4701 Oleander Drive, Suite A
Myrtle Beach, SC 29577

Bicycle Accident

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Myrtle Beach Bicycle Accident Lawyer

Whether you are an avid cyclist or a casual rider, bicycling can be a fun way to exercise while getting where you need to go. Although many bicyclists understand the advantages of biking, few understand the catastrophic disadvantages that may come with riding a bike. Bicycle crashes are fairly common in Myrtle Beach, SC, and these collisions often hurt the riders more than the car drivers that hit them.

Although there are many things you can do to avoid a bike accident, the situation is not always within your control. Careless drivers often cause accidents and leave bicyclists with a long road to recovery.

Fortunately, SC law allows you to take action if you are the victim of a cycling crash. Through a personal injury claim, you can recover compensation for your injuries and ensure that the responsible party pays for the bicycle accident case. To begin developing your case, you need a trained bicycle accident attorney on your side.

Axelrod & Associates: Your South Carolina Bicycle Accident Attorneys

Our team at Axelrod & Associates is highly trained and experienced in personal injury law. We understand the agony that bicycle accident victims have to endure, and we will do everything in our power to ensure that justice is served. No one should have to endure pain and suffering after an accident that was not their fault. We can help you to get the compensation that you need to pay for your medical bills, support your family, and make a complete recovery.

You can feel safe knowing that our team is compassionate, patient, and empathetic toward accident victims and their families. We understand what a vulnerable position you are in, and we honor that by treating you with the utmost respect. You are safe to tell us your story, and you can trust that we will represent you properly and completely.

While we are understanding and patient with our clients, we are ruthless in the courtroom. We have no patience for individuals who harm others with their negligence. We will fight tirelessly to make sure that justice is served and that you get a proper settlement. Whether your case ends in negotiations or goes all the way to court, we will not stop fighting for you.

What Is a Bicycle Accident Case?

Bicycle accidents come in all shapes and sizes. While some of these accidents are extremely severe, others have minimal damage. Some collisions are the fault of a careless driver, while others are due to a mutual mistake or an act of nature. In many collisions, a bicyclist suffers physical and psychological injuries.

A bicycle accident case allows the victim of a bicycle accident crash to hold the perpetrator responsible for their actions. However, these cases can only occur when an act of negligence caused the incident. For example, if a driver hits a bicyclist because they were texting and driving, the driver was being negligent of their responsibilities and can be held responsible. However, if a car hits a bicyclist because the bicyclist failed to wear reflective gear at night, the driver was not being negligent and will likely not be held responsible.

Bicycle accident cases are a facet of personal injury law. Negligence is key in these cases, and to win your case, you must prove that the person who harmed you was acting negligently when they did so. This requires a significant amount of evidence and effort, making a bicycle accident attorney necessary to your chances of obtaining a settlement.

Why Do I Need a Bicycle Accident Attorney?

Proving your own bicycle accident case is extremely difficult. You need to amass strategic types of evidence to irrefutably prove your case to the court. This is extremely difficult to do on your own, as the individuals who possess the evidence may be hesitant to release it to someone who is not a lawyer or law enforcement official.

Even if you can amass the proper amount of evidence, arguing your case in court requires an intimate knowledge of the legal system and training in negotiations. Few people can navigate the court process effectively and properly without years of legal training and experience.

You should also understand that there is a lot at stake in these cases. The settlement that you receive can cover the expenses associated with the accident. It can also include financial support for your family while you are out of work to heal. This kind of support is key for most families, who cannot afford to pay medical bills, lose key income, and meet their needs after a sudden accident.

Finally, it is important to remember that undergoing a personal injury case means that you have been hurt in some way. It is important that you focus on the healing process to ensure that you make the most complete recovery possible. If you try to represent yourself, the stress and pressure of your case will surely impede your healing process. It is best to focus on relaxing and healing so that you can make a full recovery and allow a professional to handle the legal work.

