After a Bike Crash on Johns Island
Treatment is the priority. A relative or friend can handle most of the follow-up while you are in the hospital.
- Call 911. Then keep every surgery, follow-up and physical therapy appointment, and save the paperwork from each.
- Ask for the report. Find out which agency responded and how to get a copy.
- Get the driver's details. Name, tag number, insurance company and policy number, plus phone numbers for anyone who saw it.
- Export the ride file. Your watch, bike computer or phone app may have the route, speed and time of the crash on Bohicket or River Road, so download it.
- Leave the bike alone. Store it unrepaired. Have someone photograph the frame, the wheels, the lights and any paint transfer from the car.
- Look for video. Save bike camera footage in two places. Someone can ask homes and gates along the road about their cameras soon, since many record over within days.
If the driver kept going, give the officer anything you noticed: color, type of vehicle, a company name, part of the tag and the direction it went.
Riding on Island Roads
Many island roads have no sidewalk or paved shoulder. River Road, Bohicket Road and the back roads off Maybank Highway are mostly two lanes, with ditches and trees close to the pavement. Cyclists share them with commuters, delivery vans, farm equipment and visitors headed toward Kiawah and Seabrook.
Write down the road, the nearest crossroad or neighborhood entrance, and which way you were riding. Those details help anyone looking into the crash later.
How Long You Have
Most South Carolina injury lawsuits have to be filed within three years.1 That limit is about filing in court, so opening a claim with an insurer does not pause it.2 Claims against a state or local government body usually carry a two-year limit, which a properly filed verified claim may extend to three years.4 When a public agency's driver or road crew is part of the crash, separate government rules can come into play.3
Talk with a lawyer soon so you know which deadline fits your situation.4 The statewide page explains more about bicycle accident claims in South Carolina.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Things Worth Keeping
- The bike, unrepaired and stored safely
- Your helmet, even if it looks fine
- Your lights, reflectors, jersey and shoes
- Ride data from your watch, computer or phone
- Front or rear camera video
- Every medical record and bill
Talk With Us About Your Crash
Tell us about the ride and the moment it went wrong. We listen closely and give you a straight read on what we see. If you hire us, the insurers can usually deal with us while you focus on healing.
We take cases across South Carolina, including Johns Island. Our office is on King Street in downtown Charleston, and the first conversation can happen by phone. If you hit your head, see brain injury claims. If you were walking, see Johns Island pedestrian crashes.
Walk us through what happened and we can look at the facts together.
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
A car passed me too close on a road with no shoulder. Was the driver at fault?
Fault turns on the details of the pass and what proof exists. In South Carolina, a person on a bicycle has many of the same rights and duties on the road as a driver.5 Drivers have to use due care to avoid hitting cyclists and leave a safe distance when passing.7 Whether this driver fell short of those duties turns on the details.6
What if I share some of the blame for the crash?
You may still recover. South Carolina applies modified comparative negligence, so your share of fault can reduce your award. With one defendant, being more than 50% responsible generally bars recovery.8 A lawyer can sort through what happened on that stretch of road with you.
How do I know if I have a case?
A bike crash claim usually depends on whether someone acted negligently, whether that caused your injuries, and what losses resulted.9 Talking it over with a lawyer can show whether digging further is worth it.
I wasn't wearing a helmet. Does that end my claim?
Generally, South Carolina does not require cyclists to wear helmets.10 Riding without one does not automatically keep you from bringing a claim, though the facts of the crash and the injuries can affect how fault and damages are weighed.11 Keep any gear you had on and tell your lawyer what you were wearing.
I was riding a rental bike from a vacation house. What should I keep?
Keep the rental agreement, the receipt and any messages with the rental business or the host. Have someone photograph the bike, its lights and the damage before it is returned.
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.
