Bicycle Accident Attorney in Lancaster, SC
Bicycling is growing in popularity as a form of recreation and transportation in Lancaster and the Catawba region of South Carolina. But many motorists are still unaccustomed to watching out for cyclists on the roads. Bicyclists are vulnerable to serious or fatal injuries in accidents involving motorists. Cyclists have little protection when a crash occurs. A rider can sustain serious head injuries, back injuries and other devastating injuries in a collision involving a car or other motor vehicles.
If you or a loved one has been seriously injured in a bicycle accident caused by someone else in Lancaster, Indian Land, Kershaw, Buford, Van Wyck, and Fort Mill or the surrounding areas, you may be entitled to seek compensation for your medical bills and other losses from the driver who caused the crash. Bicycle attorney David Blackwell is committed to helping people who have been injured through the negligence of others. David Blackwell has decades of experience investigating traffic accidents and demanding justice for those who were injured.
After a serious bicycle crash, the quickest way to find out about your legal options is to contact an experienced bicycle accident lawyer at David Blackwell Law. We will review the details of your accident-free of charge and explain your legal options.
South Carolina Bicycle Laws
South Carolina law gives bicyclists in the Palmetto State certain legal rights and responsibilities when riding on the roads. Cars and trucks are required to share the road with bicycles and motorized bicycles. Bicyclists have a right to use the roads except where specifically prohibited, such as interstate highways.
- Cyclists are required to ride with the flow of traffic as near the right side of the road as safely possible. Bicyclists riding against the flow of traffic are violating the law and are at greater risk of an accident.
- Cyclists should obey stop signs and traffic signals and stop at intersections.
- Bicyclists on South Carolina roads should ride no more than two abreast and stay to the right.
- Cyclists are required to ride in designated bike lanes when they are available.
- Bicyclists are required to keep at least one hand on their handlebars at all times.
- Bicyclists riding at night must equip their bicycle with a bright white light in the front and a red light or reflector on the rear.
- Motorists are legally required to leave a safe distance between their vehicle and the bicyclist when passing.
- It is against the law in South Carolina for a motorist to taunt, harass or throw objects at a cyclist. That can cause a bicyclist to have a serious accident.
- Bicyclists must yield to pedestrians in crosswalks.
Many bicycle accidents occur because drivers are not expecting to see cyclists and overlook the bicycle. Bicycles have a narrow profile and can be difficult to see in traffic when surrounded by larger vehicles. An inattentive motorist may hit a bicyclist from behind or make a turn in front of an oncoming cyclist and cause a collision.
After a bicycle accident, it is common for a motorist or their insurance company to disregard the bicyclist’s rights to use the road and to try to blame the bicyclist —even when the cyclist was following S.C. traffic laws and the motorist was clearly at fault. The insurer may try to deny an injured bicyclist’s claim or minimize the injuries to reduce the payout. If you have serious injuries, you will need to have a determined bicycle accident lawyer fighting for your rights to full compensation for your injuries. At David Blackwell Law, we understand your rights as a bicyclist and will be fighting for you.
I Got Hit by a Car on My Bicycle, Can I Sue?
Yes, it may be possible to file a lawsuit and seek compensation from a motorist who caused your bicycle accident injury. But it may not be necessary in all cases. You may be able to collect compensation by filing a claim against the driver’s auto insurance—without having to go to court.
After being hit by a car, it is important to see a doctor as soon as possible and receive treatment for your injuries. You should have a medical evaluation even if you believe your injuries were just minor cuts and scrapes. The doctor’s evaluation will document your injuries and be helpful evidence if you submit a claim to an insurer.
Each bicycle accident has a specific set of facts. It is important to have a personal injury lawyer evaluate how your bicycle accident occurred, review the extent of your injuries and determine who is at fault.
For example, if you were riding a bicycle in a lawful manner and a motorist who was distracted by a cell phone hit you from behind and injured you, you may have a valid claim against the distracted motorist and his or her insurance. That motorist acted negligently by failing to use adequate care while driving.
What Compensation is Available in a Lancaster Bicycle Accident Injury Lawsuit?
Cyclists who have been injured in collisions caused by cars or trucks often want to know: How much is my bicycle accident claim worth? The accurate reply is that the value of a bicycle injury claim depends on multiple factors including:
- The severity of your injuries
- The contributing factors to the bicycle accident, and whether the rider contributed to the accident
- The insurance policies are available to pay a claim.
Bicycle attorney David Blackwell will carefully evaluate the injuries you have suffered from the bicycle accident and how your injuries will affect your quality of life and your ability to return to work and earn income.
Depending on the severity of your injuries, you may have a right to demand compensation for:
- Medical expenses, including emergency room care, hospitalization, rehabilitation, follow-up doctor appointments, medication, wheelchairs, walkers, and other medical devices.
- Lost wages for the time you were out of work because of the injuries in the bicycle accident.
- Reduced earnings capacity if the accident will leave you partly disabled and limit the type of work you can perform in the future.
- Pain and suffering.
It may be difficult to determine immediately after a serious bicycle accident what your future medical needs will be. That makes its extremely important not to accept a quick settlement offer from an insurance company before the course of your future medical treatment is understood. If you agree to a settlement too early in the recovery process, you may be stuck with paying your future medical bills. It is important to focus on receiving all the medical care that you need, going through rehabilitation if needed, and following your doctor’s instructions.
Our experienced legal team will calculate the value of your bicycle injury claim based on your expected medical treatment, missed work and other losses. We will submit a demand letter to the appropriate insurance company and attempt to negotiate a just settlement. Whether you should sue will depend on whether the insurance company will agree to a fair settlement based on the nature of your specific injuries and losses. We will keep you informed of the progress of the negotiations on your behalf. We will be prepared to go court if necessary. Having an experienced bicycle injury lawyer represent you in dealing with the insurer gives you a better chance of receiving full compensation for your injuries.
Contact a Lancaster Bicycle Accident Injury Lawyer
After a bicycle crash caused by a car or truck, you should focus on recovering from your injuries. You should not have to deal with the financial stress of paying medical bills for the treatment of injuries caused by an automobile driver. At David Blackwell Law, we want to ease your burden if you have had a serious injury. Let us review the accident details and help you seek full compensation for your injuries.
At David Blackwell Law, we assist cyclists injured in accidents on a contingency fee basis. If you are unable to work, we recognize you are dealing with financial stress and do not need more out-of-pocket expenses. We do not get paid a legal fee unless we obtain compensation for you through a negotiated settlement or court award. If we are successful, then we take a portion of the amount recovered as payment of our legal fee and case expenses. We are selective about the cases we accept so we can devote full attention to each client we represent.
David Blackwell Law has a reputation among insurers for only handling injury cases that are worth the fight. Our law firm represents good people in South Carolina who are struggling through difficult circumstances that someone else caused. Call to discuss how we can help you. We are committed to client service and are available to answer your questions.