(843) 361-7549
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A Myrtle Beach bicycle accident lawyer at the Maguire Law Firm is able to analyze the cause of your injury from your accident, collect evidence about which party caused the injury, and work with your insurance company on your behalf while you are recovering. The damages that you might receive if someone’s negligence caused your injuries include, but are not limited to, all medical expenses associated with treating your injuries (past, present, and future), lost wages, personal pain and suffering, and damage to your bicycle, as well as other costs related to the injury.
We assist bicyclists who have been injured in accidents by providing them with information regarding available avenues of recovery against the parties responsible. This assistance also includes gathering accident report data, witness statements and other documentation which illustrates the effects of your injuries upon your daily life. We will seek reimbursement for all of your past losses as well as provide support for potential long-term health care needs. If a reasonable settlement cannot be negotiated, we are capable of representing you in litigation.
Key Points
- Bicycle accidents in Myrtle Beach are most frequently attributed to motorist negligence, or violation of traffic laws, along with hazardous road conditions, which result in serious injuries that are extremely costly in terms of medical costs.
- A bicycle accident attorney helps bike accident victims pursue financial recovery through thorough investigation into the circumstances of the bicycle accident, proving the defendant was negligent, and negotiating on behalf of the victim with insurance companies.
- After being injured in a bike accident, it’s important to seek the proper medical care and that you report the collision as required by South Carolina Law. It’s also beneficial to preserve all photographs of damage, names and contact information for any witnesses, along with any other relevant evidence that may aid in your later claim.
Understanding Bicycle Accidents in Myrtle Beach
Driver carelessness, violations of the law, and hazardous roadways are a few of the many reasons bicyclists experience bike accidents while riding on Myrtle Beach roadways. Cyclists will be exposed to increased hazards, such as distracted driving from cell phones or other forms of distraction. Drivers violating laws by running red lights or changing lanes illegally can cause serious injury to bicyclists that may require accident victims to seek assistance for their personal injury claims.
Frequent Factors That Cause Bike Accidents
Distracted driving, which is usually caused by the use of cellphones or some form of distraction, is a major factor causing bicycle accidents within Myrtle Beach. However, traffic congestion also increases the likelihood of drivers failing to obey red light signals or stop signs and subsequently colliding with bicycles. The dangerous nature of illegal lane changes and DUI’s (Driving Under Influence), increase danger for bicyclists experiencing bike accidents.
Types of Bicycling Crash Injury
Bicycle accident-related injuries may be mild or serious, and frequently require lengthy, and expensive medical care and rehabilitation. Fractures, head injury, and spinal cord injuries are all common types of bicycle-related crash injuries that can result in long-term physical damage to an individual’s health and quality of life. Traumatic brain injury is another type of injury cyclists face when involved in a crash.
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What a Myrtle Beach Bicycle Accident Lawyer Does
A bicycle accident lawyer provides representation that assists an individual in pursuing compensation as well as protecting their legal rights. A Myrtle Beach bicycle accident lawyer is involved throughout all stages of the process; from the first time you meet with them to the trial they will assist in handling different aspects of your case and work to make the person or persons who are legally responsible for the harm you have suffered accountable for those actions. A Myrtle Beach bicycle accident attorney works hard to obtain a successful outcome for their injured clients and collaborates with experts to assess how the injury has impacted their client’s quality of life.
Investigate Your Accident
One of the first things an experienced attorney will do in a bicycle accident case is investigate the accident. The investigation includes collecting all available data, locating the liable party or parties, and establishing the reason behind the accident. The most common initial actions taken by an investigator typically involve:
- Conducting interviews of clients and/or witness statements that provide insight into what occurred at the time of the collision and establishing a timeline as well as identifying areas of dispute.
- Acquiring all documents related to the incident. This can include the official police report, 911 call records, body camera footage, etc.
- Retrieving photo/video evidence like images or video captured using cell phones or dash cam/traffic cam/surveillance cameras (to determine if there were any visual obstructions).
- Visually inspecting the area where the incident occurred for signs of impact (skid marks), road design, sight distance issues, lack of adequate signage, damage/debris left behind, presence of active/ongoing road construction, etc.
- In cases involving motor vehicles, preserving the vehicles involved for inspection prior to being repaired.
