As a driver in Charleston, we often share the roadways with motorcycles, cyclists, and electric scooters.
While our primary focus tends to be on the other Trucks, SUVs, and sedans that occupy our roads, what happens in the event of a collision with the cyclist you didn’t see?
In a bicycle-car accident, lives can be altered instantly, for every party involved. In the midst of turmoil and the unknown, legal concerns remain.
Who is liable in these accidents?
Keep reading as our qualified team of car accident lawyers helps you understand the ins and outs of liability and how to stay safe on South Carolina roads as a cyclist.
I Got Hit By a Car on My Bicycle – Am I At Fault?
In determining who’s at fault in a collision between a bicycle and a car, it’s essential to establish the responsibility, or duty of care, for each party.
Cyclist’s Duty of Care
Bicyclists have a responsibility, or duty of care, to adhere to safety standards to avoid accidents or injuries when sharing roadways with other cyclists and vehicles. On the road, cyclists must obey all traffic laws and traffic signals and be aware of their surroundings.
Driver’s Duty of Care
Drivers operate under the same legal duty of care as cyclists, in that they must adhere to safety protocols while operating their vehicles to prevent accidents and subsequent injuries.
Failing to adhere to road safety standards may include driving under the influence, distracted driving, failing to obey traffic signs and signals, or other negligent acts.
If either party displayed negligence while operating their respective vehicle, they may be held at-fault, or partially at-fault, for the accident.
What You Should Know About Bicycle-Car Accidents – And How Our Team Can Help
When it comes to a bicycle crash, there are often more questions regarding what to do next than there are answers. Here are some key pieces of information every cyclist should be aware of in the event of a bicycle crash.
Your Auto Policy May Be Able to Help
If the driver who injured you lacked sufficient coverage under their policy, or was uninsured, you may be able to seek compensation under your own auto insurance policy’s “underinsured/uninsured motorist coverage.” Talk to your insurance provider to determine coverage limits to ensure you are protected in the event of the unexpected.
The Driver’s Insurance Company May Blame You
Insurance companies may claim the injured cyclist is at fault, at least in some capacity, for the collision. Insurance from the other party may attempt to compensate as little as possible, leaving you with mounting medical bills amid an injury.
With the help of a highly skilled bicycle accident lawyer, we can negotiate on your behalf with insurance companies to ensure that you receive fair compensation.
You Can File a Legal Claim–Even if You Weren’t Wearing a Helmet
Insurance adjusters may attempt to tell you they will not pay out for your injuries because you “weren’t wearing a helmet.” Under South Carolina laws, bicyclists are not required to wear protective gear, nor does it prohibit someone from filing a claim if they were not wearing a helmet or other protective gear.
You Have the Right to Consult a Bicycle Accident Attorney Near You
Insurance companies may attempt to deny your right to compensation altogether or claim you were equally at fault for the accident under South Carolina’s comparative negligence law. Whether you were at fault, or it has been misplaced, you have the right to seek fair compensation for injuries and damages you sustained in the accident.
No matter your situation, our team can help you make sense of the situation and understand your rights in the proceedings.
Injured in a Bicycle Accident with a Driver? Contact Hoffman Law Firm Today
As one of the leading personal injury law firms near you, we aim to ensure you are safe on the road and protected in an unexpected collision.
Since 2007, our team of personal injury lawyers in Charleston, SC and Georgetown, SC have been dedicating our time and energy to helping those throughout the Lowcountry seek fair compensation for their injuries.
We have established a reputation for success, as well as great service! To meet with a member of our legal team, schedule your free consultation today.
