Charleston Bicycle Accident lawyer

In some ways, establishing liability in a car-bicycle accident is the same as in a car-car accident. Evidence such as police reports, witness statements, and surveillance camera footage are all useful when determining liability. Investigators can also look at the accident scene and damage to the car (or bike) to help figure out how the accident happened.

But establishing liability in a car-bicycle accident can present unique problems. For example, was the cyclist following the rules of the road and cycling where they were supposed to be? This isn’t so straightforward, since laws and regulations governing bicycle riders, such as whether a bicyclist may bike on the sidewalk or share a traffic lane with cars, can change between city limits or county limits. Similarly, a well-marked bike lane may suddenly disappear, leaving the cyclist unsure where to go next. A cyclist who breaks the rules and bikes where they shouldn’t be and is then involved in a collision with a car may be partially (or wholly) at fault for the accident.

Liability is important because South Carolina is a modified comparative negligence state. That means if a party is found to be 51% or more responsible for the accident, they are not able to recover any damages.

Another potential challenge is that most bikers don’t carry standalone bicycle insurance in case of an accident. Other insurance policies may be applicable, such as homeowners insurance for damage to the bike itself and health insurance for medical expenses. In some cases, a bicycler’s auto insurance may cover some expenses, too. But many cyclists don’t have adequate protection from insurance, which can pose a challenge when trying to get the compensation they need to cover medical bills, lost wages, property damage, and more after an accident.