Charleston Bicycle Accident Lawyer
Cyclists have the same rights to the road as drivers, and far less protection when a driver ignores them. When a car hits a bike, the injuries are often serious and the driver’s insurer is quick to blame the cyclist. We push back with the evidence and make sure every source of coverage is found, including your own auto policy.
Crashes that put cyclists at risk.
We represent cyclists and their families across Charleston and South Carolina after crashes like these.
- Drivers passing too closely
- Right-hook and left-turn crashes
- Drivers blocking or crossing bike lanes
- Car doors opened into cyclists
- Rear-end crashes
- Hit-and-run crashes involving cyclists
- E-bike crashes
- Crashes caused by road defects
Hit by a driver who fled? See our hit-and-run page. If you lost a family member, our wrongful death lawyers can help.
South Carolina law protects cyclists on the road.
South Carolina gives cyclists the rights of drivers and puts specific duties on the drivers around them. These rules often decide who is at fault.
Cyclists have the rights of drivers SC Code §56-5-3420
A person riding a bicycle on a South Carolina road has the same rights, and generally the same duties, as the driver of a vehicle. E-bikes with helper motors are treated the same way. A driver who treats a cyclist as an obstacle instead of traffic is breaking the rules of the road.
Drivers must give cyclists room SC Code §56-5-3435 SC Code §56-5-3425
Drivers must keep a safe distance from a bicycle at all times, including when passing. Where there is a marked bike lane, drivers may not block it and must yield to cyclists in the lane before entering or crossing it. Violations of these rules are strong evidence in a civil claim.
Harassing a cyclist is a crime SC Code §56-5-3445
It is illegal in South Carolina to harass, taunt, or maliciously throw an object at a person riding a bicycle.
Your own auto insurance may cover you SC Code §38-77-150
South Carolina’s uninsured motorist coverage protects you and relatives in your household even when you are not in a car, including when you are on a bike. If the driver who hit you had no insurance, too little, or fled the scene, your own policy or a family member’s may cover the gap. Many cyclists never think to check.
Shared fault and time limits SC Code §15-3-530
Insurers often argue the cyclist was partly to blame. Under South Carolina’s comparative fault rule, you can still recover as long as your share of fault is 50% or less, though your award is reduced by your percentage. You generally have three years from the crash to file a lawsuit.
Drivers’ insurers often start from the assumption that the cyclist did something wrong. Evidence like video, the crash scene, and damage to the bike is how that assumption gets corrected.
Steps that protect a bicycle accident claim.
The evidence in a bike crash is often gone within days. Here is what to do, in order.
Call 911 and get medical care
Report the crash to police and get checked out, even if you feel fine. Head and internal injuries are not always obvious at first.
Keep your bike and gear
Do not repair or throw away your bike, helmet, or clothing. Damage to them can show how the crash happened.
Photograph everything
The scene, the car, your bike, your injuries, and any road hazards. Note any bike lane markings.
Look for cameras and witnesses
Nearby businesses, doorbell cameras, and bike or dash cameras may have recorded the crash. Get witness names and numbers.
Call us
We gather the evidence, deal with the insurers, and check every policy that may cover you, including your own.
We treat a cyclist like the traffic the law says you are.
Cyclists are too often blamed for crashes they did not cause. We build the case on the evidence and the rules of the road, and we are prepared to take it to a jury.
Joe Cunningham is a trial attorney and former U.S. Congressman. Joe Cunningham Law keeps a selective caseload so every client gets real attorney attention, from the first call through resolution.
U.S. District Court, D.S.C.
Bicycle accident questions.
Yes. South Carolina law gives a person riding a bicycle on the road the same rights and generally the same duties as the driver of a vehicle.
It may. South Carolina uninsured motorist coverage protects you and relatives in your household even when you are not in a car. If the driver had no insurance, too little, or fled, your own policy may help.
That is common. You can still recover if your share of fault is 50% or less, though your award is reduced by your percentage. We gather the evidence to show what really happened.
E-bikes with helper motors are generally treated like bicycles under South Carolina law, with the same rights and duties on the road.
Generally three years from the crash under SC Code §15-3-530. Claims involving a government vehicle or road defect may have shorter deadlines, so call early.
Nothing upfront. We work on contingency, so our fee comes from the recovery. If we don’t win, you owe nothing.
Talk to a Charleston bicycle accident lawyer.
If you were hit while riding, call Joe Cunningham Law. The consultation is free and there is no fee unless we recover for you.
Charleston, S.C. 29407
Thank you. Your message is on its way to Joe.
We review every message personally and will get back to you, usually within the hour during business hours. For anything urgent, call (843) 633-3360.