Often times people are hit by motorists are marked “at fault” on the accident report produced by the Investigating officer when in fact they did nothing wrong to cause the collision. Often, law enforcement officers make mistakes in determining who caused the collision. Just because an officer put on the accident report that a cyclist contributed to the collision, rather than the other motorist, doesn’t mean you cannot pursue an insurance claim for injuries with the other motorist’s insurance carrier. As long as the other motorist’s actions or inactions contributed to causing the collision more so than the actions or inactions of the cyclist. In fact, the reporting officer’s accident report isn’t even admissible in a trial to determine who caused the collision, under S.C. Code Section 56-5-1920.
In 2022, 1,360 bicyclists lost their lives in accidents. Of these, 928 bicyclist fatalities were caused by a collision with a motor vehicle. As is readily apparent, bicyclists are at risk of injuries and death every time they mount their bikes. Simply practicing safety measures cannot prevent every bicycle accident.
In this blog, our South Carolina bicycle accident attorney discusses potential injuries that you may suffer in a bike collision and the forms of compensation that may be available to you.
Traumatic Brain Injuries
While nearly 80 percent of bicyclists sustain a head injury in bike accidents, surprisingly, only 18 percent choose to wear a bicycle helmet. A traumatic brain injury, or TBI, is caused by any strike or blow to the head which impedes normal brain function. Common symptoms of a TBI include vomiting, nausea, persistent or worsening headaches, disorientation, and agitation. It is crucial that if you suspect you have sustained a TBI, you seek immediate medical attention.
Neck Injuries
Given the position that a cyclist must hold their neck while riding, the neck is prone to injuries in a biking accident. Since the neck is responsible for holding up our heads, a cervical spine injury can involve excruciating pain. Symptoms of a neck injury may involve neck stiffness, pain radiating down to the shoulders or arms, soreness, or tenderness.
Clavicle Fractures
The clavicle (collar bone) connects the shoulder blade to the breastbone (sternum). Bicycle accidents are a common source of clavicle fractures since any severe force on the shoulder can result in a broken collarbone. Common symptoms of a clavicle fracture include pain that increases upon moving the shoulder or arm, tenderness, swelling, or bruising. Although some clavicle fractures may heal on their own, it is important you see a physician.
Road Rash
Bicyclists who fall off their bikes may slide across the pavement or gravel, getting skin abrasions. More commonly referred to as road rash, it damages the top layer of skin or epidermis. With the epidermis being removed, the skin will appear raw and will likely bleed.
It is important that you watch out for signs of infection, including swelling, a pus-like fluid draining from the injury site, and an increased sense of warmth. Flu-like symptoms may also present, including a fever or chills.
Facial Trauma
Pedal cyclists may sustain facial trauma, often including a broken nose or dental trauma. Symptoms may include bruising, bleeding, deformed facial bones, double vision, and changes in sensation in the face. Besides physical impairments, victims of facial trauma can suffer from post-traumatic stress disorder.
Damages
Bicycle accident injuries can take a physical, psychological, and financial toll on accident victims. Common damages from a bicycle accident may include any of the following:
- Lost income
- Surgeries and procedures
- Prescription costs
- Specialist costs
- Cost to repair bicycle
- Pain and suffering
- Mental anguish
- Emotional distress
- Humiliation
- Scarring and/or disfigurement
If you have been in a bicycle crash, you need to meet with an attorney who can assess your situation. A bicycle accident attorney can assist you in collecting your medical records, including a physician’s notes and medical imaging, to submit to insurance. You deserve to be compensated fully for your suffering, and we are ready to provide the representation you need in the process.
Consult a South Carolina Bicycle Accident Attorney Immediately
In a split moment, a bicycle accident can alter your immediate plans. If you have sustained injuries in a bicycle accident due to a motorist or another person’s negligence, Swilley Law Firm, LLC, is here to assist you with your claim. To schedule your free consultation with our South Carolina bicycle accident attorney, contact us online or by phone.