Types of Negligence in a Bicycle Accident

As mentioned, bicycle accidents that occur because of negligence are often eligible for personal injury claims. For a personal injury claim to be valid, the injury must have occurred because of the perpetrator’s negligence. In bicycle accidents, this usually means that a driver was acting negligently when they hit a cyclist.

Negligence while driving can vary. Common examples of driving negligence include:

  • Texting or using the phone
  • Eating or drinking
  • Turning to engage with passengers or children
  • Watching scenery, buildings, people, or other objects on the side of the road
  • Engaging in illegal driving behavior such as speeding or road rage
  • Operating a vehicle while under the influence of alcohol or drugs
  • Failing to follow signs, signals, laws, or other road rules

These are just a few examples of driving negligence that can cause bicycle accidents. Any time a driver is not following all the rules of the road, they can be held liable if they cause a collision.

Proving Negligence After a Bicycle Accident

To win your case, your attorney will need to prove that the individual who hurt you was behaving negligently. Though this may seem straightforward, it is often complicated and requires an experienced hand. The first step is to amass evidence to present in court. Key evidence may include:

  • Photos and videos of the accident scene, damage, and injuries
  • Eyewitness accounts of the collision and aftermath
  • CCTV footage from the surrounding areas
  • Copies of medical records and police reports
  • Phone records

Your attorney may choose to obtain other pieces of evidence depending upon your unique situation. After they have gathered the necessary evidence, they can begin to build your case. They will look at the situation from all angles and determine the most effective way to show that negligence has occurred. Though your attorney will be responsible for developing the case and ensuring that it is airtight, your testimony and experience are crucial to the process. It is imperative that you be honest with your attorney at all times to ensure that your case is effective and free of surprises.

How To Handle a Bike Accident

If you are in a bicycle accident, whether you are a bicycle rider or a car driver, it is important to understand the proper steps to take. Being prepared can help you behave properly and make decisions that preserve your argument in court.

If you are in a bicycle collision in any capacity, you should:

  • Assess yourself for injuries. If you are in a lot of pain, unable to move parts of your body, or about to lose consciousness, remain where you are and wait for medical help.
  • If you can safely move, assess any other passengers or victims, and ensure that they are okay.
  • Call the police.
  • Take photos and videos of your injuries, the injuries of others, damage, and the surrounding area. It is always best to take too many photos rather than lose key evidence.
  • Exchange information with the driver or rider, including their license information, address, contact information, and insurance.
  • Note the names and contact information of any witnesses and ask if they will give a statement if necessary.
  • Call your attorney.

Your attorney may give you further instructions as well. It is important to remain as calm as possible and not make any admissions of fault. Apologizing or explaining yourself could be used against you in court. Say as little as possible and direct questions to your attorney rather than answer them yourself.

What Happens If You Accidentally Hit a Cyclist?

As a driver, hitting a cyclist is a horrifying event. Even if the collision was a complete accident or outside of your control, it is easy to feel guilty and responsible. However, it is important that you remain calm and refrain from saying anything more than you have to. Always stay at the accident scene and ensure that any injured parties get medical care. Give a statement to the police by sticking to the facts and refraining from embellishment.

In many cases, bicycle accidents are the fault of a car driver. However, this is not always the case. Bicyclists can break laws too, and their actions can easily cause an accident. Because cars are much larger than bicycles, it can be difficult to properly react to a bicycle’s actions, especially if they make sudden or illegal maneuvers. To preserve your innocence, follow the steps listed in the section above, and be sure to call an attorney right away.

Can a Driver Sue a Cyclist?

Whether you are a cyclist or a driver, it is important to understand that a driver has the right to sue a cyclist if they are behaving negligently, just as a cyclist can sue a driver if the driver is being negligent. Cyclists must follow the law as well, and if they fail to do so, they can be held responsible for a collision if it occurs. Because the damage is usually worse for the cyclist, car drivers often have no reason to sue under personal injury law. However, this does not mean that it does not happen. If a cyclist causes a driver significant injuries, damage, or psychological distress, the latter may have grounds to sue.

