What to Do After a Bike Crash in Charleston
If a car hit you on the Ravenel Bridge path approach, on Folly Road or on the way to the beach on Johns Island, you may have left in an ambulance. Your health comes first. Someone close to you can take care of the list below.
- Get to the ER and stay with your care. Call 911. Keep every surgery, follow-up and therapy visit, and save the paperwork.
- Ask how to get the report. Find out whether city police, the sheriff's office or the Highway Patrol came, and ask that agency for a copy.
- Write down the driver's details. Get the name, plate, insurer and policy number, and phone numbers for anyone who saw it.
- Export your ride. Download the file from your bike computer, watch or ride app before it syncs away.
- Don't repair anything. Park the bike and helmet in a closet or garage just as the crash left them. Photograph the frame, wheels, lights and any paint transfer.
- Look for cameras. Save your own footage. Ask shops and homes along the route about theirs soon, before it records over.
The Time to File
Most South Carolina injury lawsuits must be filed within three years.1 The deadline is for a filing in court, so talking with an adjuster does not stop it.2
Claims against a state or local government body generally must be filed within two years, and a qualifying verified claim may stretch that to three years. Who was involved can change which rules apply.3 Talk with a lawyer soon to sort out which deadline fits your crash.4
Our page on bike crash claims statewide goes into the rest.
What to Keep
- The bike itself, still bent the way the crash left it
- The helmet, even if it looks fine
- Lights, reflectors and the clothes you wore
- Ride data and camera footage
- Bills and records from each ER visit, doctor and therapist
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us About Your Crash
We want to hear how the ride went, where you were headed and what happened. We'll be honest with you about what we see.
If you hire us, the insurers can usually deal with us. Our office is on King Street in downtown Charleston, and the first conversation can happen by phone or in person.
If a head injury came with the crash, read about brain injury claims in Charleston. If you were on foot, see pedestrian crashes in Charleston.
Tell us about the ride and the crash, and we'll 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
How do I know if the driver was to blame?
It comes down to the facts of the crash and the proof behind them. A cyclist on a South Carolina road has the rights of a driver and generally the same duties, with some exceptions.5 Drivers have to use due care to avoid hitting a cyclist and must keep a safe distance from a bike.7 Whether a driver fell short depends on the facts of the crash.6
What if I share some of the blame?
Partial blame doesn't automatically end things. Under South Carolina's modified comparative negligence rule, your recovery is generally reduced by your share of fault. With one defendant, you generally can't recover if your fault is more than 50%.8 A lawyer can look at how that fits your crash.
What makes something a bike accident case?
In general, a claim depends on whether someone else was negligent, whether that caused your injuries, and what losses followed.9 A lawyer can go over what you have and talk with you about whether a claim makes sense.
I wasn't wearing a helmet. Does that end my claim?
Do I have to come to the King Street office?
No. You can start with a phone call, or a family member can call for you. If you'd like to meet in person, our office is on King Street downtown. If getting downtown is hard, we can come to you, at the hospital, at your home or wherever works best.
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.
