Bicycle accidents in South Carolina are at times caused by negligent drivers that violate the law protecting the rights of bicyclists on the road. Cyclists are a vulnerable lot on the streets where inattentive and impatient drivers can endanger their lives. What chance does a bicycle rider have when bumped by a barreling truck or another vehicle?
If you have been injured because of such carelessness, or it may have led to the injury or death of a loved one, you should call a bicycle accident lawyer at Brumback & Langley. We are a law firm that will fight fervently to ensure that you get full compensation for the damages.
- 1 How much is my Greenville bicycle accident case worth?
- 2 Common Types Of Bicycle Accidents In Greenville
- 3 How is Driver Negligence In Bicycle Accidents In South Carolina Is Defined?
- 4 Can A Bicycle Manufacturer Be Named In Bicycle Accident Lawsuit?
- 5 Common Types Of Injuries Sustained In A Bicycle Accident
- 6 What Rights Do Bicyclists In Greenville, South Carolina Have?
- 8 Get A Free Consultation with the Bicycle Accident Lawyers at Brumback & Langley
How much is my Greenville bicycle accident case worth?
It will be a matter handled as a personal injury case. As such, the weightiness of the issues present will depend on several factors that will include:
The severity of your physical injuries
The medical costs incurred when seeking treatment for the injuries sustained in the accident can be calculated to determine the value of the damages you face. Also, the amount to be awarded as compensation will take into account future medical treatment expenses, including therapy, medication, and possible rehabilitation.
The impact on your emotional wellbeing
The pain and suffering attributed to the accident can be emotionally damaging. You may face mental anguish that hurts your way of life. While determining the cost of such damages may be hard, they cannot be overlooked; thus, they are considered when deciding the compensation to be awarded.
Loss of wages and the ability to work
The damages you suffer because of the bicycle accident can impact your capacity to function normally. As a result, it affects your quality of life as you cannot provide for yourself or your family. The compensation awarded will also be an amount that will address the disparities in your incomes and/or being unable to work.
Having qualified representation
For you to table a strong claim case, you need the right legal representation fighting for you to get full compensation. That is why you need to hire a lawyer who is fully equipped to serve your interests. The team of legal experts at Brumback & Langley will provide robust litigation through dedicated attention to every detail about your case, skillful investigation, and sheer tenacity to win and get the best outcome possible.
Common Types Of Bicycle Accidents In Greenville
Having to share the road with motor vehicles means that bicyclists will always face certain risks. Many of these riders are cautious because they are aware of the dangers they face. Hence, many of the bicycle accidents happen because of the driver’s recklessness. The drivers are inattentive or intentionally fail to yield the cyclist’s right of way.
The Greenville Bicycle Accident Attorneys at Brumback & Langley have seen numerous bicycle accidents over the years. And things are not likely to change as more and more people opt to cycle to work, other destinations, or for pleasure.
Several different types of bicycle accidents do occur, and they include:
- Right Cross: It is the most common and happens when a vehicle hits the bicyclist while pulling out for the right of the road, driveway, or parking lot.
- Left Cross: A car hits the rider as it comes from the opposite direction and turns left coming directly at or front of the bicyclist.
- Right Hook: It happens when a vehicle passes the rider on the left and then makes a sudden right turn directly into or when in front of the cyclist.
- Door Prize: The door of a parallel parked car opens in front of an oncoming bicycle rider, and it either hit the cyclist or forces him or her into the path of a moving vehicle.
- Rear-Ending: A rider is in the far-right side of the lane and suddenly encounters an obstacle or a parked car forcing the bicyclist to veer to the left into the path of another vehicle that hit the cyclist from behind.
- Red Light: A bicyclist comes to a stop or red light and is to the right of a waiting vehicle instead of behind it, and gets hit when the driver takes a right turn when the lights go green.
- Wrong-Way: It happens when a rider is cycling on the wrong side of the road and is hit by a car pulling out from the left because the driver cannot see the cyclist.
How is Driver Negligence In Bicycle Accidents In South Carolina Is Defined?
Being inattentive is one of the top reasons for most drivers causing road accidents. The issue can stem from distractions such as answering a phone, picking something from the dash among other things that take away their attention from the road. It only takes a second of checking the phone or any other distraction for a driver to cause an accident that changes the lives of some of those involved.
