Cycling is becoming increasingly popular as both a recreational activity and a mode of transportation in Lancaster and the Catawba region of South Carolina. However, many drivers remain unfamiliar with the need to look out for cyclists on the roadways. Unfortunately, bicyclists are at a high risk of suffering severe or even fatal injuries when involved in accidents with motor vehicles. With little protection in a collision, cyclists can sustain serious head trauma, spinal injuries, and other life-altering harm.
What Compensation Is Available in a Lancaster Bicycle Accident Lawsuit?
Cyclists who have been injured in collisions caused by cars or trucks often want to know: How much is my bicycle accident claim worth? The accurate reply is that the value of a bicycle injury claim depends on multiple factors including:
- The severity of your injuries
- The contributing factors to the bicycle accident, and whether the rider contributed to the accident
- The insurance policies are available to pay a claim.
Bicycle attorney David Blackwell will carefully evaluate the injuries you have suffered from the bicycle accident and how your injuries will affect your quality of life and your ability to return to work and earn income.
Depending on the severity of your injuries, you may have a right to demand compensation for:
- Medical expenses, including emergency room care, hospitalization, rehabilitation, follow-up doctor appointments, medication, wheelchairs, walkers, and other medical devices.
- Lost wages for the time you were out of work because of the injuries in the bicycle accident.
- Reduced earnings capacity if the accident will leave you partly disabled and limit the type of work you can perform in the future.
- Pain and suffering.
It may be difficult to determine immediately after a serious bicycle accident what your future medical needs will be. That makes it extremely important not to accept a quick settlement offer from an insurance company before the course of your future medical treatment is understood. If you agree to a settlement too early in the recovery process, you may be stuck with paying your future medical bills. It is important to focus on receiving all the medical care that you need, going through rehabilitation if needed, and following your doctor’s instructions.
Our experienced legal team will calculate the value of your bicycle injury claim based on your expected medical treatment, missed work, and other losses. We will submit a demand letter to the appropriate insurance company and attempt to negotiate a just settlement. Whether you should sue will depend on whether the insurance company will agree to a fair settlement based on the nature of your specific injuries and losses. We will keep you informed of the progress of the negotiations on your behalf. We will be prepared to go to court if necessary. Having an experienced bicycle injury lawyer represent you in dealing with the insurer gives you a better chance of receiving full compensation for your injuries.
I Got Hit by a Car on My Bicycle, Can I Sue?
Yes, it may be possible to file a lawsuit and seek compensation from a motorist who caused your bicycle accident injury. But it may not be necessary in all cases. You may be able to collect compensation by filing a claim against the driver’s auto insurance—without having to go to court.
After being hit by a car, it is important to see a doctor as soon as possible and receive treatment for your injuries. You should have a medical evaluation even if you believe your injuries were just minor cuts and scrapes. The doctor’s evaluation will document your injuries and be helpful evidence if you submit a claim to an insurer.
Each bicycle accident has a specific set of facts. It is important to have a personal injury lawyer evaluate how your bicycle accident occurred, review the extent of your injuries, and determine who is at fault.
For example, if you were riding a bicycle in a lawful manner and a motorist who was distracted by a cell phone hit you from behind and injured you, you may have a valid claim against the distracted motorist and his or her insurance. That motorist acted negligently by failing to use adequate care while driving.
South Carolina Bicycle Laws
South Carolina law gives bicyclists in the Palmetto State certain legal rights and responsibilities when riding on the roads. Cars and trucks are required to share the road with bicycles and motorized bicycles. Bicyclists have a right to use the roads except where specifically prohibited, such as interstate highways.
- Cyclists are required to ride with the flow of traffic near the right side of the road as safely as possible. Bicyclists riding against the flow of traffic are violating the law and are at greater risk of an accident.
- Cyclists should obey stop signs and traffic signals and stop at intersections.
- Bicyclists on South Carolina roads should ride no more than two abreast and stay to the right.
- Cyclists are required to ride in designated bike lanes when they are available.
- Bicyclists are required to keep at least one hand on their handlebars at all times.
- Bicyclists riding at night must equip their bicycles with a bright white light in the front and a red light or reflector on the rear.
- Motorists are legally required to leave a safe distance between their vehicle and the bicyclist when passing.
- It is against the law in South Carolina for a motorist to taunt, harass, or throw objects at a cyclist. That can cause a bicyclist to have a serious accident.
- Bicyclists must yield to pedestrians in crosswalks.
Many bicycle accidents occur because drivers are not expecting to see cyclists and overlook the bicycle. Bicycles have a narrow profile and can be difficult to see in traffic when surrounded by larger vehicles. An inattentive motorist may hit a bicyclist from behind or make a turn in front of an oncoming cyclist and cause a collision.
After a bicycle accident, it is common for a motorist or their insurance company to disregard the bicyclist’s rights to use the road and to try to blame the bicyclist —even when the cyclist was following S.C. traffic laws and the motorist was clearly at fault. The insurer may try to deny an injured bicyclist’s claim or minimize the injuries to reduce the payout. If you have serious injuries, you will need to have a determined bicycle accident lawyer fighting for your rights to full compensation for your injuries. At David Blackwell Law, we understand your rights as a bicyclist and will be fighting for you.
Contact Our Experienced Lancaster Bicycle Accident Lawyers
After a bicycle crash caused by a car or truck, you should focus on recovering from your injuries. You should not have to deal with the financial stress of paying medical bills for the treatment of injuries caused by an automobile driver. At David Blackwell Law, we want to ease your burden if you have had a serious injury. Let our Lancaster personal injury lawyers review the accident details and help you seek full compensation for your injuries.
At David Blackwell Law, we assist cyclists injured in accidents on a contingency fee basis. If you are unable to work, we recognize you are dealing with financial stress and do not need more out-of-pocket expenses. We do not get paid a legal fee unless we obtain compensation for you through a negotiated settlement or court award. If we are successful, then we take a portion of the amount recovered as payment of our legal fee and case expenses. We are selective about the cases we accept so we can devote full attention to each client we represent.
David Blackwell Law has a reputation among insurers for only handling injury cases that are worth the fight. Our law firm represents good people in Lancaster, SC who are struggling through difficult circumstances that someone else caused. Call to discuss how we can help you. We are committed to client service and are available to answer your questions.