Possible Injuries in a Bicycle Accident Case

Bicycle accidents vary depending upon the circumstances. No two collisions are the same. However, due to the nature of bicycles, there are some injuries that are common after bicycle accidents. Knowing about these injuries can help you watch for symptoms and seek immediate medical attention if you are injured.

Common bicycle accident injuries include:

  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries, including paralysis
  • Broken bones
  • Road rash
  • Lacerations
  • Dental injuries
  • Wrongful death
  • PTSD

There are many other injuries that bicyclists can sustain after an accident. If you get into a bicycle accident, it is important to seek medical care right away. This helps to make sure that you catch any injuries before they progress or your health deteriorates. Your medical visit and subsequent records can also act as evidence if you choose to file a personal injury claim against the driver. It is always beneficial to seek medical care after an accident.

Bicycle Accident Settlements

The amount of your bicycle accident settlement will depend upon the nature and severity of the damage in your case. Therefore, it is difficult to say how much you will receive if you win. However, there are certain factors that most bicycle accident settlements will account for. These include:

  • The cost of medical bills associated with the accident.
  • Vocational retraining if you are unable to perform your job duties after the accident.
  • Compensation for lost income that occurred due to the healing process.
  • Pain and suffering compensation, in some cases.
  • Punitive damages if the perpetrator’s actions were particularly egregious.

Your attorney will be able to give you a better idea of what to expect from your bicycle accident settlement once you begin to work with them. By looking at the individual factors of your case, bicycle accident attorneys are often able to give a general estimate of what your settlement may be.

Wrongful Death Accidents

Unfortunately, due to the nature of bicycles and automobiles, bicyclists do not always survive their collisions and pass away. These cases are devastating and shocking for all involved. However, the family does have options. Filing a wrongful death case cannot undo the pain and suffering that has occurred, but it can help to provide financial support during a time of grief.

Wrongful death cases allow a family to seek compensation from the individual who was responsible for their loved one’s death. This settlement helps to cover funeral and burial expenses for the family. It can also help to compensate for lost income due to a loved one’s death. This income is often essential for families when a sudden death throws their financial situation into a place of insecurity.

The Cost of a Bicycle Accident Attorney

Many people wish to know how much a bicycle accident attorney will cost. Though this is an understandable question, it is fairly difficult to answer. Every attorney charges differently, and the cost will likely depend upon the complexity of your case and the amount of money that you are seeking.

Generally, most personal injury lawyers in South Carolina take approximately 30–40% of the settlement. However, some attorneys take less or more than this, depending upon their experience. Many attorneys charge a flat hourly rate.

When interviewing potential attorneys, it is important to discuss finances with them in a clear and honest way. Attorneys are accustomed to these questions, and it is important that you are financially prepared to pay for your representation. If, during the duration of your case, you find that you can no longer afford your attorney, your entire case could be lost.

It is worth noting that forgoing a lawyer will likely lose you more money than what an attorney would take. If you represent yourself, you will be unlikely to win your case and will have to pay all your bills and support your family on your own. If you do win your case on your own, the settlement will almost certainly be a fraction of what an attorney would have negotiated for you. Hiring a lawyer is worth it, especially if you do your research and find representation within your budget.

Got Axelrod?

For many years, our team at Axelrod & Associates has been representing victims of bicycle accidents. We understand these cases and the significant impact that they can have on individuals and their families. When you work with us, we will work tirelessly on your case to ensure your family is fairly represented in court. The potential financial award will ensure that you have the resources to recover physically from this accident as well.

For more information about our services, fees, or how we can support you, contact Axelrod & Associates online today.

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4701 Oleander Drive, Suite A
Myrtle Beach, SC 29577

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Rock Hill, SC 29732

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Little River, SC 29566

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