At times, the collisions can also be attributed to traffic conditions and other driver errors. Some of the reckless behaviors of drivers that lead to bicycle accidents include:
- Unnecessary speeding
- Failure to make required stops
- Driving under the influence of alcohol or drugs
- Turning or overtaking illegally
- Distracted driving
- Failure to yield the bicyclist’s right of way
If the bicycle accident was because of any of the above, then you as the injured rider have the right to seek compensation for the damages.
The court will evaluate the circumstances surrounding the bicycle accident and the injuries for the determination of whether the incident was due to the negligence of the driver. The process entails proving how the damages happened, and this requires collecting evidence via:
- Taking photos of the scene
- Reconstruction of the accident
- Compiling police reports
- Collecting witness statements
Can A Bicycle Manufacturer Be Named In Bicycle Accident Lawsuit?
In some instances, the cyclists who are unfortunate to be part of a bicycle accident might be victims of using defective equipment. In such a case, the manufacturer of the bicycle may be held accountable for the accident. Proving liability on the part of the manufacturer requires the rider to give evidence that the bike has defective parts, and that’s what caused the accident. It, however, will be a process that exempts the need to show someone acted negligently.
Common Types Of Injuries Sustained In A Bicycle Accident
A bicycle accident can be a serious situation with fatalities since the rider has limited protection when on the road compared to those in other modes of transportation. As such, the injuries that the cyclist can sustain include:
- Spine Injuries
- Ruptured Discs
- Head Trauma
- Road Rash (abrasions suffered by skidding across asphalt)
- Chipped Teeth
- Face Injuries
- Wrongful Death
Many road accidents are traumatic and can take a significant toll on the individuals involved. For the bicyclists who are unfortunate enough to be in a bicycle accident develop issues ranging from fear of riding again, stress, difficulty sleeping, post-traumatic stress disorder, mental anguish, anxiety, depression, and different forms of emotional suffering.
What Rights Do Bicyclists In Greenville, South Carolina Have?
South Carolina took a bold step forward in protecting the rights of cyclists by amending and passing the State’s bicycle safety laws in 2008.
According to Section 56-5-3430, the designated paths on the roads that bicyclists can ride on are subject to the following rules:
- Riders should always use the allocated pathway that is adjacent to the road; it is known as the “bike lane” except when trying to avoid an obstacle or pass another cyclist. Bicyclists can ride on the shoulder of the lane if there is no designated bike lane, though they can choose not to.
- If there is no allocated bicycle lane, then riders are expected to cycle on the far-right side of the road. And in case that side of the pathway is blocked, then the bicyclists can ride on the other lane.
- All bicycle riders should be careful when passing a standing car or when overtaking a vehicle that is head in the same direction as they are.
- Only two cyclists can ride alongside each other on a single lane; unless they are on a bicycle lane.
According to Section 56-5-3435, the responsibilities of the driver to the bicyclist are:
- All motor vehicle drivers should maintain a safe distance from cyclists when driving on the roads.
As per Section 56-5-3440, the passenger etiquette regarding bicycles on the roads dictates that:
- A cyclist may only ride straddling a seat fixed permanently to the bike. The riders should not carry more passengers than the bicycle is designed to carry.
Section 56-5-3445 covers the matter of penalties for harassing cyclists, which states that:
- Anyone who harasses a bicyclist by yelling, throwing items or taunting them will violate the law and might face fines of up to $250, or 30-days imprisonment, or both.
Get A Free Consultation with the Bicycle Accident Lawyers at Brumback & Langley
We at Brumback & Langley are ready to represent you in your quest for justice after a bicycle accident. The cost of treatment and even the physical, mental, and emotional stress can be a burden you need not be shouldering were it not for the accident. As such, we believe that you should be compensated for the damages.
We have a team of knowledgeable Greenville bicycle accident attorneys that will be glad to assist you in the following ways:
- Discovering the necessary evidence of liability to build your case.
- Collecting the evidence needed to put together a strong compensation case.
- Defending your claim in front of the judge or jury.
- Offering comfort through the fact that your case is in the hands of experienced professionals.
- Handling all legal aspects of the personal injury claim.
- Inform you of your rights and the laws that are relevant to your current predicament.
- Providing individualized attention to the claim case.
- Negotiating with the insurers to avoid taking the case to court and as well as to try to secure the best possible settlement amount.
Finding the driver liable for the damages means that you are eligible for compensation. However, the evidence presented should show that the driver breached the ‘duty of care’ result in the accident. Moreover, you also need to show that you were not flaunting any traffic laws.