Yes, as long as you can prove it's the car, truck, or motorcycle driver's fault—or more their fault than yours.
You need to know South Carolina bicycle and traffic laws to prove fault. That's why it pays to get advice from a Spartanburg car accident attorney who knows South Carolina bicycle law, which I touch on below.
To get your questions answered about your South Carolina bike versus car accident case, call toll-free at 888-230-1841 or fill out a Get Help Now Form for a FREE, NO PRESSURE strategy session with a Spartanburg, South Carolina car accident attorney.
You can also download my FREE BOOK on South Carolina car accident cases, written in non-legalese plain English, for normal, non-lawyer folks just like you.
Here are key points of South Carolina bicycle rider rights and responsibilities that might be used in your bicycle versus car accident case:
- South Carolina bike riders have the same rights and responsibilities as any vehicle driver, subject to a few exceptions, under South Carolina Code section 56-5-3420. That means the same traffic laws can be used for or against you as an injured victim in a bicycle accident case. The question is, exactly what traffic laws apply in your case?
- Drivers must keep a safe distance from bicycles. South Carolina Code section 56-5-3435 requires drivers to maintain a safe distance between their vehicle and a bicycle, at all times—no exceptions.
- The bike lane belongs to you. South Carolina Code section 56-5-3425 forbids drivers from blocking the bicycle lane. This law also requires vehicles entering or crossing the bicycle lane to yield the right of way to bicyclists in it. On the other hand, bicyclists must stay in the bicycle lane unless passing another bicyclist or avoiding an obstruction in that lane. Interestingly, you can ride a bike on the roadway even when there's a recreational bicycle path available if there's no bicycle lane.
- Stay on the right side of the road. South Carolina Code section 56-5-3430 requires bike riders to stay as near to the right side of the road as possible.
- Ride no more than two wide, usually. South Carolina Code section 56-5-3430(D) allows bicyclists to ride no more than two abreast except for parts of the road set aside for the exclusive use of bikes.
- At night, use lamps and reflectors. South Carolina Code section 56-5-3470 requires bikes ridden at night to be equipped with a front lamp shining a white light. It also requires a rear red reflector.
- Don't forget your turn signal! South Carolina Code section 56-5-3480 requires bicyclists to use hand signals. For a right turn, you have options: extend the left arm up, make a square with it, or extend the right arm to the right. For a left turn, extend the left arm. Show you're stopping or slowing by extending either arm down. You don't have to give signals at all if you need either hand or arm to control the bike.
- Keep those brakes working! You should be able to make your wheels skid on dry, level, clean pavement, as required by South Carolina Code section 56-5-3490.
You've Got a Lot to Lose—Get Some Advice and Peace of Mind
If you're seriously hurt, as bicyclists often are after being hit by a car, you've got a high-stakes case and potentially a lot to lose. There are a few things a South Carolina bike accident victim needs to know right now. One is you'll be facing a tight-fisted insurance company claims rep whose top job is to deny, delay, and distract you into a lowball settlement.
Don't let that happen to you. Get answers from an experienced Spartanburg, South Carolina bicycle-car accident attorney. You can contact us via live chat, by filling out a Get Help Now form, or calling toll-free at 888-230-1841.
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