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If a driver struck you while you were cycling, our Campobello bicycle accident lawyers at Farmer & Morris Law, PLLC can negotiate with the insurance company and pursue compensation for the harm you suffered.
Our six-attorney firm has served more than 10,000 clients and recovered over $100 million. We apply that experience to bicycle accident claims involving serious injuries, disputed fault, hit-and-run drivers, and unsafe road conditions.
Speak with a Campobello personal injury lawyer from our firm to discuss the collision during a free consultation.
Driver Errors That Commonly Injure Cyclists
Many bicycle collisions occur because a motorist fails to see a rider who is clearly present on the road. Others happen because the driver sees the cyclist but misjudges the rider’s speed or passes without allowing enough room.
A driver may cause a crash by:
- Turning left across an approaching cyclist’s path.
- Turning right in front of a rider traveling in the same direction.
- Passing too closely on a narrow road.
- Entering or blocking a bicycle lane.
- Opening a vehicle door into a rider’s path.
- Failing to yield at an intersection.
- Looking at a phone instead of watching the road.
- Speeding or driving too fast for visibility conditions.
- Backing out of a driveway or parking space without looking.
- Driving under the influence of alcohol or drugs.
A cyclist does not need to be struck directly to have a claim. If a driver forces you off the road or causes you to fall while avoiding a collision, the driver may still be responsible.
Road Hazards Can Also Cause Bicycle Crashes
Loose gravel, broken pavement, standing water, construction debris, and poorly maintained shoulders can be especially dangerous for bicycles. A condition that causes little trouble for a car may cause a rider to lose control.
Responsibility for a road hazard depends on who controlled the property, who created the condition, and whether the responsible party had notice and a reasonable opportunity to correct it. Claims involving a state or local government follow different rules from claims against private parties.
We examine maintenance records, prior complaints, construction activity, photographs, and the road’s condition. Our Campobello bike accident attorneys can determine whether the evidence supports a claim beyond one involving a negligent driver.
Evidence That Can Help Our Campobello Bike Crash Lawyers Prove Your Claim
The bicycle, helmet, clothing, and electronic devices used during the ride may contain useful evidence. Keep these items in their post-crash condition and avoid repairing or discarding them before they can be examined.
Other helpful evidence can include:
- Photographs of the road, shoulder, intersection, and surrounding area.
- Damage to the bicycle and the vehicle.
- Paint transfer, tire marks, and debris.
- Statements from people who saw the collision.
- Video from nearby homes, businesses, vehicles, or traffic cameras.
- Data from a bicycle computer, fitness tracker, or mobile app.
- The driver’s phone records, when legally obtainable.
- Police reports and emergency response records.
- Medical records describing the injuries.
- Previous reports concerning a hazardous road condition.
Video and physical evidence can disappear quickly. We identify what may be available and send appropriate preservation requests when another person, business, or agency controls it.
South Carolina’s Comparative Negligence Rule
An insurance company may argue that you contributed to the collision by failing to yield, riding against traffic, entering the roadway unexpectedly, or violating another traffic rule. That allegation does not settle the issue.
South Carolina follows a modified comparative-negligence system. You may recover damages when your share of fault is not greater than the defendant’s, but your recovery is reduced by your percentage of fault. If your fault exceeds 50%, you cannot recover under this rule.
We compare the insurer’s allegations with the roadway evidence and South Carolina bicycle laws. Our bicycle accident lawyers in Campobello also look for statements or assumptions in the police report that are not supported by physical evidence.
Recoverable Losses in a Bicycle Injury Case
The cost of replacing a bicycle is often small compared with the physical and financial consequences of the collision. A serious injury can affect your ability to work, care for your family, drive, exercise, and live independently.
A claim may include:
- Ambulance transportation and emergency treatment.
- Hospital care, surgery, and follow-up appointments.
- Medication, rehabilitation, and medical equipment.
- Future care supported by medical evidence.
- Lost wages and employment benefits.
- Reduced earning capacity.
- Physical pain and emotional distress.
- Scarring or permanent impairment.
- Loss of enjoyment of ordinary activities.
- Repair or replacement of the bicycle and damaged equipment.
- Other reasonable expenses caused by the accident.
Our legal team uses bills, employment records, medical findings, and information about your daily limitations to establish the losses being claimed.
Fatal Bicycle Accidents and Wrongful Death Claims
When a cyclist dies because of another person’s wrongful conduct, the estate’s executor or administrator may bring a South Carolina wrongful death action for the benefit of eligible family members.
Recoverable losses may include:
- Funeral and burial expenses.
- Medical expenses related to the fatal injuries.
- Lost financial support.
- Loss of services and protection.
- Loss of companionship.
- Mental shock and suffering experienced by eligible beneficiaries.
Our attorneys can explain who has authority to file the case, which family members may benefit, and how a related survival claim may address losses suffered before death.
How Long Do You Have to File a Bicycle Accident Lawsuit?
South Carolina generally allows three years to file a personal injury or wrongful death lawsuit. The start of the filing period and any exception depend on the facts and the type of defendant.
A claim under the South Carolina Tort Claims Act is generally subject to a two-year period. A verified claim filed through the statutory procedure may extend the period to three years.
The filing deadline is separate from an insurer’s internal claim process. Negotiations do not necessarily stop the limitations period, so you should have the deadline reviewed even if an adjuster is discussing settlement.
Discuss Your Case With Our Campobello Bicycle Accident Attorneys
If you were injured in a bicycle accident, contact Farmer & Morris Law, PLLC for a free case evaluation. Our bicycle accident attorneys in Campobello can investigate the crash and pursue compensation for your injuries and losses.
Call today to speak with our team about your legal options.