- When necessary requesting information regarding “black box” type electronic data from vehicles including but not limited to: commercial trucks (event data recorder) Commercial vehicle Electronic Control Module (ECM) Data; GPS tracking records; Electronic Logging Device (ELD) Records; Telematic Data.
- If it involves commercial vehicles obtaining documentation related to drivers’ training, truck maintenance, inspections, hiring, hours of service, dispatch records and the companies they represent.
- Reviewing medical records to verify the injuries sustained during the collision and tying those injuries back to the collision.
- Reviewing insurance policies to identify potential sources of liability, underinsured/uninsured motorists coverage, umbrella coverage, employers coverage, etc.
- As needed working with expert accident reconstruction engineering witnesses.
Your attorneys’ goal of the investigation is to provide strong evidence of the fault of the negligent motorist and support the injured person’s claims for damages by building a timeline of what occurred prior to the impact.
Establish Negligence and Responsibility
Under South Carolina Law, a plaintiff typically must demonstrate in an ordinary negligence lawsuit against the driver of the vehicle involved in a bicycle accident, three elements to be successful. These include:
(1) that the defendant had a duty of care to protect the bicyclist from harm,
(2) that he/she failed to meet this duty of care as a result of their actions, and
(3) that the breach was the direct cause of the legally-recoverable damages incurred by the bicyclist.
Establishing the negligence of the other driver is accomplished through many means including (but not limited to) obtaining written witness statements and/or police accident reports documenting the details of the collision and building a case showing how the negligent actions of the defendant led to the bicycle accident.
Negotiations with Insurance Companies
Dealing with an insurance company after a bicycle accident can be very stressful and time-consuming for many bike crash victims. However, as professionals dealing with negotiations of the type involving injury claims from accidents; experienced bicycle attorneys have learned how to manage this process. The attorney will represent you in your dealings with the insurance company so that you may receive fair compensation for all the costs associated with your medical treatment, loss of wages due to being unable to work and other expenses related to your accident.
Benefits of Hiring a Myrtle Beach Bicycle Accident Attorney
There are many advantages of hiring an attorney who has experience handling bicycle accidents in Myrtle Beach. For example, attorneys that have experience in bike accidents can assist clients with managing medical expenses they have incurred. Bike accident attorneys also know how to obtain compensation from employers and/or insurance companies when a client has suffered loss of wages v(lost income) or even pain and suffering due to injuries sustained during a bike accident.
With years of combined experience, these experienced attorneys will utilize their extensive experience and knowledge to assist clients through the complex process of pursuing the compensation that injured victims may be entitled to. Settlement negotiations and litigation support by this type of attorney is intended to hold those individuals, organizations, etc., responsible for causing harm to others, accountable for their conduct.
Support Handling Your Medical Costs and Expenses
Another benefit of hiring a bicycle accident attorney is his or her ability to navigate through the complexities of medical billing and insurance claims. In many cases, they will ensure that all medical expenses (i.e., emergency treatment, long term treatment) are included in the plaintiff’s damages claim. This could help alleviate some of the financial burdens faced by victims as they focus on recovering from their injuries.
Pursuing Fair Compensation for Your Lost Wages
A bicycle accident attorney will also seek fair compensation for lost income resulting from an individual being unable to perform work duties after the accident. The attorney will evaluate the total documented lost income as well as any supportable loss of future earnings (because of the injury), so the victim may receive compensation for their economic losses.
Help You Understand Possible Claims for Damages for Pain and Suffering
Damages for pain and suffering cover the victim’s physical harm and emotional trauma from an accident. Attorneys will assist clients in documenting and quantifying these types of losses so they may be included in the client’s claim for damages. Losses for injuries may include loss of enjoyment of life; acknowledging how accidents have negatively impacted victims’ participation in day-to-day activities (such as work) and hobbies. Victims may find that the accident has greatly reduced their capacity to participate in normal, routine and leisure time activities.
Accurate documentation of all costs associated with the accident and experiences resulting from it are critical when making a complete claim.
Hurt in an Accident? Hire Maguire
Give us a call for a FREE & CONFIDENTIAL Case Review*What To Do If You Are Injured in a Bicycle Accident
The steps you follow immediately after being injured in a bicycle accident are extremely important to your potential case. You should:
- Go see a doctor
- Report the incident to the police
- Collect evidence from where the accident occurred
- Hire an experienced bike accident attorney
Following these four steps will help to maintain and document all of the evidence needed to prove your claim for damages.
