What to Do After a Bicycle Accident in South Carolina
Medical care comes first. A family member or friend can handle most of the rest while you're in the hospital.
- Get emergency care. Call 911. Go to every follow-up, surgery and therapy appointment your doctors order, and keep the paperwork.
- Get the police report. Find out which agency responded and how to get a copy.
- Get the driver's information. That means the name, plate number, insurer and policy number, plus names and numbers of any witnesses.
- Save your ride data. If you use a GPS watch, bike computer or ride-tracking app, export the ride.
- Keep the bike and gear as they are. Don't repair the bike or throw away the helmet. Photograph the frame, wheels, lights and any paint from the car.
- Save video. Keep any footage from a bike camera. Ask nearby shops and homes about their cameras soon, before it's recorded over.
Time Limits
Most South Carolina personal injury lawsuits must be filed within three years.1 Opening an insurance claim does not stop that clock, because the deadline is for filing a lawsuit in court.2 Claims against state or local government entities generally have a two-year deadline, although a properly filed verified claim may extend that period to three years.4 Different rules can apply depending on the parties and circumstances.3
Contact a lawyer promptly to determine which deadline applies.4
What to Hold on To
- The bike, unrepaired, in a safe place
- Your helmet, even if the damage looks small
- Lights, reflectors and the clothing you wore
- Ride files from your GPS watch, bike computer or app
- Any front or rear camera footage
- Your medical records and bills
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
We start by listening to how the ride went and what happened. We take what you tell us seriously, and we're straight with you about what we see.
The firm is based in Charleston and takes bicycle accident cases across South Carolina. If you hit your head, see our page on brain injury claims. If you were walking instead of riding, our page on claims for people hit on foot covers that situation.
Walk us through the ride and the crash, and we can go over the facts with you.
South Carolina Law on This
- Most personal injury claims in South Carolina must be filed within three years.1
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.2
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.3
- Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years after the loss was or should have been discovered. A three-year deadline may apply if a qualifying verified claim was first filed under the Act.4
- A person riding a bicycle on a South Carolina roadway has the rights of a vehicle driver and generally the same duties, with some exceptions.5
- South Carolina drivers must exercise due care to avoid colliding with bicyclists. Whether a driver violated this duty depends on the circumstances of the crash.6
- South Carolina drivers must keep a safe operating distance between their vehicle and a bicycle at all times.7
- Under South Carolina's modified comparative negligence rule, you can generally recover damages if your share of fault is not greater than the fault of the defendant or defendants. In a typical two-driver accident, that means you can recover if you are 50% or less at fault, which is often described as less than 51%. Your damages are generally reduced by your percentage of fault. If your fault is greater, recovery is generally barred under this rule.8
- A potential injury claim generally depends on whether another party was negligent, whether that negligence caused the injuries, and what losses resulted.9
- South Carolina does not generally require bicyclists to wear helmets.10
- Not wearing a helmet does not automatically prevent an injured motorcyclist or bicyclist from bringing a claim in South Carolina. Whether helmet use affects a particular case depends on the circumstances, including the crash and the injuries involved.11
Frequently Asked Questions
Was the driver at fault?
It depends on what happened on the road and what the evidence shows. South Carolina law gives bicyclists many of the same roadway rights and responsibilities as motorists.5 Drivers must exercise due care to avoid collisions and maintain a safe operating distance when passing cyclists.7 Whether a driver violated these duties depends on the circumstances of the crash.6
Can I recover compensation if I was partly responsible for the bicycle accident?
Possibly. South Carolina follows a modified comparative negligence rule. If you were partly responsible for the crash, your compensation may be reduced by your percentage of fault. In a case involving one defendant, you generally cannot recover if you were more than 50% responsible.8 A lawyer can review the evidence and explain how these rules may apply.
Do I have a case?
A potential bicycle accident claim generally depends on whether another party acted negligently, whether that conduct caused your injuries, and what damages resulted.9 A lawyer can review the available evidence and help determine whether further investigation or a claim makes sense.
What if I wasn't wearing a helmet?
South Carolina does not generally require bicyclists to wear helmets.10 Not wearing one does not automatically prevent you from bringing an injury claim. However, the circumstances of the crash and the injuries involved may affect how liability and damages are evaluated.11 Tell your lawyer what you were wearing and keep any helmet or protective equipment involved in the crash.
Sources
- S.C. Code § 15-3-530
- S.C. Code §§ 15-3-20 and 15-3-530
- S.C. Code §§ 15-78-110 and 15-78-120
- S.C. Code §§ 15-78-80 and 15-78-110
- S.C. Code § 56-5-3420 (as amended by 2008 Act No. 317)
- S.C. Code §§ 56-5-3230 (due care toward pedestrians and bicyclists), 56-5-3435 (safe operating distance), 56-5-3425 (bicycle lanes)
- S.C. Code § 56-5-3435 (added by 2008 Act No. 317)
- Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991); S.C. Code § 15-38-15
- Elements of negligence under South Carolina law, as stated in Sean Hall's Nov 5 review notes
- Sean Hall's Nov 5 review notes (no general South Carolina statute requires bicycle helmets)
- Sean Hall's Nov 5 review notes
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
