What South Carolina Cyclists Should Know After an Injury on the Road

Cycling is a common mode of transportation and recreation across South Carolina. From Charleston’s scenic paths to the rural roads in the Upstate, more people are turning to bikes for both fitness and commuting. However, with more cyclists on the road comes an increased risk of accidents. If you’ve been injured while cycling in South Carolina, it’s important to understand your legal rights and the steps to take after the incident.

How Bike Accidents Commonly Happen in South Carolina

Bicycle accidents often result from a combination of factors. Some are caused by driver negligence, such as failing to yield, not checking blind spots, or opening a car door into a cyclist’s path. Others happen due to poorly maintained roads, inadequate signage, or unsafe infrastructure.

Intersections are particularly dangerous for cyclists. Drivers may misjudge a cyclist’s speed or simply not see them at all. Distracted driving, speeding, and impaired driving also play a significant role in bicycle crashes across the state.

Immediate Actions After a Bicycle Accident

The moments after a cycling accident are critical for both your safety and any potential legal case. Always seek medical attention, even if your injuries seem minor at first. Some conditions, like concussions or internal injuries, may not be obvious right away.

If you’re physically able, gather evidence at the scene. Take photos of the accident site, your bicycle, any vehicles involved, and your injuries. Get contact information from the driver and any witnesses. Avoid admitting fault or making statements about what happened until you’ve spoken with a lawyer.

It’s also important to file a police report. In South Carolina, law enforcement must be called to the scene of an accident involving injury or property damage. This report will serve as an official record of the incident and may be used during the claims process.

South Carolina Laws That Protect Cyclists

State law treats bicycles as vehicles. This means cyclists have both the same rights and the same responsibilities as drivers. You are entitled to use public roads, and motorists must give you the same respect they would give to another vehicle.

South Carolina requires drivers to maintain a safe distance—at least three feet—when passing a cyclist. It’s also illegal for a driver to harass or taunt someone riding a bicycle. If a driver violates these laws and causes a crash, they may be held liable for your injuries and related expenses.

Cyclists are expected to obey all traffic laws, including stopping at red lights and riding with the flow of traffic. Wearing a helmet is not required by state law, but it is strongly encouraged. While not wearing a helmet won’t automatically disqualify you from seeking compensation, the defense may try to use it against you to reduce your claim.

Compensation You May Be Entitled to Receive

If you were injured due to someone else’s negligence, you may be eligible to pursue compensation through a personal injury claim. This may include:

• Medical expenses, including hospital visits, surgeries, physical therapy, and prescriptions

• Lost wages if you were unable to work due to your injuries

• Loss of earning capacity if your injuries prevent you from returning to the same job

• Pain and suffering

• Property damage, such as the cost to repair or replace your bike

In cases involving gross negligence, you might also be able to seek punitive damages. These are meant to punish the wrongdoer and deter similar behavior in the future.

How Fault Is Determined in a Cycling Accident

South Carolina follows a modified comparative negligence rule. If you are found to be less than 51% at fault for the accident, you can still recover compensation. However, your award will be reduced in proportion to your level of fault.

For example, if you were found 20% responsible for the crash because you were riding without lights at night, and the total damages were $100,000, you would still be able to recover $80,000. If you are found to be 51% or more at fault, you cannot recover anything.

Because of this rule, insurance companies often try to shift blame onto the cyclist. That’s why having strong evidence and legal representation is so important.

Time Limits for Filing a Claim

In South Carolina, you generally have three years from the date of the accident to file a personal injury lawsuit. This deadline is known as the statute of limitations. If you miss it, your case will likely be dismissed, and you will lose your right to seek compensation.

However, there are exceptions. If your accident involved a government vehicle or happened on government property, you may have to file a claim much sooner—sometimes within just a few months. Consulting with a lawyer early can help ensure you don’t miss any important deadlines.

Why Hiring a Lawyer Can Make a Difference

Dealing with insurance companies, medical bills, and legal paperwork after an accident can be overwhelming. A personal injury lawyer can handle the legal aspects of your case so you can focus on healing.

An attorney can investigate the accident, gather evidence, negotiate with insurers, and, if needed, take your case to court. They’ll also work to protect your rights and ensure you’re not pressured into accepting a lowball settlement.

Most personal injury lawyers work on a contingency fee basis. This means you don’t pay anything upfront—they only get paid if they win your case.

Safety Tips to Reduce Your Risk on the Road

While you can’t control other people’s behavior, there are steps you can take to lower your risk of a crash:

• Wear bright or reflective clothing

• Use front and rear lights, especially at night or in low-light conditions

• Obey all traffic signs and signals

• Ride in a predictable manner and avoid sudden movements

• Stay alert and avoid using headphones while riding

Even with the best precautions, accidents still happen. Knowing your rights and what to do after an injury can make all the difference in your recovery and your ability to secure fair compensation.

Conclusion

Cycling accidents can lead to serious injuries and long-term consequences. If you’ve been hurt in a bicycle crash in South Carolina, don’t navigate the legal system alone. An experienced personal injury attorney can guide you through the process, fight for your rights, and help you get the support you need.