Learn about the risks of bicycle accidents in South Carolina and how liability is determined so you can get the compensation you deserve
In recent years, more Columbia residents have been choosing bikes as their preferred mode of transportation, but the coexistence of cars and bicycles on our road presents some serious risks. From commuting to work to a simple family bike ride, your life can be dramatically altered in the blink of an eye if an accident occurs.
If you’ve been injured in a bicycle accident in Columbia due to someone else’s negligence, it’s crucial to understand your rights and legal options. This guide will answer some of the legal questions you might have and discuss potential strategies that can help protect your rights so you can seek the compensation you deserve.
South Carolina: A hotspot for bicycle and pedestrian crashes
South Carolina is one of the most dangerous states for pedestrians and cyclists, ranking 5th in the nation for pedestrian fatalities, according to a 2022 report by the South Carolina Department of Transportation (SCDOT).
From 2009 to 2019, pedestrian fatalities in the state surged by 80%, while bicycle fatalities more than doubled. To put the dangers for bicyclists and pedestrians in perspective: In 2019, pedestrian and bicycle fatalities made up over 20% of all highway deaths in South Carolina, despite these groups being involved in less than 1% of all crashes.
In addition to the emotional and physical toll of these accidents on victims and their families, accidents with pedestrians and bicyclists also take a huge financial toll. In fact, from 2015 to 2019, the SCDOT estimates that these accidents had a staggering societal cost of more than $8.9 billion in South Carolina alone.
Why are there so many bicycle accidents in South Carolina?
According to analysis in the SCDOT report, the design of South Carolina roads has contributed to the high incidence of bicycle accidents. Some issues the report identified include:
- Lack of bicycle and pedestrian paths. Many roads in South Carolina are not equipped with adequate bike lanes or pedestrian pathways, forcing cyclists to share lanes with fast-moving vehicles.
- Unsafe sidewalk riding. Feeling unsafe on the streets, many cyclists resort to riding on sidewalks, which is illegal in many local jurisdictions and can lead to accidents with pedestrians.
- High-speed vehicles. Cars often travel at high speeds on South Carolina roads, and speeding increases the severity of accidents involving cyclists and pedestrians.
- Complex intersections. Large, wide intersections create more opportunities for conflicts between vehicles, pedestrians, and cyclists. The complexity and size of these intersections often mean longer wait times and more time needed to cross safely.
- Poor lighting. Limited roadway lighting, and even less pedestrian-specific lighting, make it difficult for drivers to see cyclists and pedestrians, especially at night.
- Sidewalk obstacles. Utilities placed within sidewalks create narrow, constrained conditions, particularly challenging for users with disabilities and increasing the risk of accidents.
Other common causes of South Carolina bicycle accidents include:
- Alcohol use. Both impaired driving and cycling can lead to poor judgment and reaction times, contributing to accidents. According to the SCDOT report, alcohol or drug impairment is a factor in about 38% of all fatal bicycle accidents in South Carolina, with 14% of fatal bicycle accidents involving an intoxicated vehicle driver and 24% involving an intoxicated bicycle rider.
- Distractions. Eating, talking with passengers, and texting are all considered forms of distracted driving, which can prevent drivers from noticing cyclists and lead to collisions.
- Lack of awareness. Both drivers and cyclists may be unaware of traffic laws related to cycling, resulting in unsafe behaviors and misunderstandings on the road.
To combat these issues, it’s crucial to consider steps such as enhancing infrastructure with dedicated bike lanes, improving roadway lighting, redesigning intersections for safety, and increasing public awareness and education on traffic laws for both drivers and cyclists.
In the news:
Columbia cyclist tragically killed while riding to work
On May 21, 2024, Christopher Razny, a 45-year-old West Columbia resident, was tragically killed while riding his bike to work. Razny was struck from behind by a semi-truck on Platt Springs Road in Lexington. His sister, Terri, recounted their last conversation that morning, expressing her heartbreak over the sudden loss. She highlighted how Christopher had meticulously planned a safe route to work, but it ultimately wasn’t enough to prevent the accident.
As reported by WLTX19, cycling advocate Cliff Corley emphasized that Christopher was following the law, riding in the lane as required. In light of the tragic accident, the South Carolina Highway Patrol urged drivers to be more aware of cyclists, reduce distractions, and observe speed limits to prevent such accidents.
In memory of her brother, Terri is now committed to advocating for safer bike paths and increased cycling safety measures. The SCHP continues to investigate the incident and urges anyone with information to come forward.
Understanding South Carolina bicycle laws
Just as there are laws for drivers of motor vehicles, South Carolina has laws for people riding bicycles. Cyclists must follow the same rules of the road as drivers. Additionally, according to South Carolina law, bicyclists must always do the following:
- Ride with traffic instead of against it.
- Stop at red lights.
- Stop signs and yield the right of way.
For safety reasons, bicyclists should also ride as far to the right as possible and must use designated bike lanes wherever available unless they intend to turn left or an obstruction is present.
