Personal Injury | Willcox, Buyck & Williams, PA

How Much Is My Personal Injury Case Worth?

Posted on October 14, 2021

Every personal injury case is different because everyone’s situation is unique. For example, if you got hurt in a car crash, another passenger in your car might have a personal injury claim worth much more or much less than yours.

A South Carolina personal injury attorney would need to talk to you and investigate your case before being able to calculate its monetary value. Here are some of the factors that can help answer the question of “How much is my personal injury case worth?”

What Factors Can Affect the Settlement Value of a Personal Injury Claim?

The things that can determine how much compensation you might be able to pursue will vary from one case to the next. Here are some of the common items that can impact your claim:

The severity of your injuries, for example, a sprain as opposed to a fracture
The type of injuries you sustained, such as losing your sight versus getting a concussion
How well you healed, including complications you experienced
Long-term impairment from your injuries
Facts that tend to anger a jury, like a drunk driver or intentionally hurting someone

Your injury case might have additional factors that could increase or decrease the financial worth of your claim against the at-fault party.

Types of Money Damages

While we cannot throw out a number that accurately represents the value of your personal injury case without talking to you and getting more information, it could help you understand the types of money damages that people often seek in personal injury cases.

Lost Wages

If you missed work without pay because of an accident that was someone else’s fault, you might be able to seek compensation for your lost wages, salary, self-employment, or other forms of regular income.

Diminished Earning Capacity

Sometimes people have to reduce their working hours or take lower-paying positions because of chronic problems following a severe injury. Back pain, weakness, and decreased range of motion are just a few of the ongoing issues that can cause a person to make less money than before getting hurt. These situations can cause financial hardship for the injured person.

Medical Expenses

You can usually recover the reasonable cost of the treatment you needed for your injuries. This category can include things like the ambulance, trauma center, hospital, and doctors. Diagnostic procedures, lab tests, surgery, blood transfusions, and pain management can also be a part of this type of money damages.

Future Medical Treatments

Your doctor might decide that you will need additional interventions, like skin grafts or other surgical procedures, to restore as much function and health as possible. The estimated cost of these procedures and your time away from work can get added to your injury claim.

Intangible Losses

Some types of losses do not always have receipts or invoices that help to measure their value in dollars. Still, these are valid items for which an injured person can seek compensation from the party who negligently or intentionally harmed them.

Disfigurement from highly visible extensive scars, post-traumatic stress disorder (PTSD), and pain and suffering can belong in this category.

These are but a few examples of the many things that can get included in a personal injury claim. A South Carolina personal injury attorney can handle your case so that you can focus on getting better. Call our office today to schedule a consultation.

Alternatives to Trials During the COVID Pandemic

Posted on August 20, 2021

The COVID-19 pandemic temporarily changed the way we do many things, like shopping, working, and doing business. The courts got caught in the crosshairs of the situation because people have legal rights, and those rights sometimes clashed with the public health emergency.

Some cases get automatically dismissed if not resolved within 365 days of filing. When courts get closed, it can be impossible to meet those deadlines. Our South Carolina courts had to get creative and find different ways to balance fundamental American rights with public safety. A South Carolina personal injury attorney can explain how to have your day in court when the courts are closed: alternatives to court during the COVID pandemic.

Different Courts – Different Rules

Courthouse operations have varied by county. One county might allow in-person hearings but require that everyone who wants to enter the building wear a mask. Another county might only allow emergency hearings and not routine matters. Within the same county, the circuit court might be holding regular hearings, while the probate court might only allow hearings to take place by teleconference or videoconference.

Measures That South Carolina Courthouses Have Used to Deal with COVID

The approaches that our courts have utilized are constantly in flux. Some courthouses closed, then reopened, then closed again when there was a local surge in new COVID cases. You will want to check with the specific courthouse before going to the building to find out their current measures.

Here are some of the ways that South Carolina has tried to address the pandemic as it pertains to courthouse operations:

Initially, some courthouses closed down, except for essential personnel.
Some courthouses required people entering the building to wear masks and stay at least six feet apart.
People with observable symptoms of COVID were not allowed to enter the building.
Some courts take the temperature of everyone coming inside the facility.
Some courts use a questionnaire before someone can come inside, asking questions about things like the individual’s exposure in the last 14 days to anyone with COVID and the entering person’s symptoms during the same time.
Some courts only hold hearings remotely, by videoconference or teleconference.
Some courts changed local procedural rules to allow people to file papers and make payments by telephone, email, regular U.S. Mail, and facsimile transmission.
Some courts changed the location of hearings, for example, to a local civic center, to make social distancing possible during court sessions.
Many courts suspended jury trials for many months. When jury trials resumed, the courthouses made logistical modifications to accomplish social distancing and minimize the risk of COVID for jurors.
On criminal matters, courts have conducted hearings in jail cases remotely to avoid the risk of transmission of COVID during the transportation, waiting, and hearing phases of the process.
Some courts that are holding in-person hearings limit the number of people in the courtroom, for example, only three defendants in the courtroom at a time, and everyone in the courtroom must wear a mask at all times.
Some county courthouses have fully reopened. Some do not post any restrictions whatsoever, like masks, temperature checks, social distancing, or limiting the number of people allowed inside a courtroom simultaneously.
In some counties, people can file pleadings and other papers with the court or make payments in person by using a drop box outside of the office doors. If they want personal assistance, people can call ahead or knock on the front door of the courthouse.

As you can see, the situation can be confusing and frustrating. The legal system is gradually returning to normal operations, but there is great variety from one courthouse to another and even within different divisions of the same courthouse. A South Carolina personal injury attorney can help you get your day in court and protect your legal rights. Contact our office today.

How Safe Are Motor Scooters in South Carolina?

Posted on July 19, 2021

Motor scooters might seem less intimidating than full-sized motorcycles, but that doesn’t make them risk-free. Riders still face serious dangers when traffic picks up or drivers get careless.

Motorcycle accident attorneys work with injured riders who followed the rules and still got hit. The smaller size of a scooter won’t protect you when other drivers are unpredictable.

Scooter Crash Risks in South Carolina

Scooters usually top out around 30–50 mph. That slower speed won’t stop a car from rear-ending a scooter at a red light. In most crashes, the scooter is the smaller vehicle, and the rider gets hurt because of the force of impact the bigger vehicle causes.

Scooter riders also face problems that car drivers don’t. Potholes, wet pavement, and loose gravel can throw the wheels off balance. Without a frame, a rider’s helmet and jacket may be their only protection.

In Myrtle Beach and Florence, scooters share the road with cars, trucks, and pedestrians. One distracted driver, a missed blind spot, or a sharp turn can cause a serious crash in seconds.

Are Scooters Safer Than Motorcycles?

Scooters travel more slowly, but that doesn’t make them safer. Smaller tires, less weight, and weaker brakes can make it harder to stay in control during sudden turns or stops. Unlike motorcycles, scooters often lack the stability and handling needed for unpredictable road conditions.

Many scooter riders also skip helmets, mirrors, or proper training. That leaves them exposed in traffic. A slower ride won’t protect you when a driver makes a fast mistake.

Scooter Laws in South Carolina

South Carolina classifies most scooters by engine size. Mopeds—vehicles with 50cc or smaller engines—follow different rules than scooters or motorcycles with more power.

Statewide rules include:

Registration is required for both mopeds and scooters.
Insurance is required for scooters over 50cc, but it is not required for mopeds.
Helmets are required for riders under 21.
All riders must follow traffic laws, including speed limits and lane rules.
Sidewalk and bike lane use is not allowed for scooters or mopeds.
Riders must carry a valid driver’s license or moped license.

Cities like Myrtle Beach may add their own restrictions, so it’s smart to check local ordinances before riding in high-traffic areas.

Common Causes of Scooter Accidents

Scooter crashes happen for many of the same reasons motorcycle crashes do—driver inattention, poor road conditions, and lack of visibility. The smaller size of a scooter increases the chance of being overlooked, especially at intersections.

Other common causes include:

Cars making sudden left turns
Drivers opening doors into a rider’s path
Aggressive passing on narrow roads
Wet pavement or sand near the beach
Limited lighting or reflectors at night

Scooter accidents may not always grab headlines, but they still leave people with broken bones, concussions, road rash, or worse.

What to Do After a Scooter Crash

Anyone involved in a scooter accident should get medical help immediately, even if the injuries seem minor. Some symptoms, like head trauma or internal damage, won’t show up right away.

After medical treatment, the next step will involve collecting evidence. Photos, witness names, police reports, and scooter damage will all matter. The sooner a rider talks with a lawyer, the stronger their case will become.

Legal Help for Injured Scooter Riders

Scooter riders deserve safe roads just like anyone else. When someone else’s poor judgment causes a crash, that person should be held responsible for the injured rider’s injuries and accident-related losses.

Our Florence and Myrtle Beach motorcycle accident attorneys will help you take the next step. At Willcox, Buyck & Williams, PA, we will investigate the crash, gather the evidence, talk to witnesses, and build a case grounded in real facts.

