First Steps After a Bike Crash in Spartanburg
Getting treated matters most. While you're admitted, a relative or friend can take on the report, the pictures and the insurer's questions.
- Get emergency care. Have someone dial 911. Then stick with your surgeons' and therapists' plans and file away the paperwork.
- Ask for the report. Spartanburg Police, the Sheriff's Office or a town department may have responded, depending on the spot. That agency can say how to get a copy.
- Get the driver's details. Name, plate, insurance company and policy number, and a phone number for anyone who stopped.
- Export your ride. A watch, bike computer or riding app may hold a file showing your route and speed. Save it before it syncs away.
- Leave the bike alone. No repairs, and don't toss the helmet. A friend with a phone camera can capture the bent rim, the cracked frame and any streak of car paint on it.
- Ask about cameras quickly. Shops along East Main or homes near the crossing may have footage that gets recorded over.
Where Riders Get Hurt Around Spartanburg
Walkers, runners and riders on the Mary Black Rail Trail meet cars at its street crossings. Students ride between campuses near Wofford and Converse, where traffic is heavy. Farther out, foothill roads near Campobello and Landrum are popular with cyclists and have little room to pass.
The Filing Deadline
South Carolina sets a three-year deadline for most personal injury suits.1 The clock is about filing in court, so an open claim with an insurer doesn't stop it.2 Cases against a state or local government entity generally have two years, and a properly filed verified claim may extend that to three years.4 If a city, county or state driver hit you, separate rules may come into play.3
Because the right deadline depends on the facts, it's worth reaching a lawyer soon.4 For more, see South Carolina bicycle accident law.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Things Worth Saving
- The damaged bike, stored somewhere safe
- The helmet, cracked or not
- Lights, reflectors and the clothes you rode in
- Ride files and any bike camera video
- Hospital records and bills
Talk With Us
We begin by hearing about the ride and the crash, and we'll be honest about what we see. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including Spartanburg County. If you struck your head, read about brain injury claims in Spartanburg. Walking rather than riding when it happened? That's covered under pedestrian crashes in Spartanburg.
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
The driver says I came out of nowhere. Who was at fault?
No single fact settles it; the road, the light, the lane position and the witnesses all matter. On a South Carolina road, a cyclist generally has a driver's rights and most of the same duties.5 Drivers have to use due care to avoid hitting bicyclists and keep a safe distance when going around them.7 Whether this driver fell short depends on the details of the crash.6
I might have made a mistake too. Can I still recover?
Possibly. Under South Carolina's modified comparative negligence rule, your share of the blame can shrink what you recover. Against a single defendant, being more than 50% responsible generally bars recovery.8 A lawyer can weigh the evidence with you.
How can I tell whether there's a claim here?
It generally comes down to whether someone was negligent, whether that led to your injuries and what losses followed.9 Talking through the ride with a lawyer is the way to sort out whether a closer look makes sense.
I wasn't wearing a helmet on the trail. Does that sink my claim?
Your office is in Charleston. How do we begin?
The first conversation can happen by phone. Our office is on King Street in Charleston, and we take cases from all over South Carolina.
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.
