After a Bike Crash on the Grand Strand
Getting hit on a bike usually means an ambulance, the ER and weeks or months of recovery. If you're laid up, a spouse, parent or friend can work through most of this for you.
- Call 911 and stick with the care plan. Go to every surgery, follow-up and therapy visit, and save the paperwork.
- Learn who took the report. It depends on where the crash happened: city police, Horry County Police in places like Carolina Forest or Socastee, or the Highway Patrol. Ask for the case number.
- Driver and witnesses. Note the driver's name, tag number, insurance company and policy number, and phone numbers for anyone who watched it happen.
- Export your ride. If a GPS watch, bike computer or app recorded the ride, save the file now.
- Leave the bike and helmet alone. Don't fix the bike or throw out the helmet. Take pictures of the frame, rims, lights and any scraped paint.
- Ask about cameras soon. Shops and homes along the route may have video that gets recorded over.
Riding Around Myrtle Beach
Cyclists on Ocean Boulevard share the street with slow cruising cars, rental cars and people crossing to the sand. Kings Highway has one driveway after another and plenty of turning traffic. Inland, riders in Carolina Forest and near Coastal Carolina University in Conway mix with commuters and students.
The Rules on the Road
On a South Carolina road, a cyclist generally has the same rights as a driver, with many of the same duties.4 A driver has to use due care to avoid a cyclist and keep a safe distance while passing.6 Whether a driver fell short depends on the facts of the crash.5
There's generally no helmet requirement for bicyclists in South Carolina.7 If you share some of the blame, your recovery may be reduced, so tell a lawyer everything about how it happened.8
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
How Much Time You Have
Most injury lawsuits in South Carolina need to be filed within three years.1 That clock is for a lawsuit in court, so talking with an adjuster doesn't stop it.2 A claim against a state or local government entity generally has a two-year deadline, and a properly filed verified claim may stretch that to three years.9 Who the other party is can change which rules control.3 Our page on bicycle crashes across South Carolina covers more.
Talk With Us
We take cases across South Carolina, including Myrtle Beach and the Grand Strand. Our office is on King Street in Charleston. The first conversation can happen by phone.
Tell us about the ride and the crash. We listen, and we'll tell you honestly what we see. If you hire us, the insurers can usually deal with us.
If you hit your head, read about head injuries in Myrtle Beach.
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
- 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.4
- 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.5
- South Carolina drivers must keep a safe operating distance between their vehicle and a bicycle at all times.6
- South Carolina does not generally require bicyclists to wear helmets.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
- 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.9
- A potential injury claim generally depends on whether another party was negligent, whether that negligence caused the injuries, and what losses resulted.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
Was the driver to blame for hitting me?
What if I was partly to blame for the crash?
Quite possibly. Under South Carolina's modified comparative negligence rule, your recovery can shrink by your share of the fault, and with one defendant you generally can't recover if you were more than 50% at fault.8 Walk a lawyer through the crash, and they can tell you how that rule may play out.
How do I know if I have a case?
It generally depends on whether someone else was careless, whether that carelessness caused your injuries, and what losses followed.10 A lawyer can look at what you have and talk through whether a claim makes sense.
I wasn't wearing a helmet. Does that end my claim?
I was on vacation in Myrtle Beach and I'm home now. Can we still talk?
Yes. You don't have to stay in South Carolina for us to talk. The first conversation can happen by phone, and you can keep getting treatment where you live.
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 § 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)
- Sean Hall's Nov 5 review notes (no general South Carolina statute requires bicycle helmets)
- Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991); S.C. Code § 15-38-15
- S.C. Code §§ 15-78-80 and 15-78-110
- Elements of negligence under South Carolina law, as stated in Sean Hall's Nov 5 review notes
- 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.