Go See A Doctor
Going to see a doctor right away is critical in order to document your injuries. The sooner you go to the doctor, the sooner you can begin treatment for your injuries. And even if you don’t think that you were hurt badly enough to need medical treatment, I would still recommend going to get a full physical exam. Research shows that shock and trauma from the accident itself can mask your ability to feel injuries until after the fact and your full recovery is the most important thing.
When you do go to see a doctor, make sure they write down everything that they find wrong with you. Your doctor’s notes will be very helpful in documenting the injuries you’ve sustained and supporting your claim for damages.
Report to The Police About What Happened
When you tell the police about what happened, you want to give them a full description of how the accident occurred. The police will then send someone out to investigate the crash. They may talk to witnesses, measure the distance of where you came to rest and so on. If the police come to your home, ask them for their badge number. You should also get a copy of the police report.
Collect Evidence From Where The Accident Occurred
If you have time (i.e., before the other party leaves) and are physically able, take pictures of all of the damage and anything else that might relate to the accident. Also try to get the names and addresses of anyone who saw the accident happen. The police will usually speak with any witnesses who may have seen what happened. As for collecting physical evidence, look around and see if there is anything left behind by either vehicle. For example, some part of a car may have broken off and landed somewhere else. Try to find those pieces.
Contact an Experienced Bicycle Accident Lawyer
Having experienced representation, which comes once you hire Maguire Law Firm, after a severe accident can help you understand your legal rights, preserve critical evidence, and navigate the insurance negotiation and litigation process. Your attorney will provide you with appropriate legal representation and guide you through the entire process. With a strong legal advocate on your side you can focus on your recovery as your lawyer does all the work needed on your case.
Time can erode evidence, leave witnesses confused as to what happened and make it more difficult for your attorney to build a strong case. Once you’re done
Before making any official statements with the other party’s insurance company, we’d highly recommend consulting an attorney who has experience handling bicycle accidents. Simple and innocent statements can potentially damage your case in ways that you can’t understand at the time.
Compensation Types in Bike Accident Cases
Potential compensation for accidents while riding a bike could include:
- Cost of medical treatment for injury
- Cost to repair/rebuild/replace damaged property (bike and equipment)
- Punitive damages against the person(s) who caused you harm
- Compensation if someone died because of injuries sustained in the bike accident
In addition to being able to show what happened, your bike accident attorney will work with you to file a strong claim for financial restitution for both money you lost due to the bike crash, and the cost of continuing medical care.
Cover Your Medical Treatments
Accident-related expenses such as, emergency room care, hospital stays, physical therapy, rehabilitation and continued medical care may be reimbursed through potential settlement awards. It is imperative to document every piece of medical care received after an accident so there is evidence to support any claims made for reimbursement of these services. Accident-related medical costs should be documented along with other expenses to assist in supporting your claim for those costs. In addition, because most future medical costs are difficult to quantify as to what is reasonable, documentation of past injuries/medical treatments could also assist in establishing the need for such future care.
Damaged Property
If property was damaged during the bike accident, it is generally possible to secure financial compensation to help pay for repairs or replacement of damaged items. Compensation should provide for restoration of property or substitution of items damaged during the accident. Restoring property will assist the injured rider to regain normalcy and allow them to return to daily routines.
Documentation of damaged property and ensuring all items are included in the documentation, will help to build on any compensation award that the victim receives.
Punitive Damage Awards
Damages punitive in nature may be recovered by a Plaintiff when the Plaintiff has shown with “clear and convincing” evidence that the injury was caused by an intentional act (willful), an act with extreme indifference to the consequences of one’s actions (wanton) or an act committed with conscious disregard of others rights (reckless).
Punitive Damages are used as a means to punish and/or deter an individual from committing similar acts in the future. However, punitive damages typically have statutory caps; although there are some exceptions to this rule.
