Summerville Bicycle Accident Lawyers

People use bicycles for many reasons in South Carolina. They may rely on their bicycle for transportation or as a form of exercise. What they do not count on is being hurt by the careless actions of someone else with whom they need to share the road. If you have been injured in a bicycle accident, you may be entitled to financial compensation to pay for your damages. The prerequisite is that you go through what could be a difficult legal process before you can be paid. Never do this without the help of an experienced bicycle accident attorney. 

Bicycle Accident Statistics in South Carolina

Although South Carolina may not have as high a rate of bicycle accidents in general as exists in other states, the Palmetto State does have an extremely elevated rate of fatalities in these crashes. Further, the number of fatal bicycle accidents in the state has increased dramatically in recent years. For example, there were 23 cyclists who were killed in these crashes in 2023. The number rose sharply to 34 in 2024. Even when a bicyclist survives a crash, they are left with a serious personal injury that can change the course of their life. 

What Are Common Causes of Bicycle Accidents in Summerville?

Usually, it is drivers who make mistakes that result in serious bicycle accidents. In some cases, it may be a governmental authority that is responsible for what happened because they failed to take proactive safety measures in the first place that could have protected you. Common causes of bicycle accident injuries include:

• Drivers failing to yield the right of way to a bicyclist when required by law.
• Distracted motorists who are doing something else behind the wheel and do not see a bicyclist in time to avoid an accident.
• Drivers or their passengers who open a car door into the path of an oncoming bicyclist.
• Motorists who otherwise do not follow traffic safety laws by doing things such as speeding or making illegal turns.
• Roads and intersections that are not properly designed to prevent bicycle accidents and keep cyclists safe.

Why Do Bicycle Accidents Cause More Serious Injuries?

As a bicyclist, there is nothing that you can do to provide physical protection for yourself from any type of crash. The only thing that you can do to stay safe is ensure that you follow traffic laws yourself, but you cannot give yourself any form of physical protection other than wearing a helmet. You may be struck directly by a car, or you may have been thrown from your bike to the pavement.

As such, bicyclists may suffer the following serious injuries in an accident:

• Broken bones and fractures
• Traumatic brain injuries
• Spinal cord injuries
• Internal injuries
• Serious back and neck injuries
• Deep lacerations and contusions 

How Can I Receive Compensation for My Bicycle Accident Injuries?

The requirement for being eligible for bicycle accident compensation is that you are able to show that someone else’s carelessness was the cause of your injuries. Legally, you must prove that there was someone else who was negligent in the circumstances surrounding your injury. Negligence means that someone, usually a driver, did something that would be considered unreasonable under the circumstances.

The driver’s insurance company is always involved in your bicycle accident case. In some cases, you may approach them directly in the compensation process by filing a claim. The insurance company would review the evidence that you have presented before deciding whether to accept liability. If they do, they would make you a settlement offer, which is only the beginning of negotiations to resolve your case. If the insurance company denies liability, and you still believe that you should receive compensation, you would then take your case to court in a lawsuit against the responsible driver. 

How Do I Prove Negligence in a Bicycle Accident Case in Summerville?

The operative word in this question is that you must prove negligence to win your case. You must meet the standard of proof of showing that someone else was negligent by a preponderance of the evidence. You do not have to prove their responsibility beyond a reasonable doubt.

Your bicycle accident attorney can conduct an investigation of the incident to compile the proof that you need to win. Most often, they may use eyewitness testimony from people who saw the crash. This evidence can be supplemented with things such as pictures of the scene of the accident and a report written by the investigating police officer. 

Can the Insurance Company Blame Me for the Accident?

There is always a possibility that the bicyclist may have been completely or partially to blame for the accident. The insurance company knows this fully well, and they try to take advantage of this fact to the fullest extent possible in some claims. A common tactic is to try to blame the bicyclist for what happened.

If the insurance company is wrongfully trying to blame you in any way, it is imperative that you fight back. The same evidence that you use to prove negligence can also be relied upon to exonerate you from any allegations. A bicycle accident lawyer may collect additional proof that can clear your name when you are being wrongfully scapegoated. 

How Much Is My Bicycle Accident Case Worth?

The value of your bicycle accident case is dependent on both the severity of your injuries and the amount of insurance coverage available to pay for your damages. Your bicycle accident attorney reviews your case to help determine how much you should seek when you file a claim or lawsuit.

Your bicycle accident compensation can include the following:

• Medical expenses
• Lost wages
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

If your family lost a loved one in a bicycle accident, you may be entitled to wrongful death damages that compensate you for your specific loss. These damages are measured in terms of the deceased person’s value to the family unit. 

Why Do I Need a Bicycle Accident Lawyer?

There is little that you can do on your own when you are seeking compensation for your bicycle accident injuries. You are simply in over your head when you are trying to deal directly with an insurance company. If you try to approach them on your own, they will get the better of you every single time. Not only does a bicycle accident attorney investigate what happened and estimate your damages, but they also fight on your behalf when you must go through the insurance company. They can help you obtain a result that you may not be able to achieve if you did not have legal help.

Summerville Bicycle Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC Help Clients Recover From Their Accident

If you have been injured in a serious accident involving a bicycle, speak to the Summerville bicycle accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC. We can conduct an immediate investigation of the accident and work to put you in a position where you may be compensated for your injuries.  Call us at 843-727-6500 or fill out our online form for a free consultation to discuss what happened and how the firm can help you move forward. We have offices in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, and we serve clients throughout the state.