the Solomon Law Group, LLC.
We can step in and take over the negotiations between you and the insurance company. After hearing your story and gathering the evidence of the accident, we will present that to the insurance company along with the demand for your compensation. If the resistance continues, we might suggest filing a civil complaint. That will allow us to present your story to a jury.
If you’ve been involved in a bike accident, talk to our Columbia bicycle accident lawyer about it. Call to set up a free case evaluation today and find out what your next step should be.
