Mount Pleasant Bicycle Accident Lawyer
Given the relative lack of safety features a bike has compared to a typical motor vehicle, it can also be a more dangerous one as well—especially if other drivers do not give you the space and respect you deserve under state law.
If a negligent driver caused you to get hurt in a bike wreck, you may want to speak with a Mount Pleasant bicycle accident lawyer about your options for filing suit. With guidance from a personal injury attorney who has dealt with similar cases before, you may be able to hold a reckless or careless driver accountable for the injury and losses they caused you.
What Damages Might Be Recoverable?
The primary purpose of personal injury lawsuits is to compensate an injured plaintiff for the losses a defendant caused them to take on. The losses involved in bicycle crash claims are often physical in nature, but they can also be financial or even emotional depending on the circumstances.
A bicycle accident victim must first be able to prove the defendant named in their lawsuit or settlement demand breached a duty of care owed to them, and that this breach proximately caused an accident. They must then show the accident in question was the direct cause of at least one physical injury that required them to seek professional care.
Once this is accomplished, a plaintiff could hold the at-fault party liable for all their compensable losses—or losses that can be assigned either an objective economic value or a subjective non-economic value in monetary terms—stemming from the incident in question. Damages that a Mount Pleasant bicycle accident attorney may be able to help a plaintiff seek restitution for include:
- Physical pain and emotional suffering
- All past and future medical expenses
- Loss of enjoyment of life
- Past and future loss of work income
- Loss of consortium
- Costs of repairing or replacing their bike, as well as any other damage to personal property
Potential Limitations on Recovery
Civil claims are never as straightforward as accusing a defendant of negligence and cashing the check they agree to send along. For example, many defendants try to absolve themselves of liability for bike wrecks by accusing injured bicyclists of being responsible for their own damages. If a court agrees with this argument, that court may reduce the plaintiff’s final damage award or potentially bar them from recovery completely.
Additionally, the statute of limitations sets a strict filing deadline that all potential plaintiffs in Mount Pleasant and their bike accident attorneys must adhere to. As per South Carolina Code §15-3-530, an accident victim who waits longer than three years after discovering their injuries to file suit is generally ineligible to seek any damages whatsoever for that incident.
Talk to a Mount Pleasant Bicycle Accident Attorney Today
Even if you wear appropriate protective equipment and do your best to pay attention to your surroundings while riding your bike, there is only so much you can do to avoid getting hurt in an accident caused by a reckless or careless motor vehicle driver. Fortunately, if you can prove a driver’s negligence was the direct cause of your injuries, you should be able to hold that driver accountable for all your ensuing losses.
A qualified Mount Pleasant bicycle accident lawyer could explain your legal options and discuss the feasibility of a civil claim during a private consultation. Call today to schedule yours.
