SC Bicycle Accident Lawyer Mount Pleasant

Mount Pleasant, SC Bicycle Accident Lawyer

Injured in a bicycle accident in South Carolina? Attorney Jonathan Arndt helps cyclists protect their rights and recover full compensation — Contact The Arndt Law Firm today to speak with an experienced Mount Pleasant, SC bicycle accident lawyer.

Bicycle accidents can happen in an instant, transforming a routine ride into a life-altering tragedy. Whether commuting along Coleman Boulevard, enjoying the scenic paths of Shem Creek, navigating the busy corridors of Highway 17, or cycling through the growing neighborhoods of Carolina Park and Park West, cyclists in Mount Pleasant can face serious risks from distracted drivers, aggressive motorists, and inadequate infrastructure.

At our firm, The Arndt Law Firm, located in Mount Pleasant, we are dedicated to representing bicycle accident victims throughout Charleston County and across South Carolina. Our team passionately advocates for our clients, holding negligent drivers accountable and striving to secure fair compensation for their injuries. With a focus on supporting victims through every step of their recovery, our founder and experienced attorneys are committed to providing the guidance and care needed during this challenging time.

Pursuing justice for those harmed can help promote safer roads, encourage municipalities to improve cycling infrastructure, and make the community safer for everyone on two wheels.

Common Injuries in Bicycle Accidents

Cyclists have little protection when a vehicle hits them. The force of a collision can cause serious, life-altering injuries. These accidents often result in broken bones, head trauma, spinal injuries, and other long-term physical and emotional consequences.

Head and Brain Injuries

Traumatic brain injuries are among the most serious consequences of bicycle accidents. Helmets substantially reduce the risk of head and brain injuries, according to the CDC, although they cannot prevent all traumatic brain injuries. Even cyclists wearing helmets can suffer concussions, skull fractures, and brain trauma when struck by vehicles or thrown to the pavement.

Severe TBI can result in cognitive impairments, memory problems, personality changes, seizures, and permanent disability. Victims may require lifelong care and lose the ability to work or live independently.

Mild traumatic brain injuries and concussions still cause significant problems, including headaches, dizziness, concentration difficulties, and emotional changes that persist for months or years.

Spinal Cord Injuries

The force of vehicle impacts or falls onto pavement can fracture vertebrae and damage the spinal cord. Spinal cord injuries can cause:

Paralysis: Complete spinal cord injuries result in paraplegia or quadriplegia, permanently robbing victims of mobility and independence.

Incomplete Injuries: Partial spinal cord damage may leave some function intact but still cause significant disability, chronic pain, and mobility limitations.

Broken Bones and Fractures

The impact of bicycle accidents commonly causes fractures, including:

Clavicle Fractures: Broken collarbones are extremely common when cyclists extend their arms during falls.

Arm and Wrist Fractures: A natural instinct to break falls can result in fractures of the forearm, wrist, and hand.

Leg Fractures: Direct impacts from vehicles or falls cause femur, tibia, fibula, and ankle fractures.

Pelvis and Hip Fractures: High-impact collisions can shatter the pelvis or hip, requiring extensive surgery and lengthy rehabilitation.

Facial Fractures: Contact with pavement or vehicles can cause fractures to the jaw, cheekbones, orbits, and nose.

Road Rash and Soft Tissue Injuries

Sliding across pavement can cause road rash, a severe abrasion that removes layers of skin. Deep road rash may require skin grafts and leave permanent scarring. The risk of infection is high, requiring careful wound management.

Soft-tissue injuries include muscle tears, ligament sprains, and tendon injuries. These may require surgery.

Internal Injuries

When a cyclist is struck by a vehicle, the impact can cause serious internal injuries that aren’t always visible right away. Blunt force trauma can damage organs such as the liver, spleen, kidneys, and lungs, and may lead to internal bleeding. These injuries can become life-threatening if not treated quickly, which is why prompt medical attention is critical.

Dental Injuries

Facial impacts often result in knocked-out teeth, fractured teeth, and jaw injuries requiring extensive dental work, implants, or reconstructive surgery.

Psychological Trauma

Beyond physical injuries, bicycle accident victims frequently develop post-traumatic stress disorder, anxiety, depression, and phobias about cycling or being near traffic. The psychological impact can be as disabling as physical injuries, affecting quality of life, relationships, and ability to work.

South Carolina Bicycle Laws and Cyclist Rights

Understanding the laws governing bicycles and cyclists' rights helps riders stay safe and protect themselves after an accident.

Bicycles as Vehicles

South Carolina law treats bicycles as vehicles with the same rights and responsibilities as motor vehicles. Cyclists may use public roads and have the right to occupy traffic lanes when necessary for safety.

