First Steps After a Bike Crash in North Charleston
Treatment first. Family can cover the rest.
- Call 911. Keep every follow-up.
- Ask which agency wrote the report.
- Get the driver's plate and insurer.
- Collect witness numbers.
- Export your GPS or app ride file.
- Don't repair the bike.
- Keep the helmet, lights and clothes.
- Photograph paint transfer on the frame.
- Ask corner shops about cameras quickly.
Riding in North Charleston
Plenty of North Charleston riders pedal to early shifts along Rivers Avenue and Dorchester Road, cut through the side streets around Park Circle and East Montague Avenue, and share Remount Road and Ashley Phosphate Road with heavy traffic. Freight trains still cross Rivers Avenue, and a long train can stop traffic. Note the nearest cross street.
South Carolina Law on Bicycle Crashes
On the Road
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.5 South Carolina drivers must keep a safe operating distance between their vehicle and a bicycle at all times.6 Under the modified comparative negligence rule, your damages are generally reduced by your percentage of fault, and recovery is generally barred if your fault is greater.7
Time to File
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.2 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.8 Claims against a South Carolina state or local government agency have their own filing deadline.3
Our statewide page explains how bicycle crash claims work.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
Walk us through that ride. We'll be straight about what we see. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including North Charleston. Our office is on King Street in downtown Charleston. Hit your head? See our North Charleston brain injury page.
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
- 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.7
- 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.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 passed way too close on Remount Road and clipped me. Whose fault?
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, and must keep a safe operating distance between their vehicle and a bicycle at all times.6 Whether a driver violated this duty depends on the circumstances of the crash.5
The driver says I share the blame. Can I still recover?
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-party case, that means you can recover if you are 50% or less at fault, and your damages are generally reduced by your percentage of fault.7
Do I have a case?
A potential injury claim generally depends on whether another party was negligent, whether that negligence caused the injuries, and what losses resulted.9 A lawyer can look at what you've got.
No helmet. Does that sink my claim?
South Carolina does not generally require bicyclists to wear helmets.10 Not wearing a helmet does not automatically prevent an injured 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
Can we talk without me coming downtown?
The first conversation can happen by phone. Our office is on King Street in downtown Charleston, south of North Charleston by way of I-26 or Rivers Avenue.
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)
- 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 (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.