Hurt in an Accident? Hire Maguire
Give us a call for a FREE & CONFIDENTIAL Case Review*Understanding Wrongful Death Claims Bicycle Accident Cases
When bringing a wrongful death claim resulting from an injury sustained by a bicyclist in a car accident, it will be necessary to demonstrate that the motorist or another individual responsible for the accident acted negligently. Establishing whether the defendant had a duty to act reasonably and failed to do so in order to establish liability in the bike-car collision can require expert testimony to show how the defendant was negligent and what damages were incurred as a result of the bicyclist’s death.
A Wrongful Death action in South Carolina is initiated by a personal representative on behalf of the statutorily designated beneficiaries and can include damages for losses which qualify, such as economic loss, emotional distress/mental suffering/grief and loss of companionship.
The assistance of a skilled attorney representing bicyclists who have been injured in accidents caused by automobile operators, can help a victim’s family navigate the process associated with filing a wrongful death claim, and seek both the justice and compensation that they are entitled to receive.
* Free Consultations & Contingent Fee Representation
If you’re interested in learning about all of your potential legal remedies after being involved in a bicycle-automobile collision then give us a call because Maguire Injury Lawyers offers an initial consultation at no charge.
A consultation provides the opportunity for individuals to meet with an attorney representing bicyclists injured in auto-bicycle collisions to review all aspects of their case(s) and obtain an assessment of their potential legal entitlement(s).
In addition, virtually every attorney representing bicyclists injured in auto-bicycle collisions represent clients based on contingency fee arrangements. A contingency-fee agreement is an agreement that outlines how much money will be charged to you based upon the terms set forth in your contract. The written agreement (contract) must outline both what your liability will be for the cost of litigation as well as the costs associated with preparing your claim.
This type of arrangement enables victims of vehicle crashes to hire quality counsel to assist them in pursuing justifiable compensation without having to pay up-front fees.
Frequently Asked Questions
What steps should I take right away after being in a bicycle accident?
Your health and safety should be your top priority after a bicycle accident. If you can move to a safe location and call 911 as soon as possible for injuries. In addition to those duties placed upon the driver of each vehicle, South Carolina also has statutory requirements regarding injury or fatality crash reports. The investigating officer(s) at the scene are also responsible for submitting their findings as a required crash report.
You should seek medical attention as soon as possible even though you think your injuries are minor because some injuries might not be immediately apparent after an accident.
As long as it is safe to do so, you should document as much as you can about the accident. Documenting can include taking photos or videos of all vehicles involved, your bike, roadways, traffic signs/signals, skid marks, debris, and/or any visible injuries. Also, collect contact information (driver’s name and contact info., license plate #, & insurance info.) and get witness names and contact numbers.
Do not argue at the scene about who caused the collision or assume fault of either party. In South Carolina, comparative fault applies. A party claiming damages can collect if their fault is no greater than fifty percent, but if they are found to be more than fifty percent at fault for an injury, they will be precluded from recovering damages.
Preserve all damaged items. Don’t repair them or dispose of them. This may provide valuable evidence for future use. Preserve medical records, bills, photos, videos and receipts and be sure to document all work time missed.
Consider contacting a South Carolina personal injury lawyer before making any important decisions regarding your claim for injuries and before providing a recorded statement to another party’s insurance company.
What types of injuries are common in bicycle accidents?
Cycling accidents may result in a variety of injuries – ranging from relatively mild abrasions (road rash), to very severe or even life-altering injuries. While there is no formula for predicting which type of injury will result, it is largely dependent upon how fast each vehicle was traveling at the time of the collision; where the two vehicles collided with one another; if the bicyclist was ejected from their bicycle; and if the bicyclist was wearing a helmet during the incident.
Road rash, lacerations, sprains, fractures, shoulder/ collar bone injuries, knee /leg injuries, hand/wrist injuries (from attempting to break a fall) are all common types of injuries resulting from cycling accidents. Additionally, head/facial injuries can result, such as concussions and traumatic brain injuries. In addition to these less severe types of injuries, cyclists who collide with motor vehicles in high-speed crashes can experience much more serious types of injuries. These more serious injuries can include, but are not limited to: Spinal Cord Injuries; Internal Organ Damage; Pelvic Fractures; etc.
While some bike-related injuries are apparent immediately after the collision occurs; many times other injuries do not produce noticeable symptoms until several hours or even days later. Therefore, receiving immediate medical treatment after a cycling accident is essential for your own well-being and also allows you to document evidence of any type of injury you sustained as a direct result of the collision.