Rights and Duties of Cyclists

South Carolina (under S.C. Code 56-5-3420) establishes rules for bicycle operation:

Riding Position: Cyclists must ride as far to the right as practicable, except when passing, preparing for left turns, avoiding hazards, or when lanes are too narrow for vehicles to pass safely.
Lighting Requirements: Bicycles must have white front lights and red rear reflectors when riding at night.
Traffic Laws: Cyclists must obey traffic signals, stop signs, and other traffic control devices just as motor vehicle operators must.

Motorist Duties Toward Cyclists

South Carolina law imposes specific obligations on drivers regarding cyclists:

Safe Passing Distance: Drivers must maintain a safe operating distance from a bicycle when passing (S.C. Code 56-5-3435). Many legal commentaries describe this as “three feet” clearance for safe passing, but the statute does not specify a fixed distance.
Yielding Right of Way: Under South Carolina law, drivers owe a duty of care to bicyclists and must yield the right of way when applicable, such as when a cyclist has the right of way at an intersection.
Dooring Prevention: While not explicitly addressed in statute, common law requires vehicle occupants to check for oncoming traffic, including bicycles, before opening doors.

When cyclists and drivers understand their rights and responsibilities, they can reduce accidents and ensure victims have stronger legal recourse in the event of a crash.

Damages Recoverable in Bicycle Accident Cases

South Carolina law allows comprehensive recovery for losses resulting from bicycle accidents caused by negligent drivers or dangerous conditions.

Medical Expenses: Bicycle accident injuries often require extensive medical treatment, including emergency care, hospitalization, surgery, diagnostic imaging, prescription medications, physical therapy, occupational therapy, and ongoing treatment for permanent injuries.
Future medical expenses: These are compensable when injuries require ongoing treatment, future surgeries, assistive devices, home modifications, or long-term care. Medical experts provide testimony regarding anticipated future needs and costs.
Lost Income and Earning Capacity: Time away from work during recovery results in lost wages and reduced earning capacity. Severe injuries may prevent victims from returning to their previous occupations, thereby diminishing their earning capacity.

Pain and Suffering: Physical pain resulting from injuries, medical procedures, and ongoing conditions is deserving of compensation. Fractures, surgeries, road rash treatment, and chronic pain from permanent injuries cause extraordinary suffering.

Bicycle accident victims can secure compensation that addresses both immediate losses and long-term impacts, helping them recover physically, financially, and emotionally.

The Legal Process for Bicycle Accident Claims

Pursuing a bicycle accident claim involves several steps, and an experienced attorney can guide victims through the process to protect their rights and maximize recovery.

Immediate Steps After an Accident

Seek Medical Attention: Even if injuries seem minor, prompt medical evaluation is critical. Some serious injuries have delayed symptoms. Medical records also document injuries and establish the connection between the accident and injuries.
Report the Accident: Call the police to document the accident. Police reports provide essential evidence, including officer observations, driver statements, and initial fault determinations.
Document the Scene: If physically able, photograph vehicle damage, bicycle damage, road conditions, skid marks, intersection layouts, and injuries. Witness contact information is valuable.
Preserve Evidence: Keep damaged clothing, helmets, and bicycle components. These may provide crucial evidence regarding impact forces and liability.

Avoid Statements to Insurance Companies: Do not provide recorded statements or sign documents for insurance companies without consulting an attorney. Insurance adjusters seek information to minimize liability and reduce payouts.

How a Bicycle Accident Attorney Evaluates a Bicycle Accident Case

Meeting with a skilled bicycle accident attorney in South Carolina early helps protect rights and preserve evidence. Jonathan Arndt can evaluate the circumstances, identify potential defendants, assess available insurance coverage, review medical records, and explain legal rights and options. This consultation helps victims understand whether they have valid claims and what to expect throughout the process.

Gathering Evidence to Establish Fault and Support a Claim

Thorough investigation establishes liability and damages. Attorneys can:

Obtain Police Reports: Official accident reports provide foundational evidence.
Interview Witnesses: Witness statements regarding vehicle actions, traffic signals, and accident dynamics establish what occurred.
Secure Surveillance Footage: Traffic cameras, business security cameras, and dashcam footage may capture accidents. This evidence must be secured quickly before it is overwritten or deleted.
Analyze Physical Evidence: Vehicle damage, bicycle damage, road conditions, and debris patterns help reconstruct accidents and establish fault.
Consult Experts: Accident reconstruction experts, biomechanical engineers, and medical experts provide opinions regarding how accidents occurred and the nature and extent of injuries.

Identifying All Liable Parties

Bicycle accident cases may involve multiple defendants:

Negligent Drivers: The motorist whose negligence caused the accident is liable in the first instance.
Vehicle Owners: When drivers do not own the vehicles they operate, owners may share liability.
Employers: Companies whose employees cause accidents while working may be liable under the respondeat superior doctrine.
Government Entities: Municipalities responsible for maintaining roads may be liable when dangerous conditions contribute to accidents.
Product Manufacturers: Defective bicycle components or vehicle defects that contribute to accidents can lead to product liability claims.

