How to start a bicycle accident lawsuit?
After suffering injuries in a bicycle accident due to someone else’s negligence, you may be ready to demand justice. However, not knowing how to start a bicycle accident lawsuit can delay your ability to recover compensation for your damages.
First, you need to seek medical attention as soon as possible to receive a proper diagnosis for your injuries. Your medical records will serve as documentation for your injury claim or civil lawsuit. Then, you will need to gather evidence to support your case and file it before the statute of limitations expires. This is where a bike accident lawyer in South Carolina can help.
When to Work With a South Carolina Accident Attorney
Bicyclists can sustain catastrophic injuries when struck by a vehicle. Without the same type of protection motor vehicles have, bicyclists are at an increased risk of suffering life-threatening injuries.
These types of injuries include:
- Road rash
- Emotional trauma
- Traumatic brain injuries (TBIs)
- Back injuries
- Soft tissue injuries
- Spinal cord injuries
- Organ failure
- Internal injuries
- Broken bones or fractures
If you suffered any of these injuries or one not listed, you may have the right to compensation for your damages. You may be facing multiple surgeries, rehabilitation, and lost wages. The impact your injuries have had on your life may include insomnia, anxiety, and post-traumatic stress disorder (PTSD). These conditions can be costly to treat, and your recovery could be a lengthy process.
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What to Do Following a South Carolina Bicycle Accident
After being struck by a car or pedestrian while riding your bike, you may be unsure of what to do next. The first steps you take after a bicycle accident could significantly impact your ability to recover and seek compensation for your damages. They include:
- Contacting 911 and getting to a safe place
- Gathering evidence to support your case, such as photos of your injuries, contact information from eyewitnesses, video of the scene and your bike, and the insurance details of all involved parties if possible
- Getting emergency room treatment or seeing your primary care doctor after the accident to diagnose and document your bicycle-accident injuries
- Contacting a bike accident lawyer in South Carolina for help obtaining time-sensitive evidence so you can establish liability
Evidence to Prove Liability For Your Bicycle Accident
The personal injury claims process has a burden of proof based on a preponderance of the evidence. This means evidence presented in your bicycle accident claim will need to prove the at-fault party is responsible for causing your bicycle accident injuries and losses.
To do this, your attorney will need to show that the elements of negligence have been met as follows:
- The defendant owed you a duty of care to keep you safe from harm
- The defendant breached their duty of care through their negligent actions or inactions
- The defendant’s breach caused your bicycle accident and subsequent injuries
- You suffered damages that had a substantial impact on your life physically, emotionally, and financially
Vital evidence that your attorney may introduce to support your right to compensation and prove liability in your bicycle accident lawsuit includes:
- Photos of your injuries
- Testimony from accident reconstruction experts
- The police report
- Safety inspection reports
- Video of the bicycle accident damages
- Witness statements
- Testimony from other expert witnesses (e.g., vocational, economic, etc.)
- The defendant’s blood alcohol concentration levels
- The defendant’s cell phone records
What a South Carolina Bike Accident Lawyer Will Do for You
Immediately after your bicycle accident, an attorney will take on all aspects of your case from start to finish while you focus on recovering. They will do the following:
- Open up an investigation into the cause of your bicycle accident
- Obtain powerful evidence to prove liability in your case
- Review your damages to accurately calculate the value of your bicycle accident damages
- Pursue a claim with the insurance company
- Negotiate for a fair settlement with the insurer on your behalf
- Bring your case to court and fight for a favorable verdict
File Your Bicycle Accident Lawsuit On Time
Your attorney will also file your bicycle accident lawsuit in civil court to comply with the statute of limitations. In South Carolina, you have three years from the date of the injury to file per S.C. Ann. § 15-3-530. If you miss this statutory deadline, you could lose your chance to seek compensation.
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Reach Out To Our Bike Accident Team in South Carolina Today
Your bicycle accident injuries have had a significant impact on your life. With help from a South Carolina personal injury lawyer at Poulin | Willey | Anastopoulo, LLC. you can hold the liable party accountable and recover compensation for your suffering.
Start working on your case when you call us for a no-cost, risk-free consultation.