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Bicycle accidents are an unfortunately common occurrence, with roughly 45,000 reported in 2015 alone. With cars and trucks sharing the road with bicyclists, there is always the potential for a severe or even fatal accident to happen.
If you were injured in a bicycle accident, you might benefit from the guidance and support of a local personal injury attorney. Pursuing an insurance claim or legal recovery could be complicated to deal with on your own. A York County bicycle accident lawyer could review your case and help you seek the compensation you need.
Relevant Rules and Bicycle Regulations in York County
One of the leading causes of bicycle accidents are automobile collisions. Cyclists and drivers oftentimes share the same roadways, and bike riders are unprotected compared to drivers. South Carolina is a fault state when it comes to auto insurance, meaning claimants can file an insurance claim with their own company, as well as the at-fault driver’s.
As a preventative measure against bicycle crashes in York County, the state has passed regulations on drivers and bicyclists to help keep the roads safe. South Carolina Code §56-5-3420 states that the laws regulating drivers also apply to bicyclists. §56-5-3445 makes it a misdemeanor to harass or maliciously throw an object in the direction of or at a bike rider.
What if the Cyclist was Partially At-Fault?
Negligence is the cause of action for many bicycle collision claims in York County. To prove negligence, a plaintiff must show that the defendant owed them a duty of care, they breached that duty, and the breach caused the plaintiff’s injuries.
All drivers and bicyclists have a duty to operate their vehicles with reasonable care. For example, if a defendant was speeding or broke another traffic law, they may be considered negligent if their actions led directly to the victim’s injuries. A York County bicycle crash attorney could gather evidence to demonstrate that the defendant negligently caused the plaintiff’s injuries.
Seeking Recovery for Bicycle Accidents in York County
Injured parties may seek damages that compensate them for both monetary and nonmonetary losses suffered from their injuries. Medical expenses, out-of-pocket expenses, and lost earnings may be sought in court. These monetary damages are referred to as economic damages and may be shown through documentation.
Bicycle accident plaintiffs in York County may also be compensated for noneconomic losses, such as emotional distress and pain and suffering. These damages are less straightforward and require the court to determine their value based on the severity of the injury, similar cases, and other factors.
Contact a York County Bicycle Accident Attorney Today
Bicyclists and drivers alike should obey the rules of the road. When someone negligently causes your injuries in a bicycle collision, they should be held accountable for their actions. Unfortunately, it could be challenging to stay on top of all of the deadlines and procedures that come with seeking legal recovery.
A York County bicycle accident lawyer could help provide insight and direction into your case. They could fight for your rights so you can relax and focus on healing. Call Schiller & Hamilton to learn more about your options.