Identifying all liable parties maximizes potential compensation sources.

Filing a Bicycle Accident Lawsuit When Settlements Fail

When settlement negotiations fail, attorneys file lawsuits in the appropriate courts. Complaints outline legal claims, identify defendants, describe how negligence caused injuries, and specify damages sought.

South Carolina's statute of limitations requires that most bicycle accident lawsuits be filed within 3 years of the accident. Missing this deadline permanently bars claims.

How Evidence Is Exchanged During the Discovery Phase

Discovery is the formal process of exchanging evidence. Both sides use interrogatories, document requests, and depositions to gather information. Depositions are sworn testimony where attorneys question parties, witnesses, and experts.

Mediation and Settlement Conferences in Bicycle Accident Claims

Courts often require mediation before trial. Neutral mediators help parties negotiate settlements. While non-binding, mediation usually results in settlements when both sides realistically assess the strengths and weaknesses of their cases.

Even without formal mediation, settlement negotiations typically continue throughout litigation as evidence develops and trial approaches.

How a Bicycle Accident Case Proceeds at Trial

When cases cannot settle, they proceed to trial. Jury selection begins the process, followed by opening statements outlining each side's case. Evidence presentation includes witness testimony, medical records, photographs, accident reconstruction, and expert opinions.

Both sides cross-examine opposing witnesses to challenge credibility and opinions. Closing arguments summarize evidence and ask juries to return favorable verdicts.

Juries determine both liability and damages. In bicycle accident cases, juries often sympathize with vulnerable cyclists who are struck by negligent drivers, resulting in substantial verdicts when the evidence supports the claims.

Challenging or Defending a Bicycle Accident Verdict

Either party can appeal verdicts, though appeals review legal errors rather than retry cases. Appeals can extend timelines but sometimes result in increased awards when trial courts made errors unfavorable to victims.

Frequently Asked Questions About Bicycle Accident Claims

How long do I have to file a claim for a bicycle accident in Mount Pleasant?

South Carolina's statute of limitations requires filing most bicycle accident lawsuits within three years of the date of the accident. Claims against government entities have shorter deadlines. Consulting a Mount Pleasant, SC bicycle accident lawyer immediately ensures deadlines are met and evidence is preserved.

Do I need to wear a helmet in South Carolina?

South Carolina does not require adult cyclists to wear helmets. Not wearing a helmet does not prevent recovery, though damage may be reduced if head injuries result from the lack of a helmet. The at-fault driver’s negligence remains the primary cause of the accident.

Can I recover damages if I was partially at fault for a bicycle accident?

Yes, a cyclist can recover damages if partially at fault, as long as their fault is less than 50%. South Carolina follows a modified comparative negligence rule, which reduces compensation by the cyclist’s percentage of fault.

What happens if the driver who hit me left the scene?

If a driver leaves the scene, the cyclist can still recover damages. Police may identify the driver, and uninsured motorist (UM) coverage on the cyclist’s own policy may provide compensation even if the driver remains unidentified.

Can I get treatment if I don’t have health insurance?

Cyclists without health insurance can still get treatment. Attorneys often arrange care on a lien basis, where medical providers agree to be paid from the case settlement.

What if the at-fault driver’s insurance is not enough to cover my damages?

If the driver’s insurance is insufficient, underinsured motorist (UIM) coverage on the cyclist’s own auto policy may provide additional compensation. Attorneys identify all available insurance sources to maximize recovery.

How long does a bicycle accident case take to resolve?

Bicycle accident case timelines vary. Simple cases with clear liability may settle within months, while complex cases involving severe injuries, disputed fault, or multiple defendants can take one to three years to resolve.

Can I still file a claim if the accident happened a long time ago?

Yes, a cyclist can file a claim as long as it falls within South Carolina’s statute of limitations. Filing early is recommended because evidence deteriorates, witnesses’ memories fade, and documentation may be lost over time.

Can family members file a wrongful death claim if a loved one died in a bicycle accident?

Yes, surviving family members can pursue a wrongful death claim. South Carolina law allows spouses, children, or parents to recover damages for loss of financial support, loss of companionship, medical expenses before death, and funeral costs.

Take the Next Step Toward Recovery with a Mount Pleasant SC Bicycle Accident Lawyer

Bicycle accidents cause devastating injuries and life-altering consequences. When driver negligence causes these injuries, victims deserve compensation for medical expenses, lost income, pain and suffering, and the profound impact accidents have on every aspect of life.

For Mount Pleasant residents and visitors who have suffered bicycle accident injuries due to negligent drivers, dangerous road conditions, or defective equipment, The Arndt Law Firm offers guidance, advocacy, and a path toward justice and recovery.

Call today at 843-469-8777 for a free consultation with an experienced Mount Pleasant, SC bicycle accident lawyer.