Road Hazard Bicycle Accident Claims in Charleston, SC
In a recent year, over 1,300 bicyclists lost their lives on our nation’s roads. While the impact of bicycling on heart health, mood, and muscle tone cannot be denied, it also carries inherent dangers. Lacking the protection of an enclosed vehicle, cyclists are more susceptible to injury, especially when road hazards are present. When a road hazard causes a bike crash, you need a lawyer who can help determine fault and the amount of compensation owed to you.
At Mark C. Tanenbaum, our bike accident lawyers in Charleston, SC, work tirelessly to help bicycle accident victims recoup their losses. If you have recently experienced a bike wreck, our legal team would like the opportunity to speak with you.
Types of Road Hazards that Can Lead to a Bike Wreck
Common hazards on the road that may be treacherous to a bicyclist include:
- Potholes
- Asphalt cracks
- Rutting
- Uneven surfaces
- Sewer grates
- Manholes
- Railroad tracks
- Trolley tracks
- Road debris
- Construction zones
- Other defects that may be present in the bike lane
Pavement defects can cause bicyclists to lose control. This instability can throw a bicycle off balance, leading to a crash. Additionally, sewer grates in the same direction of travel are particularly dangerous, as bike tires are at risk of getting caught in them.
Who is Liable When a Road Hazard Causes a Bicycle Accident?
When a road hazard causes a bike crash, the municipality responsible for maintaining the road will be held responsible. In South Carolina, local and state governments are accountable for keeping the streets safe for all users, including bicyclists. If the government entity was aware of the hazard and failed to repair it in a reasonable time, there may be grounds for a personal injury lawsuit. For instance, the South Carolina Department of Transportation (SCDOT) would be held accountable for failing to fill a pothole on a state road that had been reported numerous times. In this situation, you may be able to bring a legal claim under the South Carolina Tort Claims Act.
However, if a private company manages a construction zone, then you may bring suit against that third-party contractor. Even in a construction zone, a private contractor must ensure that proper signage is posted and that the road is safe for drivers and bicyclists. If the construction company leaves equipment behind, this is grounds for a lawsuit if you suffer injuries.
Bicycle Accident Damages
As a bicycle accident victim, you may be able to recoup damages for lost wages, ambulatory services, surgeries, physical therapy, and other medical expenses related to your crash. You may also be able to recover non-financial losses such as pain and suffering, infliction of emotional distress, and post-traumatic stress disorder (PTSD).
Under South Carolina law, as long as you are less than 51% liable, you can still recover compensation. However, any liability assigned to you will reduce your compensation. No matter what circumstances led to your accident, our Charleston bicycle accident lawyers are ready to assist you with your claim.
Contact Our Experienced Accident Lawyers Today
A bike wreck can leave you with physical, emotional, and financial losses, having a significant effect on your life. If a road defect caused your crash, the government entity or third-party contractor responsible for the hazard should be held accountable. At Mark C. Tanenbaum, our Charleston bicycle accident attorneys are prepared to fight tirelessly on your behalf. To arrange your free consultation to discuss your matter, contact us online or by phone at (843) 577-5100.