Key Takeaways
- Bicyclists must follow standard South Carolina traffic laws, including riding as far right as practicable and obeying all signals.
- Charleston County consistently leads the state in severe and fatal bicycle collisions.
- South Carolina’s modified comparative negligence rule allows cyclists to recover financial damages as long as they are 50% or less at fault for the crash.
- Seeking immediate medical evaluation and filing an official police report are critical steps for protecting your health and your legal rights.
Cyclists in Charleston must adhere to the same traffic laws as motor vehicles, including stopping at signals and riding in the same direction as traffic. Under South Carolina law, bicyclists have the right to share the road, but they also face significant risks from negligent drivers. If you are injured in a car accident, a bicycle accident attorney in Charleston can help you navigate local traffic laws and hold the at-fault party financially accountable.
What Are South Carolina’s Rules of the Road for Bicyclists?
Under South Carolina law, bicycles are considered vehicles, which means cyclists must obey all traffic signals and signs. Bicyclists are roadway users who must adhere to specific operational guidelines to maintain safety on public streets:
- Ride to the right: Cyclists must ride as near to the right side of the roadway as practicable.
- Lane usage: You may ride in a lane other than the right-hand lane if only one lane is available for your intended route.
- Riding abreast: Cyclists cannot ride more than two abreast on the roadway.
- Night riding: When riding in the dark, bicycles must be equipped with a front headlight and a rear red reflector.
Where Do Most Bicycle Accidents Happen in the Charleston Area?
Charleston County consistently experiences the highest number of severe cycling collisions in the state. According to the South Carolina Department of Transportation, Charleston County has more than double the number of fatal and serious injury bicycle crashes compared with the next highest county.
The Calhoun Street corridor is particularly hazardous; the City of Charleston notes that it is the highest pedestrian and bicycle crash roadway segment in the state.
What Should You Do Immediately After a Bike Crash in Charleston?
- Move to safety: Get yourself and your bicycle out of the active roadway to prevent further injury.
- Call 911: Request a police officer and emergency medical personnel. The Charleston Police Department requires an in-person report for traffic collisions to properly document the incident.
- Seek medical care: Visit an emergency room or a hospital such as MUSC Health immediately, as adrenaline can mask the symptoms of severe injuries.
- Document the scene: Take photos of your bicycle, the vehicle that struck you, skid marks, and the surrounding area.
- Get witness info: Collect names and contact details from anyone who saw the crash occur.
How Does Comparative Negligence Apply When a Cyclist Is Partly at Fault?
South Carolina follows a modified comparative negligence rule. If a cyclist is partially responsible for a crash (such as by failing to use a hand signal or improperly crossing a street), they can still recover damages, provided their fault does not exceed 50%.
Under this law, your financial compensation is reduced by your assigned percentage of fault. For example, if you are awarded $100,000 for your injuries but are found 20% at fault, you will receive $80,000. If you are deemed 51% or more at fault, you cannot recover any compensation from the other party.
When to Call a Charleston Bicycle Accident Attorney
You should contact a bicycle accident law firm in Charleston as soon as possible after a crash. Insurance companies often try to minimize payouts or unfairly shift blame onto the cyclist. Charleston bicycle accident attorneys can handle all communication with the insurers, gather critical evidence from the crash scene, and evaluate the full extent of your financial losses.
Frequently Asked Questions
Do I have to wear a helmet while riding a bicycle in South Carolina?
South Carolina does not have a statewide mandatory helmet law for adult bicyclists. However, safety experts universally recommend wearing a properly fitted helmet to prevent traumatic brain injuries in the event of a crash.
Can I ride my bicycle on the sidewalk in Charleston?
Bicyclists are generally allowed on wide, multi-purpose paths designed for both foot and bike traffic. However, riding on ordinary pedestrian sidewalks or aggressively through crosswalks is often prohibited by local ordinances.
How long do I have to file a bicycle accident claim in South Carolina?
The statute of limitations for filing a personal injury claim in South Carolina is generally three years from the date of the crash. Failing to file a lawsuit within this window can result in losing your right to seek compensation.
Charleston Bicycle Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC Will Help You Move Forward
If you have gotten into an accident with a bike and need compensation for your injuries, reach out to the Charleston bicycle accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC. Our experienced legal team will investigate your accident and help you secure justice. Call us at 843-727-6500 or complete the online form to schedule a free case evaluation. We have offices in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, and we serve clients throughout the state.