A South Carolina Personal Injury Attorney may assess the nature of your bicycle accident and identify any potential avenues for recovering damages against any negligent parties responsible for causing your harm.
What are the common causes of bicycle accidents in Myrtle Beach?
Myrtle Beach bicycle crashes can occur due to a variety of causes. However, they most frequently result from incidents in which the driver of a vehicle fails to either observe a bicycle or make adequate provisions for its presence on the roadway.
Some common contributing factors may consist of:
- Distracted or inattentive driving,
• Speeding or driving faster than road conditions permit,
• Failure to yield,
• Unsafe turn at intersections,
• Opening the door of a vehicle into the path of a bicycle,
• Passing a bicycle while insufficiently separating it from the bicycle.
Additionally, drivers who enter or cross over bicycle lanes present significant hazards to cyclists.
The State of South Carolina provides general legal precedent stating that bicyclists utilizing public roadways have the same rights and duties as other motorists. In addition, under state statute, drivers are responsible for maintaining a safe separation from bicycles, and upon entering or crossing designated bicycle lanes, must give way to bicyclists operating within those designated lanes.
However, not all bicycle collisions are the fault of automobile operators. Contributing factors such as road conditions, visibility limitations, mechanical failure of the bicycle, or poor decisions made by the bicycle operator may also cause a crash. The State of South Carolina has adopted the “Modified Comparative Negligence” law. As stated under this law, an injured person will have their award (for damages) decreased based on how much they were at-fault in causing their own injury. The injured party typically cannot receive compensation if their percentage of responsibility is greater than 50%.
Following a serious bicycle accident, an attorney can thoroughly investigate the factual background surrounding the incident, including reviewing and evaluating available video and physical evidence, interviewing witnesses and determining if another party (including one or more automobile operators) was negligent.
How can a bicycle accident lawyer help me?
Your attorney can provide guidance regarding your rights, investigate the cause of the bicycle accident, and assist in the potential insurance claims and lawsuits which may occur due to the bike accident.
Based upon the specifics of the case, an attorney may collect all relevant documents; i.e., Police Report(s), Photographs, Video Footage, Witness Statements, Medical Records, Vehicle Information, etc. An attorney may use this documentation to prove liability and determine who was at fault for the injury. The attorney can also review available insurance policies, contact the respective insurer(s) on your behalf, and negotiate with them in regard to a possible settlement.
Additionally, if there are disputes as to liability, an attorney can assess and compare issues such as (but not limited to): Right-Of-Way, Driver Conduct, Roadway Conditions, and/or the extent to which each party’s actions caused the bicycle accident. As South Carolina utilizes a modified comparative negligence standard of liability, some factors may reduce (or completely eliminate) entitlement to damages.
An attorney representing a client injured in a bicycle accident can also identify damages suffered by the client including but not limited to:
- Medical bills incurred as a result of treatment received
- Lost wages from work missed while recovering
- Damage to your personal property
- And any other type of loss/damage which may be considered as part of a claim for damages under the laws of South Carolina.
In cases where it appears that a reasonable settlement cannot be negotiated through an insurance claim or settlement negotiation(s); an attorney may advise their client regarding whether pursuing litigation would be beneficial and represent their client throughout the entire litigation process.
Due to the fact that every bicycle accident is unique, the potential avenues of recovery will be based upon the specific facts surrounding the incident.
What is a contingency fee? How does it work?
In addition to providing financial support during legal proceedings, attorneys may also offer their services under a contingency fee arrangement. Under a contingency-fee arrangement, an attorney’s fee is typically dependent upon a successful recovery or another contingency as stated in the parties’ written agreement. A separate explanation of the client’s responsibilities to cover case expenses (i.e., costs) will also be included in that written agreement.
This is why you see advertisements saying things like “No Fee if We Don’t Win!”
Important things to know about your fee agreement:
- The written agreement will include the specific fee percentage to be paid to the firm.
- It will identify litigation-related and other expense types that may come into play.
- Then it will specify if these expenses are deducted from the gross recovery amount prior to calculating the contingent fee or after.
Contingency fee agreements must comply with South Carolina’s Rules of Professional Conduct. Pursuant to Rule 1.5(c), contingency fee agreements must be entered into in writing and signed by the client prior to the commencement of the representation.
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