Active travel is becoming more popular every year. More and more people are cycling around their local towns to stay active and burn some calories. With more people cycling, however, comes a greater potential for bicycle accidents to occur because of negligent drivers who ignore the rules of the road that protect cyclists.
Inattentive and impatient drivers endanger cyclists all the time. While it is unfortunate, accidents, where drivers bump into cyclists or push them off of the road, have become common. In 2019, South Carolina was ranked as the 42nd safest state for cyclists. It was the fifth-worst state for bicycle traffic accidents with 29.7 fatalities per 10,000 bike commuters.
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If you or your loved one have been injured in a cycling accident because of the negligent driving of another, contact our Greenville, South Carolina personal injury lawyers. Our lawyers will pull out all the stops to fight for your right to full compensation for any damages incurred.
How To Calculate The Value Of Bicycle Accident Lawsuit In Greenville, South Carolina
Bicycle accidents are personal injury cases. As such, the value of the compensation a claimant can receive will depend on several factors:
How severe your physical injuries are
The medical expenses resulting from the accident are one piece of the puzzle. The cost of treatment and medication and future treatment expenses, such as medication, therapy, and rehabilitation can be used in calculating the damages you’ve incurred.
Lost income and your ability to work
Injuries sustained in a bicycle accident can prevent accident victims from living a normal life. They can also affect your capacity to work. You may not be able to provide for yourself and your family. You can be compensated for your lost income and the lost ability to earn an income.
The impact of the accident on your emotional wellbeing
It is common to suffer emotionally and mentally as a result of a bicycle accident. Stress, anxiety, and mental anguish are some of the more common side effects of a bicycle accident. The impact of the accident on your mental and emotional wellbeing also contributes to the determination of the final compensation figure.
The quality and experience of your team of lawyers
Negligent drivers and their insurance companies will go above and beyond to try to reduce the amount of damages to which you are entitled at the end of the case. This amount is dependent upon your lawyers’ ability to fight for the maximum. Consequently, if you choose inexperienced lawyers, you might receive a lower compensation figure than you deserve.
Hire the bicycle injury attorneys at Upstate Personal Injury Lawyers, and work with lawyers ready, willing, and capable to fight for your maximum compensation.
The Different Types Of Bicycle Accidents In South Carolina
- Driving Under the Influence of Drugs or Alcohol
- Intersection Accidents
- Sideswipe Accidents
- Head-On Collisions
- Distracted Driving Accidents
- Left-Turn Or Right-Turn Accidents
- Rear-End Accidents
Defining Driver Negligence In Bicycle Accidents In Greenville, South Carolina
To determine negligence, the court evaluates how the accident occurred. Additionally, the court will examine how the parties involved behaved before and during the accident. This analysis requires the collection of evidence that proves the driver was negligent. Examples of evidence collected for this purpose include:
- Compiling police reports
- Accident scene reconstruction
- Taking photos
- Witness statements
Inattentiveness is the leading cause of bicycle accidents. Answering the phone, texting or searching for items around the car while driving can distract a driver, leading to an accident. In some cases, driver errors and traffic conditions are to blame for accidents. In other cases, poor driving habits and reckless behavior cause bicycle accidents. Leading causes of bicycle accidents include:
- Distracted driving
- Unnecessary speeding
- DUI
- Overtaking illegally
- Turning illegally
- Failure to yield the cyclist’s right of way
When Is A Bicycle Manufacturer Liable In A Bicycle Accident Lawsuit?
The bicycle manufacturer could be held responsible for injuries alleged in your lawsuit after an accident if they sold you defective equipment. If the bicycle defect is the cause of the accident, the manufacturer may be held liable for the accident and the resulting damages. While you have to prove the bicycle was defective, you do not have to prove negligence.
Types Of Injuries Common In Bicycle Accidents Cases
Any accident involving a cyclist and a motor vehicle can have dire consequences. A bicycle helmet and other protective gear offer limited protection and the injuries suffered by the cyclist in an accident are often severe. Some common injuries that arise from bicycle accidents include:
- Sprains
- Fractures
- Muscle strains
- Nerve damage
- Spinal cord injuries
- Traumatic brain injuries
- Paralysis
- Face and neck injuries
- Road rash/ abrasions
- Internal organ injuries
- Broken teeth
In worst-case scenarios, bicycle accidents can result in wrongful death. Present also is the mental and psychological injury that occurs when you are involved in an accident. For instance, cyclists fear riding their bikes again when they get in a bicycle accident. Additionally, they may develop stress, depression, anxiety, mental anguish, post-traumatic stress disorder, difficulty sleeping, and many other mental issues.
The Rights Of Cyclists In Greenville, South Carolina
It is important to note that some of the laws applicable to cyclists vary from municipality to municipality. Therefore, when you seek a bicycle accident lawyer in Greenville, South Carolina, you must hire lawyers with knowledge and experience.
South Carolina has enacted laws that protect cyclists. There are laws that make it illegal to taunt, harass, and/or maliciously throw objects at or in the cyclist’s direction. Under Section 56-5-3445, anyone who harasses a cyclist in the aforementioned ways faces fines of up to $250 or a jail term of 30 days, or both.
Section 56-5-3430 requires that cyclists adhere to the following rules:
- Only two cyclists can ride alongside each other while using the single lane
- Cyclists should use bike lanes unless trying to pass other cyclists or avoid obstacles.
- Cyclists can use the shoulder of a lane if there are no designated bike lanes.
- When there are no bicycle lanes, riders should cycle on the far right of the road.
- Cyclists should be careful when passing standing cars or overtaking cars
Under Section 56-5-3435 drivers are required to maintain a safe distance from cyclists when using the road.
According to Section 56-5-3440 riders should not carry more passengers than a bike is designed to carry.
Get A Free Consultation With the Attorneys At Upstate Personal Injury Lawyers
If you have been involved in an accident or a loved one or friend has been injured in a bicycle accident in Greenville, South Carolina, our experienced bicycle accident lawyers at Upstate Personal Injury Lawyers are here to help you seek and fight for your rightful compensation. We will guide you through the entire process, from collecting the necessary evidence to building your case to presenting your claim to a judge and jury should the case go to court. Our attorneys are skilled at negotiating with insurance companies to ensure you do not settle for less than you deserve.
Get Your Free Case Consultation
No upfront costs to you or your family. We recover maximum compensation for our clients.
You can rely on us to be there for you and your family throughout the process and to put you at ease. Contact Upstate Personal Injury Lawyers today.
