Bicycle Accident Lawyer South Carolina
Understanding South Carolina’s bicycle laws is crucial for both preventing accidents and protecting your rights if you are involved in one. These laws dictate how cyclists should behave on the road, and they can have a significant impact on the outcome of an injury claim. At Mann, Blake & Jackson, our experienced team of bicycle accidents lawyers is committed to helping victims recover compensation for their injuries, medical expenses, and lost wages. Whether you were hit by a vehicle, fell due to unsafe road conditions, or experienced another type of accident, we are here to guide you through the legal process. Call us today at 864-777-4262 for a free consultation to discuss your case and explore your potential options.
How South Carolina Bicycle Laws Impact Your Injury Claim
Bicyclists are increasingly sharing the road with vehicles in South Carolina, which has led to an increase in both the popularity of cycling and the risks associated with it. Whether you’re a cyclist commuting to work or a recreational rider, understanding South Carolina’s bicycle laws is crucial for staying safe on the road. These laws not only ensure the safety of cyclists but also play an important role in how injury claims are handled in the event of an accident.
South Carolina Bicycle Laws You Should Know
South Carolina has specific laws in place that govern how bicycles should be ridden on public roads. These laws are designed to protect both cyclists and motorists and reduce the likelihood of accidents. While it’s important to follow all of these laws for your own safety, they can also play a significant role in your ability to recover compensation if you are injured in a bicycle accidents.
Bicycles Are Considered Vehicles
In South Carolina, bicycles are considered vehicles under state law, which means they are entitled to the same rights and responsibilities as motor vehicles when riding on the road. According to South Carolina Code Section 56-5-3430, cyclists must obey the same traffic laws that apply to drivers of cars, trucks, and motorcycles. This includes stopping at stop signs, using turn signals, and yielding to pedestrians.
Additionally, cyclists are required to ride as far to the right side of the road as safely possible, except when passing another vehicle or preparing to make a left turn. Understanding and abiding by these rules can not only keep you safer but can also impact your claim if an accident occurs. If a cyclist violates a traffic law, it may affect the outcome of an injury claim, as the violation could be seen as contributing to the cause of the accident.
Helmet Laws for Minors
South Carolina law requires that all minors under the age of 16 wear a helmet while riding a bicycle. While this law does not apply to adults, wearing a helmet is highly recommended for safety reasons. A helmet can significantly reduce the risk of head injuries in the event of an accident.
From an injury claim perspective, the failure to wear a helmet as an adult may not directly affect the liability of the other party in the accident. However, if you sustain head injuries and were not wearing a helmet, the opposing party’s insurance company may argue that your injuries were exacerbated by your own negligence, potentially reducing the amount of compensation you could receive. For minors, the failure to wear a helmet could impact your claim, as it is a clear violation of state law.
Bicycle Lane and Sidewalk Use
In South Carolina, cyclists have the right to use bicycle lanes, but they are not required to. If there is no bike lane, cyclists should ride on the right side of the road, following the flow of traffic. If a cyclist chooses to ride on the sidewalk, they must yield to pedestrians, and they should not ride at speeds that could cause a hazard.
If an accident occurs in a bike lane or on the sidewalk, the laws governing where a cyclist should be riding can impact who is at fault. For instance, if a motorist collides with a cyclist who was in a designated bike lane, the motorist may be considered at fault for failing to respect the lane. On the other hand, if the cyclist was riding on the sidewalk or in a place where they are not allowed, their actions could be seen as contributing to the accident.
Riding Under the Influence
Just like drivers, cyclists in South Carolina are prohibited from riding under the influence of alcohol or drugs. Cyclists with a blood alcohol content (BAC) over 0.08% can face charges for riding under the influence.
In an injury claim, if you are found to be under the influence at the time of the accident, it could affect your ability to recover damages. A cyclist who is intoxicated may be deemed partially or fully responsible for an accident, which could reduce the compensation available to them. It’s important to ride responsibly and avoid alcohol or drugs before cycling, especially when you know you’ll be sharing the road with motor vehicles.
How These Laws Affect Your Claim
Now that we’ve covered some of the key laws governing cyclists in South Carolina, let’s look at how these laws can impact your injury claim if you’re involved in a bicycle accidents. Whether you’re pursuing a claim against a negligent driver, a government entity, or another party, understanding how the law influences the case is essential.
Contributory Negligence
South Carolina follows the doctrine of comparative negligence, which means that if you’re involved in an accident, your own actions can be considered when determining fault. If you were partially at fault for the accident, such as by riding in a place where you were not supposed to be or failing to signal your turn, the amount of compensation you can recover may be reduced.
For example, if a driver strikes a cyclist who was riding outside of a bike lane, the driver may still be held partially liable for the accident. However, if the cyclist was at fault for not following the rules, their recovery could be reduced based on the percentage of fault assigned to them.
It’s important to note that even if you were partially at fault, you can still recover damages in South Carolina. However, the amount you can recover will depend on your degree of fault.
Proving Fault in Bicycle Accidents
One of the most crucial aspects of any injury claim is proving fault. In a bicycle accidents, the laws surrounding where cyclists are allowed to ride and how they must behave on the road can play a significant role in determining fault. If you were following all applicable traffic laws and the driver was negligent, you are more likely to be successful in your claim.
Conversely, if you were riding in an unsafe manner or violating any of the traffic laws, your claim may be weaker. This is why it is crucial to always follow the rules of the road when riding a bicycle and to have a clear understanding of the applicable laws.
Importance of Evidence
When pursuing a bicycle accidents claim, gathering evidence is key to supporting your case. This includes photos of the scene, witness statements, medical records, and any relevant information about the incident. Additionally, if there were any violations of traffic laws at the time of the accident, this information can help strengthen your claim.
Cyclists should also consider wearing visible gear and using safety equipment like helmets and lights to increase their safety on the road. Not only does this protect you, but it also makes it easier to establish that you were following the law in the event of an accident.
Dedicated Bicycle Accidents Attorney Ready to Fight for You
If you’ve been injured in a bicycle accidents in South Carolina, you deserve compassionate legal representation to help you navigate the recovery process. At Mann, Blake & Jackson, our experienced bicycle accidents attorneys are committed to securing the compensation you need for medical bills, lost wages, and other damages. We understand the challenges cyclists face and are here to advocate for your rights. Call us today at 864-777-4262 for a free consultation, and let us help you take the next step toward justice and recovery.
