Under South Carolina law, motor vehicle operators are obligated to share the road with bicycle riders. Unfortunately, cyclists rarely receive the same caution on public roadways that vehicles are. In some cases, careless or inattentive drivers collide with a cyclist. When that happens, an injured cyclist might benefit from speaking with a Moncks Corner bike accident attorney.
If you are considered a lawsuit for your bike wreck damages, a personal injury attorney may be able to provide you with valuable insight before you file suit. Call today to schedule a consultation.
Negligence in a Moncks Corner Bike Crash
To recover damages in a bike accident lawsuit, a Moncks Corner bicycle wreck attorney must show that the vehicle operator involved in the crash was responsible. To do so, the victim’s attorney must show that the defendant acted negligently. In South Carolina, there are four elements a plaintiff must meet in order to establish negligence. These elements include:
- Duty of care
- Breach of duty
Duty of Care
Every negligence claim starts with a duty of care. If a defendant did not owe a duty to the plaintiff, there could be no monetary recovery. However, drivers and cyclists owe each other many duties on the road. These include a duty to follow South Carolina traffic laws and to drive attentively.
Breach of Duty
The second element of negligence in a bike wreck case is a breach of the duty of care. In a bike accident case, breach commonly occurs when a driver violates traffic laws. Common traffic law violations that can lead to a crash include following too close, failure to yield, or speeding.
Causation and Damages
The elements of causation and damages are closely linked. A plaintiff must have suffered damages in order to recover compensation from the defendant. Additionally, the plaintiff must show that the defendant’s negligence caused those damages.
Damages Available in a Bicycle Accident
The losses from a collision between a bicycle and a motor vehicle are often devastating. Unlike cars, cyclists have little in the way of protection from injury in a crash. These injuries could even worsen when vehicles in a collision were traveling at high speeds. In such cases, a Moncks Corner bike accident attorney could work to identify the value of the losses a victim has endured. Some common damages include:
A plaintiff has the right to pursue compensation for any medical bills resulting from a bike wreck. In addition to prior medical costs, a plaintiff may also seek damages for future expenses.
When a plaintiff’s injuries force them to miss work, lost paychecks could be considered as potential damages. A plaintiff may seek to recover the paychecks missed prior to the filing of the lawsuit as well as any future losses due to diminished earning capacity.
Pain and Suffering
A plaintiff’s lawsuit may seek recovery from physical pain and suffering. While the value of a victim’s suffering may be subjective, juries are capable of awarding damages based on a plaintiff’s pain.
Call a Moncks Corner Bicycle Accident Attorney As Soon As Possible
If you were struck by a motor vehicle while cycling, you could be entitled to monetary recovery. It is critical to pursue those damages right away, as South Carolina imposes a time limit on the filing of all injury lawsuits. To learn more about your legal options, contact a Moncks Corner bike accident lawyer right away.