Understanding Bicycle Accidents
As bicycles become an increasingly popular mode of transportation, bicycle accidents are also on the rise. Navigating the aftermath of a cycling collision can be challenging, especially when determining fault and filing bicycle accident claims.
This blog explores common causes of bicycle accidents, legal considerations for determining liability, and steps to protect your rights as a cyclist.
Bicycle accidents often result in serious injuries due to the lack of protection cyclists have compared to drivers. Common causes include:
- Driver Negligence: Speeding, distracted driving, or failing to yield to cyclists frequently lead to accidents.
- Cyclist Behavior: Cyclists who disobey traffic laws, fail to use signals, or ride unpredictably can contribute to collisions.
- Road Hazards: Potholes, debris, and poorly designed bike lanes also contribute to many bicycle accidents.
Accidents involving larger vehicles, such as trucks or buses, often have catastrophic consequences. In such cases, working with a truck accident attorney in Charleston, SC, is crucial to ensuring accountability and adequate compensation.
Who’s at Fault?
Determining fault in a bicycle accident depends on various factors, including the circumstances leading to the collision and the actions of both parties.
1. Driver Fault
Drivers are often at fault for bicycle accidents when they fail to share the road responsibly. Examples include:
- Ignoring bike lanes.
- Failing to check blind spots.
- Opening car doors into the path of an oncoming cyclist (known as “dooring”).
2. Cyclist Fault
Cyclists can also be held liable if they:
- Ride against traffic.
- Fail to obey stop signs or traffic signals.
- Don’t use appropriate lighting or reflective gear at night.
3. Shared Fault
In some cases, both the driver and cyclist share responsibility. South Carolina follows a modified comparative negligence rule, meaning compensation may be reduced based on the percentage of fault assigned to each party.
Legal Rights of Injured Cyclists
Cyclists injured due to another’s negligence have the right to pursue compensation for:
- Medical Expenses: Covering treatment for injuries sustained in the accident.
- Lost Wages: Reimbursement for time missed at work due to recovery.
- Pain and Suffering: Compensation for physical and emotional distress.
Consulting a personal injury lawyer in Charleston, SC, is essential to navigating these claims and ensuring fair treatment.
Steps to Take After a Bicycle Accident
If you’re involved in a bicycle accident, follow these steps to protect your rights:
- Seek Medical Attention
Even if injuries seem minor, seek immediate medical care. Some injuries, like brain trauma, may not manifest symptoms right away. - Call the Police
File a police report, as it provides an official record of the accident. - Gather Evidence
Take photos of the accident scene, your injuries, and any property damage. Collect witness contact information, if possible. - Consult a Lawyer
Engage a personal injury lawyer experienced in bicycle accident claims to assess your case, negotiate with insurers, or file a lawsuit if necessary.
Common Injuries in Bicycle Accidents
Cyclists often sustain severe injuries in collisions, including:
- Head Injuries: Traumatic brain injuries are common and can have lifelong consequences.
- Spinal Cord Injuries: These can result in partial or total paralysis.
- Fractures: Broken bones, particularly in the arms, legs, and collarbone, occur frequently.
- Internal Injuries: Collisions can cause damage to internal organs, leading to life-threatening complications.
The Role of Insurance in Bicycle Accident Claims
Filing a claim with the at-fault party’s insurance is standard in most bicycle accident cases. However, insurers may attempt to minimize payouts by disputing liability or undervaluing damages. This is where a skilled attorney becomes invaluable.
At Bringardner Injury Law Firm, we know how overwhelming a bicycle accident can be. Our Charleston, South Carolina team handles bicycle accident claims, ensuring you receive fair compensation for your injuries and losses.
We’re here to support you whether you need a bicycle accident attorney in Charleston, SC, or a personal injury lawyer for complex cases like hit-and-run or wrongful death.
We’re ready to fight for your rights and hold negligent parties accountable. If you’ve been injured in a cycling accident, contact us today for a consultation.