What to Do After a Bike Crash in Greenville
Get to the hospital first. If you are admitted, a family member or a riding partner can take care of most of this list.
- Call 911. Let EMS take you to the ER, then keep every surgery, follow-up and therapy visit your doctors schedule.
- Find out who responded. It may have been the Greenville Police Department, the Greenville County Sheriff's Office, a town department such as Travelers Rest or Mauldin, or the Highway Patrol. Ask that agency how to get the report.
- Get the driver's details. Name, plate, insurance company and policy number, plus the names and numbers of anyone who stopped.
- Export the ride. If you rode with a GPS watch, bike computer or app, save the file before it syncs over.
- Keep the bike as it ended up. Store it unrepaired, with the cracked helmet beside it. Someone can take pictures of the bent rim, the frame, the lights and any scuffs of car paint.
- Look for video. Save your own camera footage. Shops and homes near the crash may have cameras too, and that footage can be recorded over quickly.
Where Riders Get Hurt Around Greenville
Cyclists here ride downtown, on the roads around Furman and Travelers Rest, and out toward the mountains. Crossings where the Swamp Rabbit Trail meets traffic can be tight. Busy roads like Wade Hampton Boulevard and Woodruff Road have lots of turning cars and driveways. Many riders also take on the long climb toward Caesars Head, where curves and weather can catch a driver off guard.
Time to File
Most South Carolina injury lawsuits must be filed within three years.1 That limit is about filing in court, so trading calls with an adjuster does not stop it.2
If a government vehicle or a government-run road or trail is involved, a Tort Claims Act lawsuit generally must be filed within two years, though a qualifying verified claim may stretch that to three years.4 Other rules can also change the timing, depending on who was involved.3
Our statewide bicycle accident page has more. If you were on foot rather than on a bike, see pedestrian crashes in Greenville.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
Our office is on King Street in downtown Charleston. The first conversation can happen by phone. Tell us where you were riding, what the driver did and how you are doing now. We take what you say seriously.
We take cases across South Carolina, including Greenville and the rest of the Upstate. If you hire us, the insurers can usually deal with us.
Walk us through the ride and the crash.
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
- South Carolina drivers must keep a safe operating distance between their vehicle and a bicycle at all times.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
- 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.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
- South Carolina does not generally require bicyclists to wear helmets.9
- 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.10
- A potential injury claim generally depends on whether another party was negligent, whether that negligence caused the injuries, and what losses resulted.11
Frequently Asked Questions
Do drivers have to give cyclists room on Greenville roads?
Does a cyclist have the same rights on the road as a car?
Largely, yes. Someone riding a bicycle on a South Carolina road has the rights of a driver and generally the same duties, with some exceptions.7
What if the driver says I was partly to blame?
Blame can be split. Under South Carolina's modified comparative negligence rule, your recovery is generally cut by your share of fault, and with one defendant you generally can't recover if you were more than 50% at fault.8 Sorting that out starts with the evidence from the scene.
I wasn't wearing a helmet. Can I still bring a claim?
How do I know if I have a case?
It generally comes down to whether someone else was careless, whether that carelessness caused your injuries, and what losses followed.11 Talking through the facts with a lawyer is the way to find out.
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 § 56-5-3435 (added 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 § 56-5-3420 (as amended 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
- Sean Hall's Nov 5 review notes (no general South Carolina statute requires bicycle helmets)
- Sean Hall's Nov 5 review notes
- Elements of negligence under South Carolina law, as stated in 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.
