A bicycle accident could change your life in the blink of an eye. When a cyclist is struck by a car, serious injuries are likely to occur. Bicycles offer virtually no protection to riders, and fatalities are all too common.
A bicycle injury lawyer in Charleston, South Carolina, can help you figure out what to do next. We can assist you in determining fault and pursuing the settlement you need to pay your medical bills.
Who Is at Fault for Causing a Bicycle Accident?
Anyone who regularly rides a ride in Charleston knows that it’s one of the worst cities for cyclists. The infrastructure leaves something to be desired, and today’s drivers have more distractions than ever pulling their attention away from the road. However, that doesn’t mean bicycle accidents are automatically the driver’s fault.
A person riding a bike is practically as vulnerable to injury in a car crash as a pedestrian. You are not legally required to wear a bike helmet in South Carolina. However, the law treats cyclists more like cars. A cyclist must obey traffic signals, and they may be found liable for causing accidents on the road.
If you were issued a ticket from a responding police officer, you might be declared at fault for the accident. You should enlist the help of a Charleston bicycle accident attorney if you are blamed for causing the accident.
How Long Do I Have To Take Legal Action After a Bicycle Accident?
Even though a bicycle crash could leave you with life-altering injuries, you have a short window of time to take action. In South Carolina, the statute of limitations for personal injury cases gives you only three years from the date of your accident to file a claim per S.C. Code Ann. section 15-3-530.
It’s essential to initiate your bicycle accident lawsuit within this time limit because failing to do so could cause your case to be dismissed outright. Some bike accident injuries, such as traumatic brain injuries, are known to worsen over time. Don’t let your chance to reclaim damages pass you by.
What Damages Can I Seek After a Bicycle Accident?
If the driver of the vehicle that hit you was negligent, you may be eligible to recover compensation for the injuries and expenses you incurred. This could include:
Because you didn’t have the advantage of a car’s advanced safety features like a seatbelt or airbags, it’s unlikely that you walked away from your bicycle accident unharmed. Whether your injuries were minor or serious, you may still be able to get a settlement. You can seek repayment for your medical costs to treat your bicycle accident injuries.
If you had major injuries requiring surgery, follow-up doctor visits, or physical therapy, then you probably missed work during your recovery. Some injuries may leave you unable to work for weeks or months.
In addition to your cost of medical treatment, you can seek repayment for the wages you would have earned if you had not been injured in a bicycle accident. If the accident left you so severely injured that you can no longer perform your regular duties, or you missed too much work and lost your job, you could seek compensation for lost future income.
After a bicycle accident, you may suffer additional financial loss outside of injuries sustained. For example, your $800 Trek bike may have been damaged beyond repair. An accident can also cause you to lose your cell phone or glasses. You can seek repayment for any property damage suffered as a result of your accident.
Call a Bicycle Accident Lawyer in Charleston, SC Today
If you’re suffering from injuries after a bicycle accident in Charlton, call Miller, Dawson, Sigal & Ward Injury Attorneys. Locally known as the Thumbs Up Guys, our legal team would like to offer you a free consultation to discuss the details of your case. Let us help you start your claim so you can start your medical and financial recovery.
Getting Help Is Simple
You don’t even have to leave your home! Our experienced bicycle wreck lawyers are just a fast and simple phone call away.
You Deserve Compensation
You have rights, and you deserve to be compensated for your medical bills, lost wages, pain and suffering, and other damages.
No Hidden Fees
Not only is there no fee for your case review, but you won’t owe us a single penny unless we successfully win compensation for you.
Has This Happened to You?
A wide range of injuries can result from a bicycle accident. If you’ve suffered one of these catastrophic injuries due to no fault of your own, we’re here to help.
Paralysis and Loss of Function
It’s not uncommon for those who suffer a bicycle accident injury to lose function in one or more limbs. In the worst cases, you may be completely paralyzed.
Among the most serious injuries from these accidents is the complete loss of one or more limbs. This is a lifelong injury that can take years to adjust to and cost hundreds of thousands in medical bills.
Back and Neck Injuries
Injuries to your spine can translate to many other types of harm, from chronic pain to loss of limb function, and can even result in damage to your heart, lungs, and basic body function when your brain can’t communicate with your body.
Soft Tissue Injuries
From whiplash to internal injuries and torn muscles and ligaments, soft tissue injuries can range from bruises to life-altering conditions. These types of injuries cover anything that isn’t bone.
Traumatic Brain Injury
Traumatic brain injury is in the news often, mostly related to sports and athletes, but a bicycle accident can also result in life-altering brain damage. Your head doesn’t even need to strike a surface; simply whipping forward and stopping suddenly can cause significant damage.
Bicycle Accident FAQs
Do I Need an Attorney?
While you can legally represent yourself, it’s not a good idea. The defendant and insurance company will have powerful attorneys on their side, and you need someone in your corner who knows how to stand up to them. We can fight for your rights and give you the best chance at significant compensation.
Do I Have to Go to Court?
While nothing is certain, most cases settle out of court. That’s because going to court is time-consuming, expensive, and often an all-or-nothing affair. It’s usually better to settle things through negotiation. Still, sometimes negotiations fail and we do need to go to court. If so, contact the Thumbs Up Guys, we will fight every step of the way to get you the compensation you deserve.
What Is the Statute of Limitations?
The statute of limitations is a time frame during which you have to file a lawsuit against the other party involved in your accident. In South Carolina, that time frame is two to three years from the date of the accident, or in the case of wrongful death, two to three years from the death. We always advise our clients not to wait to file their claims, as crucial evidence and statements can lose their validity over time.
Should I Sign the Insurance Adjuster's Paperwork?
Never sign anything without first talking to your lawyer. No matter how much the insurance adjuster tries to bully you or strong-arm you, don’t agree to their demands. You can always refer them to your Charleston, SC, motorcycle accident lawyers.
What Is Negligence?
Negligence is a legal term that’s at the heart of all injury cases. It means that you need to prove that the other driver acted in a truly reckless manner, that their reckless acts caused the accident, and that you got hurt as a direct result of that accident. We can help you prove that.
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