Bicycling is a popular way to enjoy the beautiful scenery and pleasant weather in Aiken, whether you're a local commuting to work or a visitor exploring the area's many attractions.
Unfortunately, sharing the road with motor vehicles can also lead to serious accidents and injuries when drivers fail to respect cyclists' rights and safety.
Suppose you or a loved one has suffered an injury in a bicycle accident caused by someone else's negligence. In that case, the dedicated attorneys at Morris Law Accident Injury Lawyers are here to fight for the compensation you deserve.
Seek a free consultation with our Aiken bicycle accident attorneys today, and we can advise you of your best legal options.
Why Choose Our Aiken Bicycle Accident Lawyers?
After a serious bicycle accident, you need a law firm with the knowledge, experience, and dedication to stand up for your rights and pursue the best possible outcome for your case.
Morris Law Accident Injury Lawyers has successfully represented injured cyclists in Myrtle Beach and South Carolina since 2016. We deeply understand the unique challenges and legal issues involved in bicycle accident claims and have a track record of securing significant settlements and verdicts for our clients.
At our firm, we believe that every client deserves personalized attention, compassionate support, and tireless advocacy. We intentionally limit our caseload so that we can devote the necessary time and resources to each claim we take on.
You'll work closely with one of our skilled Aiken bicycle accident attorneys, who will take the time to listen to your story, thoroughly investigate the circumstances of your crash, and develop a tailored legal strategy to maximize your recovery.
We also have offices in Murrells Inlet, Columbia, and Myrtle Beach to serve injured clients nationwide better.
If your injuries make it difficult for you to come to us, we'll arrange a virtual consultation or visit you at your home, hospital room, or another convenient location.
Where Do Bicycle Accidents Occur in Aiken?
Sure, here's a similar passage about Aiken, SC:
With its charming downtown streets, beautiful parks, and extensive network of equestrian trails, Aiken is a popular destination for cyclists and horse enthusiasts alike. However, the city's growing popularity and increasing traffic can also create hazardous conditions for those traveling on two wheels or four hooves.
Some common locations for bicycle and equestrian accidents in the Aiken area include:
- Downtown Aiken, particularly along Laurens Street and Park Avenue, where heavy pedestrian and vehicular traffic can lead to collisions
- Hitchcock Woods, a 2,100-acre urban forest with over 70 miles of trails popular among cyclists and equestrians, where trails can be narrow and visibility limited
- Whiskey Road (SC-19), is a busy thoroughfare with many intersections and driveways that can be dangerous for cyclists
- The area around Aiken Training Track and Aiken Horse Park, where equestrian traffic mixes with vehicular traffic on nearby roads
- Powderhouse Road and Banks Mill Road, scenic routes popular with cyclists that also see significant traffic from nearby residential developments
Understanding Bicycle Accident Claims
Bicycle accident claims fall under the broader category of personal injury law, which seeks to hold negligent parties responsible for the harm they cause to others.
To succeed in a bicycle accident claim, you typically need to prove that:
The Duty of Care in Bicycle Accident Cases
In any personal injury case involving bicycle accidents, the first step is establishing that the defendant owed the plaintiff a duty of care. This means that the defendant had a legal obligation to act in a way that will not put others at an unreasonable risk of harm.
In the context of bicycle accidents, motorists owe cyclists a duty of care to drive safely and follow all applicable traffic laws.
This includes:
- Yielding the right-of-way to cyclists when required
- Maintaining a safe distance when passing cyclists
- Checking for cyclists before opening car doors or turning
- Refraining from driving while distracted or impaired
Drivers must exercise the same level of care and caution around cyclists that a reasonable person might do under similar circumstances. This duty of care stems from the premise that all road users have a responsibility to avoid causing harm to others.
Breaching the Duty of Care in Bicycle Accident Cases
Once establishing that the defendant owed the cyclist a duty of care, the next step is to prove that the defendant breached that duty through negligent or reckless behavior.
In other words, the defendant failed to act with the level of care that a reasonable person may have exercised in a similar situation.
Some common examples of negligent or reckless behavior that can lead to bicycle accidents include:
- Speeding or driving too fast for conditions
- Failing to yield the right-of-way to cyclists at intersections or when turning
- Passing cyclists too closely or without sufficient space
- Driving while distracted by cell phones, GPS devices, or other activities
- Driving under the influence of alcohol or drugs
- Opening car doors into the path of oncoming cyclists
- Failing to check for cyclists before making turns or changing lanes
To prove that the defendant breached their duty of care, one may use evidence such as eyewitness testimony, police reports, traffic camera footage, and accident reconstruction analysis to demonstrate that the driver's actions fell short of the reasonable standard of care.
Causation in Bicycle Accident Cases
The next element in a bicycle accident claim is causation after establishing that the defendant owed a duty of care and breached that duty. This means showing that the defendant's negligent or reckless conduct was the direct and proximate cause of the cyclist's accident and resulting injuries.
In some cases, causation may be relatively straightforward, such as when a driver runs a red light and strikes a cyclist lawfully proceeding through the intersection. However, in other situations, causation can be more complex, particularly if multiple parties are involved or the cyclist's actions may have contributed to the accident.