Do you have to wear a helmet on a bicycle in South Carolina?
It depends. While the law only requires cyclists younger than 21 to wear a helmet, all riders should consider wearing one to reduce their risk of traumatic brain injury in the event of an accident.
South Carolina Compensatory
and Punitive Damages
Learn about the different types of compensation you may be entitled to through a personal injury lawsuit so you understand how much your claim is worth.
How is fault determined in a South Carolina bicycle accident?
In South Carolina, fault in a bicycle accident is determined based on the concept of negligence. Negligence refers to the failure to exercise reasonable care, resulting in harm or injury to another person.
To establish negligence, it must be proven that the responsible party:
- Owed you a duty of care (which all drivers and bicyclists automatically owe each other),
- Breached that duty, and
- That breach directly caused the accident and any resulting injuries.
South Carolina follows a modified comparative negligence rule to determine fault. Under this rule, fault is assigned as a percentage to each party involved in the accident. To recover compensation, you must be found 50% or less at fault for the accident. If you are more than 50% at fault, you cannot recover any compensation.
Here’s an example: Imagine a situation where a cyclist is riding on a busy street at night without having proper lights on their bike or wearing reflective clothing. A driver, distracted by their phone, fails to notice the cyclist and hits them. In this case, both parties share fault: the cyclist for not having proper lighting and the driver for being distracted.
If it’s determined that the cyclist is 40% at fault and the driver is 60% at fault, the cyclist can still recover compensation. However, their compensation will be reduced by their percentage of fault. If the total damages are $100,000, the cyclist would receive $60,000 (which is 60% of the total damages, reflecting the driver’s fault).
When to consider a bicycle accident lawyer
Bicycle accidents often result in serious injuries like multiple broken bones, internal bleeding, traumatic brain injuries, and spinal cord injuries, some of which can be permanent. When this happens, the victim can be left with extensive medical expenses and require long-term treatment and rehabilitation. These issues require the assistance of an experienced personal injury attorney.
Here’s why having a bicycle accident attorney by your side is crucial:
- Proving negligence is key. South Carolina’s modified comparative negligence rule means recovering compensation hinges on proving the other party’s negligence. An attorney with experience in bicycle accident cases will understand the specific traffic laws and safety regulations that apply to cyclists. They can investigate the accident scene, gather evidence like witness statements and police reports, and build a strong case that demonstrates the other party’s failure to act with reasonable care.
- Medical knowledge. Serious cycling accidents can result in long-term medical needs. Your attorney can work with medical professionals to translate complex medical records into clear terms and ensure all future medical expenses are factored into your claim.
- Negotiation expertise. Insurance companies use tactics to downplay your injuries, minimize the accident’s severity, or even shift some blame to you. An attorney can handle all communication with the insurance company, negotiate aggressively on your behalf to secure the maximum compensation you deserve, and ensure you don’t accidentally say anything that could jeopardize your claim.
- Guidance through the legal process. The legal system can be daunting, filled with deadlines and paperwork. A bicycle accident attorney will handle all the legalities, guide you through each step of the process, and answer any questions you may have along the way. They can also represent you in court if necessary, ensuring your rights are protected throughout the entire process.
In short, a bicycle accident attorney is your advocate. They can level the playing field with the insurance company, fight for the compensation you deserve, and give you peace of mind to focus on your recovery.
Additional resources
These resources can help you get the most out of your bicycling endeavors and give you valuable tips on how to stay safe:
The Columbia Bike League is an advocacy group that helps you find bike-friendly areas and businesses.
There are also many wonderful bike trails in the state. A good place to start researching your next bicycle trip is this Top 10 Trails list by Rails to Trails Conservancy. Another is this SC Bicycle Tour Routes interactive map, maintained by the South Carolina Department of Transportation.
Looking for the best bicycle accident attorney in Columbia, SC?
If you or a loved one has suffered a serious injury or wrongful death in a bicycle accident in South Carolina due to someone else’s negligence, the experienced Columbia personal injury attorneys at Chappell, Chappell and Newman are here to assist you with every step of the process.
While you recover physically and mentally, let us help you recover financially. During a free, no-obligation consultation with one of our bicycle accident attorneys, you can find out more about your rights and what we can do to assist you in recovering maximum compensation. Our goal is to help you become more informed about your legal options so you can make decisions that benefit your future.
The law firm of Chappell, Chappel and Newman is an active local advocate for accident victims in Columbia. We know there is no settlement that can change the past, but it can help you reclaim your life and move on to a better future.
Contact us to begin exploring your legal options.
References
Bicycle Law | SCDPS. (n.d.). Scdps.sc.gov. https://scdps.sc.gov/bicyclesafety
South Carolina Pedestrian and Bicycle Safety Action Plan. (2022, May 13). South Carolina Department of Transportation. https://www.scdot.org/projects/pdf/SC%20Pedestrian%20and%20Bicycle%20Safety%20Action%20Plan.pdf