What to Do After a Bicycle Accident in Summerville
Get to the ER and stay with your treatment plan. While you recover, someone close to you can take care of the rest.
- Call 911. Let EMS decide where you are taken. Then go to every follow-up, surgery and therapy visit.
- Get the report. The officer may have been with Summerville police, a county sheriff's office or the Highway Patrol. A family member can ask that agency how to request a copy.
- Get the driver's details. Name, tag number, insurer and policy number, and the names and numbers of anyone who stopped.
- Export your ride. If you used a GPS watch, bike computer or app, save that ride file now.
- Leave the bike alone. No repairs, no trips to the shop. A cracked or scuffed helmet goes in a bag in the garage, and someone can photograph scrapes, bent rims and any streak of car paint.
- Look for video. Save any bike camera footage. Ask homes and businesses near the spot about their cameras soon, before the footage is overwritten.
Riding Around Summerville
Cyclists share narrow, tree-lined Ashley River Road with commuters. They cross busy streets where the Sawmill Branch Trail meets traffic, ride the newer streets of Nexton and Cane Bay, and deal with stop-and-go traffic on Main Street downtown. Each setting raises different questions about what the driver saw and did.
How Long You Have to File
Most injury suits in South Carolina must be filed within three years.1 That limit is about filing in court, so a claim with the driver's insurer does not hold it open.2
When a state or local government entity is involved, a lawsuit generally has to be filed within two years, though a properly filed verified claim may extend that to three years. Other rules can come into play depending on who was involved.3 Talking with a lawyer early can help you learn which deadline applies to you.4
The statewide page has more on 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.
Keep These Things
Put the bike, helmet, lights, jersey and shoes aside untouched in a closet or garage in Summerville until a lawyer has seen them. Back up any ride-app file or handlebar camera clip to a second device. Start a folder for ER bills, therapy notes and work you missed.
Talk With Us
We begin by hearing about your ride and the crash, and we tell you honestly what we think.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Summerville. If you hit your head, see our page on head injuries around Summerville.
Tell us the road, the time of day and how the driver came at you, and we can look at it 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
Do I have to come downtown to talk?
No. The first conversation can happen by phone. Our office is on King Street in downtown Charleston. When getting to King Street is hard, we can come to the hospital, to your home or to another place that's easier for you.
How is fault decided when a driver hits a cyclist?
It comes down to what happened and what the proof shows. On a South Carolina road, a person on a bike has the rights of a driver and generally the same duties, with some exceptions.5 A driver owes due care to avoid striking someone on a bike and must leave a safe gap at all times.7 Whether a driver fell short depends on the facts of the crash.6
What if the driver claims I caused part of it?
You may still have a claim. South Carolina's modified comparative negligence rule generally lowers an award by your share of fault, and against one defendant you usually cannot recover if you were more than 50% at fault.8 A lawyer can go over the evidence and how the rule may apply.
How can I tell if I have a claim?
It generally depends on whether someone was negligent, whether that caused your injuries, and what losses you suffered.9 Bring what you have to a first call, and a lawyer can say whether it is worth digging further.
I wasn't wearing a helmet. Does that end my claim?
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.
