Hit and run accidents involving bicyclists are unfortunately common. Drivers flee to avoid liability for severe and costly injuries, but that doesn’t necessarily stop you from exercising your right to seek compensation from the party who injured you.
In general, bicyclists have the right to file lawsuits against negligent drivers, but we must first identify the negligent driver in a hit and run. Enlist us to do this right away so you don’t miss the personal injury statute of limitations or lose access to surveillance footage or other evidence that could have identified the driver. You have the right to seek relief for all damages you have incurred, economic and non-economic.
For your free, confidential case review from our Columbia, SC bicycle accident lawyers, call Burriss Ridgeway Injury Lawyers at (803) 451-4000.
Do Bicyclists Have the Right to Sue After Hit and Runs in South Carolina?
Being hit by a negligent driver while riding your bike puts you at risk of sustaining serious, potentially fatal injuries. Such injuries are costly, and victims need to know whether they have the right to compensation and for how long.
If you sustain injuries and damages due to someone else’s negligent conduct, you generally have the right to sue that person for damages. When you are riding your bicycle in South Carolina, drivers sharing the road owe you a duty of care to follow traffic rules and drive safely. Any breach of that duty that injures you gives you the right to seek compensation, such as speeding, driving in a bike lane, or ignoring a bicyclist’s right of way.
You don’t have an indefinite right to sue after a hit and run bike accident in South Carolina. Our lawyers can ensure you bring your claim before the 3-year statute of limitations runs out.
How Can Bicyclists Protect Their Rights After Hit and Run Accidents?
Before you can exercise your right to sue in South Carolina, you need to identify who the negligent driver was in your recent hit and run accident. For your best chances of identifying the driver, prioritize documenting the accident with the police and getting help from our lawyers as soon as possible.
Prioritize Accident Documentation
Always call the police after a bad car accident, especially after a hit and run. Leaving the scene without exchanging information or rendering aid is illegal in South Carolina, so the police may help us track down the driver who fled.
You should still take photos and speak to eyewitnesses after a hit and run. Even though you can’t photograph the negligent driver’s car, you can photograph your bicycle, the crash site in general, and any visible injuries to your person.
File a Timely Case
We can also help identify who the liable driver is through our own investigation. The sooner you contact us, the sooner we can interview eyewitnesses who may be able to describe the driver’s car or physical features and obtain security camera footage of the collision and the at-fault party driving away.
Know Your Damages
You also protect your right to compensation by knowing how much compensation you deserve. Otherwise, you might agree to a settlement offer that initially seems fair, but doesn’t compensate you for all medical expenses, lost wages, and other damages.
We can track and tally compensable damages so our Myrtle Beach, SC bicycle accident lawyers can make an accurate request for relief on the victim’s behalf.
FAQs About Bicyclist Rights After Hit and Runs in South Carolina
How Long Do Bicyclists Have the Right to Sue After Hit and Runs in South Carolina?
Generally speaking, bicyclists have 3 years from the date of injury to identify the driver in a hit and run accident and file a lawsuit against them in South Carolina. There may still be time to bring your case, so don’t assume you waited too long before speaking with us.
How Much Compensation Do Bicyclists Have the Right to Seek After Hit and Runs?
Bicyclists can seek recovery of all the damages they sustained in hit and runs from negligent drivers after identifying them. That includes medical bills, lost wages, pain and suffering, and any other damages we can attribute to the driver’s negligence. South Carolina doesn’t cap damages for plaintiffs.
Do Bicyclists Need Lawyers to Protect Their Rights After Hit and Runs?
You should have a trusted lawyer by your side after a hit and run bicycle accident in South Carolina so that you don’t miss the filing window, underestimate your damages, or struggle to identify the at-fault driver in time.
Does Comparative Fault Affect Your Right to Damages After a Hit and Run?
Even in hit and runs, South Carolina’s modified comparative fault rules apply. If the plaintiff’s negligence exceeds the defendant’s, the plaintiff loses their right to sue and is barred from filing a lawsuit. Contributing to the accident also reduces your compensation, and our lawyers can determine if that’s a concern in your case.
What if You Can’t Identify the Driver After a Hit and Run?
If you can’t identify the driver after a hit and run, the uninsured/underinsured motorist coverage you have may help cover some of your damages, even if you were injured while riding your bicycle in South Carolina. Don’t assume the driver is gone forever, and let us try to track them down.
Do Bicyclists Have the Right to Take Hit and Run Accident Cases to Trial?
Bicyclists injured in hit and runs have the right to take their lawsuits to trial and seek jury awards. However, most of these cases settle so that plaintiffs can get faster access to damages and a quicker resolution.
Call Our Attorneys After a Hit and Run Accident in South Carolina
You can call our Blythewood, SC bicycle accident lawyers at (803) 451-4000 for a free case evaluation from Burriss Ridgeway Injury Lawyers.
