What to Do After a Bike Crash in Columbia
Your health comes first. If you're admitted at Prisma Health Richland, Lexington Medical Center or another hospital, a relative or friend can start on the rest.
- Call 911 and follow the care plan. Keep every surgery, therapy and follow-up visit, and hold on to the discharge papers.
- Find out who wrote the report. Columbia Police, the Richland or Lexington County Sheriff's Department, USC police or the Highway Patrol may have responded. That office can explain how to request it.
- Collect what you can about the motorist. A plate number, an insurance card photo and a phone number from each witness all help.
- Export your ride. A bike computer, GPS watch or riding app may show your speed and route.
- Leave the bike and gear alone. Someone can photograph the frame, wheels, lights and any paint transfer before anything gets fixed or tossed.
- Ask about cameras soon. Shops and homes near the crash may have footage that gets recorded over.
Riding in the Midlands
People ride around the USC campus, along Greene and Blossom Streets, through Five Points and the Vista, and on the Three Rivers Greenway. Others ride out on country roads in Lexington County or near Blythewood. Busy roads like Assembly Street and Two Notch Road put bikes and heavy traffic side by side.
Deadlines for a Bike Crash Claim
Most South Carolina personal injury lawsuits must be filed within three years.1 Calls and letters with an insurer don't pause that clock, since the deadline is about filing in court.2 If a city, county or state vehicle hit you, a claim against the agency generally has a two-year deadline, which a qualifying verified claim may stretch to three years.4 Damage caps and extra steps may also come into play with a public agency.3
Because the deadline depends on who was involved, it helps to ask a lawyer early.4 Our statewide bicycle crash page covers more.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Keep These Things
- The bike, unrepaired
- The helmet, even with only a small crack
- Your jersey or jacket, plus lights and reflectors
- Footage from a handlebar or helmet cam, and your GPS data
- Medical records and bills
Talk With Us
Our office is on King Street in Charleston. We take cases across South Carolina, including Columbia and the rest of the Midlands. The first conversation can happen by phone. Tell us where you were riding, what the driver did and how your recovery is going.
If you were on foot instead, see Columbia pedestrian accident claims. If a head injury is part of this, read about brain injury claims in Columbia.
Call and walk us through the ride.
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 at fault for hitting my bike?
Fault in a Midlands bike wreck comes down to the evidence: video, witnesses, the report and the damage. A cyclist on a South Carolina road generally has the same rights as a driver and many of the same duties.5 Motorists generally owe due care toward people on bikes and must leave a safe gap at all times.7 Whether a driver fell short depends on the facts of the crash.6
What if I share some of the blame for the crash?
You may still have a claim. Under South Carolina's modified comparative negligence rule, your recovery can shrink by your share of fault, and in a case with one defendant you generally can't recover if you were more than 50% at fault.8 A lawyer can look at the facts and tell you how that may play out.
Do I even have a case?
A bike crash claim generally depends on whether someone else was negligent, whether that caused your injuries, and what losses followed.9 Talking it through with a lawyer is the quickest way to find out if a claim makes sense.
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.