To prove causation, we may use:
- Police accident reports
- Eyewitness statements
- Video footage from traffic cameras or dashcams
- Physical evidence from the accident scene, such as skid marks or vehicle damage
- Professional testimony from accident reconstruction specialists or medical professionals
The goal is to demonstrate that, but for the defendant's negligent conduct, the bicycle accident and the plaintiff's injuries will not have occurred. In other words, the defendant's actions must have been a substantial factor in bringing about the harm suffered by the cyclist.
Proving liability for bicycle accidents is not always as simple or straightforward as you might imagine. Our Myrtle Beach bicycle accident attorneys from Morris Law Accident Injury Lawyers can gather evidence to build the strongest case possible.
Damages in Bicycle Accident Cases
The final element in a bicycle accident claim is damages, which refers to the losses and harm suffered by the cyclist due to the accident.
In a personal injury case, the plaintiff must prove that they sustained actual damages that they can calculate in monetary terms to recover compensation.
Some of the most common types of damages awarded in bicycle accident cases include:
- Medical Expenses: This includes all costs related to the medical treatment of injuries sustained in the accident, such as emergency room bills, hospital stays, surgeries, medication, physical therapy, and any anticipated future medical needs.
- Lost Income: If you miss work due to injuries or medical treatment, you may be entitled to compensation for your lost income. This can also include future lost earning capacity if the injuries impact the cyclist's ability to work long-term.
- Pain and Suffering: This damage compensates you for the physical pain, discomfort, and emotional distress caused by the accident and your injuries. When determining pain and suffering damages, we consider factors such as the severity and duration of the pain, the extent of the injuries, and the impact on your quality of life.
- Property Damage: Cyclists may also be entitled to compensation for repairing or replacing their damaged bicycle, helmet, clothing, or other personal property.
In some cases, punitive damages may also be available if the defendant's actions were particularly egregious or showed a reckless disregard for the safety of others.
Evidence such as medical bills, pay stubs, professional testimony, and personal narratives about the injuries' impact can help prove damages. The goal is to fully account for how the bicycle accident has negatively affected your life and to ensure you receive fair compensation for your losses.
Our team from Morris Law Accident Injury Lawyers fights for full compensation in every Myrtle Beach bike accident case.
Fighting the Insurance Company
After a serious bicycle accident, dealing with insurance companies can feel like an uphill battle.
While you're trying to focus on your recovery, insurers are often more interested in protecting their bottom line than ensuring you receive the compensation you deserve. They may use tactics to limit or deny your claim, leaving you frustrated and overwhelmed.
One common strategy is to argue that your injuries are less severe than you claim or that your recovery will be quicker and easier than your doctors anticipate. The adjuster may try to downplay the extent of your pain, impairment, or financial losses to justify a lower settlement offer. This can be incredibly discouraging when you're facing mounting medical bills, lost income, and a long road to recovery.
Insurance companies may also attempt to shift blame for the accident onto you, arguing that you were partially or fully at fault for the collision. In South Carolina, you may not recover compensation if you're 50 percent or more responsible for an accident. Insurers may exploit this rule, claiming you were riding unsafely, violating traffic laws, or otherwise contributing to the crash.
Perhaps the most frustrating tactic is the lowball settlement offer. Insurance adjusters know that bicycle accident victims are often in a vulnerable position, facing significant financial strain and unsure of their long-term prognosis.
They may pressure you to accept a quick, inadequate settlement before you fully understand the extent of your injuries and future needs. But as tempting as it may be to take that money and move on, doing so can leave you without the resources you need to fully recover and rebuild your life.
Having a skilled bicycle accident attorney can make all the difference. At Morris Law Accident Injury Lawyers, our Aiken bicycle accident attorneys have seen all the tactics insurance companies use to avoid paying fair compensation, and we don't stand for it.
We'll handle all the negotiations and communication with the insurer so you can focus on your health and well-being.
Our experienced legal team will thoroughly investigate your accident, gather evidence to support your claim, and work with trusted professionals to assess the full scope of your damages. We'll use this information to build a strong case and fight aggressively for a settlement that fully meets your needs.
While most bicycle accident claims can undergo negotiation, our attorneys possess significant trial experience.
We are always ready to take your case to court if the insurance company refuses to make a fair offer. We'll present a compelling case to the judge and jury, highlighting the severity of your injuries and their impact on your life.
With our fierce advocacy, you can feel confident that your rights and interests are protected every step of the way.
Throughout the legal process, our team will keep you fully informed and involved in all major decisions regarding your case. We understand this is an overwhelming and stressful time, and we're here to provide the guidance, support, and peace of mind you need.
You can count on us to be your dedicated allies and pursue every avenue to secure the maximum compensation possible.
Contact Our Aiken Bicycle Accident Lawyers
If you've suffered injuries in a bicycle accident in Aiken, the compassionate team at Morris Law Accident Injury Lawyers is here to help. We'll handle every aspect of your claim, from investigating the accident to negotiating with the insurance company to fighting for you in court if necessary.
Our Aiken bicycle accident attorneys work on a contingency fee basis, meaning you won't pay any upfront costs or legal fees unless we secure compensation.
Contact us today at (803) 470-4444 for your free consultation and learn how we can support you in seeking justice and holding the at-fault parties accountable. We're ready to be your fierce advocates no matter where you are in South Carolina.
