What to Do After a Bike Crash in Mount Pleasant
Your treatment comes before everything else. While you're in the hospital, a family member or friend can take on most of this list.
- Get emergency care. Dial 911. After the ER, keep every surgery, follow-up and therapy visit, and hold on to the paperwork.
- Get the report. Find out which agency came to the scene and ask how to get a copy.
- Get the driver's details. Someone should collect the driver's name, plate, insurer and policy number, plus names and numbers for anyone who stopped.
- Export your ride. If a watch, bike computer or app was recording, save the file before it syncs over.
- Leave the bike alone. Don't repair it, and don't toss the helmet. Photograph the frame, wheels, lights and any paint the car left.
- Ask about cameras fast. Businesses along US-17 and homes near the crash may have video that gets recorded over. Copy your own bike camera footage somewhere safe.
Where Riders Get Hurt Around Mount Pleasant
Cyclists ride the Ravenel Bridge path down to Coleman Boulevard, the bike lanes on the Johnnie Dodds frontage roads, and the Ben Sawyer Boulevard sidepath out toward Sullivan's Island. Others ride Rifle Range Road, Mathis Ferry Road or the neighborhoods off Long Point Road. Crashes can happen anywhere a driver turns across a lane, pulls out of a lot or opens a door.
Deadlines for a Bike Crash Claim
Most injury suits in South Carolina must be filed within three years.1 That clock is about filing in court, so an open insurance claim does not stop it.2
If a state or local government body is responsible, a Tort Claims Act suit generally has to be filed within two years, and a qualifying verified claim may stretch that to three years. Which rule fits depends on who was involved and what happened.3 Because these deadlines differ, it helps to talk with a lawyer early about which one applies.4
For the statewide picture, see South Carolina bicycle accident claims.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
What to Keep
- Your bike, exactly as it came home from the scene, in a garage or shed
- The helmet, even if the crack looks small
- Lights, reflectors and the clothes you had on
- The GPS file from your watch or app, and any handlebar or helmet camera video
- Medical records, bills and a list of each appointment
If you hit your head, read about brain injury claims. If you were on foot instead, see Mount Pleasant pedestrian accidents.
Talk With Us
We start by hearing about the ride and the crash, and we tell you honestly what we see. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including Mount Pleasant and the islands. Our office is on King Street in downtown Charleston, across the Cooper River on the Ravenel Bridge. The first conversation can happen by phone.
Bring your ride data, photos and any letters from the insurer, and we can go over 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 driver turning off a frontage road cut across the bike lane and hit me. Was the driver at fault?
That turns on what each of you did and what the evidence shows. On a South Carolina road, a person on a bike has a driver's rights and generally the same duties, with some exceptions.5 Drivers have to use due care to avoid hitting cyclists, and whether this driver failed to do that depends on the circumstances.6
The car passed me too close on Ben Sawyer Boulevard. Does the law say anything about that?
The adjuster says I share some of the blame. Is my claim over?
Not necessarily. Under South Carolina's modified comparative negligence rule, your damages are generally reduced by your share of fault, and with a single defendant you generally can't recover if you were more than 50% at fault.8 Photos of the lane and the car's position can make a real difference here.
How do I know if I have a claim at all?
It generally comes down to whether someone else was negligent, whether that caused your injuries, and what you lost as a result.9 Talking it through with a lawyer is a good way to find out where you stand.
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.
