Loris Bicycle Accident Lawyer

Loris Bicycle Accident Attorney

Biking has become an increasingly common mode of transit for Americans. However, the risk of getting into a crash with a vehicle is still high. When an accident happens, and the fault lies with the other driver, you need to contact a Loris bicycle accident lawyer to understand what legal options are available to you.

Work With Empathetic Lawyers That You Can Trust

With over 100 years of combined legal experience, the five attorneys at Axelrod & Associates, P.A. have dedicated their professional lives to helping South Carolina residents protect their legal rights. The time after an accident is often traumatic, both physically and emotionally. It can be difficult to find the motivation to pursue a personal injury case.

An average of 40% of people don’t drive. These individuals use alternative modes of transit, such as bicycling, to commute. However, due to poor bike infrastructure and a lack of physical protection, bicyclists are at a high risk of injury during crashes.

We’re proud to take on our clients’ legal cases so they can focus on rest and recovery during such a challenging time. Our firm offers free consultations to those who have been injured in Loris and the surrounding towns.

How South Carolina Courts Determine Fault in a Bicycle Accident Case

Commonly used bike paths in Loris are the Colonel Robert Bell Path, the Marina Parkway Bike Path, and the Marion Hike and Bike Trail. To access these quiet paths and other areas in towns, bikers need to share the roads with cars. This increases the risk of a crash and can lead to devastating injuries.

In 2023, 937 bicyclists in the United States passed away in motor vehicle accidents. That same year, 25 bicyclists in South Carolina died. If you experience a bicycle accident, understanding the state’s legal process can help ensure a streamlined case.

The judge will assign everyone involved in the crash a percentage of fault, based on the evidence and testimony provided by all parties. If they find you to be more than 50% at fault for the crash, you can’t pursue compensation. If you’re less than half at fault, you can seek compensation, but any amount awarded to you will be reduced by your percentage of fault. For example:

• If you were riding your bike but swerving into the car lane, you may be assigned 40% at fault for the crash.
• If the car that hit you was texting while driving and didn’t see you, they may be assigned 60% at fault for the crash.
• If you win $100,000, it would be reduced by 40%, making your final compensation $60,000.

The Types of Damages You Can Request in Your Case

During a bicycle accident case, the compensation awarded to victims is calculated based on the real losses suffered because of their injuries. These are also called damages. There are two main types that can be requested during a case:

1. Economic damages. These damages are easy to calculate, as they’re based on your financial losses. These can include the cost of your medical bills, including any surgeries, medications, or mental health counseling. It can also include lost income due to missing work from your injuries and damage to your vehicle or bike, as well as your other personal belongings, such as your cell phone or clothing.
2. Non-economic damages. These damages are more subjective, but equally important as economic damages. They’re calculated based on your emotional losses, such as your pain and suffering, and loss of enjoyment of life.

Punitive Damages in a Bicycle Accident Case

A specific type of damage may be requested, depending on the details of your situation. Punitive damages are only awarded when the responsible party acted with extreme negligence or malice.

For example, if the wrongdoer was driving while drunk or intentionally hit you, they may have to pay you punitive damages. These damages are meant to further punish the wrongdoer and deter any similar actions from happening again in the future.

FAQs About Loris, SC Bicycle Accident Laws

What Should I Do Immediately After a Bicycle Accident?

There are several things you should do immediately after a bicycle accident to help preserve your safety and legal case. First, call 911 to report the incident. While waiting for paramedics and law enforcement, gather the contact and insurance information of the other party involved in the crash, as well as the information of any witnesses. Don’t admit fault or apologize, as this can be used against you. Then, hire a bicycle accident lawyer to discuss your case.

What Is the Deadline to File My Bicycle Accident Claim in South Carolina?

In South Carolina, survivors of bicycle accidents have three years to file their legal claim. Loris residents can do this at the Horry County Courthouse, located at 1301 Second Avenue in Conway. It’s important to act quickly, as waiting to file will decrease your chances of success. If you fail to file within three years, your case will likely be dismissed.

Can I Speak to an Insurance Company Without My Lawyer Present?

You can speak to an insurance company without your lawyer present, but it’s critical to exercise caution when doing so. When they contact you, only provide the insurance adjuster with basic facts about the crash. Don’t admit fault or speculate about what caused it. If they ask you to make a recorded statement or answer questions under oath, don’t do it unless your lawyer is with you.

What Evidence Do I Need to Have a Successful Legal Case in South Carolina?

In order to have a successful legal case in South Carolina, you need extensive evidence. This can include photos and videos taken at the time of the crash, as well as copies of the police report and your medical records. Include footage from any nearby cameras that caught the crash on tape.

Hire a Bicycle Accident Lawyer With Years of Experience

Contact our Myrtle Beach office today to learn how our attorneys can help you. Axelrod & Associates, P.A. is proud to offer free consultations to residents of Loris and the surrounding areas in South Carolina. No one should have to take on their legal case alone. Let our skilled team help take the burden off your shoulders.