Whether your scooter crash happened in traffic or on a side street, we’re ready to listen and take action. Reach out to us today.

Man standing in a courtroom, appearing to present or testify with papers in hand.

What Is an Expert Witness?

Posted on June 30, 2021

An expert witness is a person who has special knowledge and skills in a particular field, such as medical science, engineering, or accounting. A South Carolina personal injury lawyer will often hire experts to testify on behalf of their clients in court.

An expert witness can be any professional that provides information, expertise, or opinion on behalf of one side of the case only. Experts usually testify on scientific, technical, or medical matters but can also be called upon to give their opinion based upon their experience as well.

For instance, if you were involved in a car accident where there was another driver at fault and you want compensation for your injuries then it would likely be necessary for you to have an accident reconstructionist.

When Do You Need an Expert Witness?

In order to win a personal injury case, you need to prove that the defendant is liable for your injuries. The only way to do this is by proving that the defendant’s actions caused an accident or incident leading to your injuries.

The tough part of proving liability in a personal injury case is making sure there are enough facts and evidence available about what happened. And it can be hard to know where those facts come from without experience as a lawyer or investigator who specializes in these cases.

That’s why hiring an expert witness can be so helpful.

Expert witnesses review information and evidence from accidents and incidents provided by lawyers. The expert’s findings are then used for negotiations or during trials.

Who Is Qualified to Be an Expert Witness?

There are some qualifications that must be met before you can testify as an expert in a trial. These qualifications include:

being qualified by education or experience;
having knowledge of the subject matter;
having personal observations related to the case; and
being well-respected in the field of expertise

An experienced personal injury attorney will have a network of experts available to assist in determining things like:

who is at fault for an accident
what damages should be
whether there was a defective part that caused an injury
whether injuries are caused by the type of accident that occurred
what the likelihood of recovery is for a particular injury

Many settlements and lawsuits are won based on the testimony of the experts.

Our Personal Injury Attorneys are Here to Help

When you are injured in an accident, it is important to get the best care possible. In order for your injury claim to be successful, you need a personal injury lawyer on your side who will help you navigate all of the legal waters that come with filing a claim. Our personal injury lawyers have an extensive network of expert witnesses who can analyze and testify about the cause of injuries and damages experienced by survivors after an accident. Contact us today.

Doctor holding an injured hand with a cast around it

Why Should I Hire a Personal Injury Attorney After an Accident?

Posted on May 13, 2021

If you’ve been hurt in an injury accident, you may be wondering if you are entitled to financial compensation through a South Carolina personal injury legal action. Chances are if the accident resulted from another’s negligence, you probably have a viable claim against the at-fault party.

While you may be tempted to pursue damages on your own, hiring a professional South Carolina personal injury attorney may be a better choice. Let’s look at why hiring a personal injury attorney to act as your advocate is a good idea.

Why Should I Hire a Personal Injury Attorney?

After an injury accident, you are likely overwhelmed with emotion and concern in the face of physical injury, mounting medical debt, and lost wages. Trying to manage a personal injury claim under extreme emotional stress can leave you vulnerable to legal technicalities and manipulative tactics from the opposing party.

Hiring a lawyer versed in personal injury law is your best bet to ensure that the handling of your personal injury action is thorough and well-executed.

5 Reasons a Lawyer Should Represent Your South Carolina Personal Injury Claim

1. Protecting Your Legal Interests

When you retain legal counsel, you are hiring an advocate to protect your legal rights. Lawyers experienced in personal injury law understand the rules and regulations governing your rights to compensation.

A skilled personal injury attorney will frame and argue your case within the scope of personal injury law and insurance regulations to get you the most compensation possible for your losses and pain and suffering.

2. Conducting a Thorough Investigation

A personal injury claim requires well-documented, detailed facts to support an argument for financial damages. Personal injury attorneys use various resources and experts to gather evidence and build a case that will withstand scrutiny by the opposing party.

3. Navigating Deadlines and Statutes of Limitations

Most personal injury cases are compromised by minor errors and oversights involving filing deadlines. Your claim is subject to a statute of limitations and other deadlines throughout the legal process from the time your injury accident occurs.

Attempting to balance your recovery and personally manage the complex legal process of an injury action opens you to errors and oversights that could compromise your case.

An experienced personal injury lawyer will meet required timelines to ensure your case is not lost on a scheduling or other process technicality.

4. Defending Your Rights Against Insurance Bad Faith

Insurance companies are designed to make money, not lose it. Their primary interest is to minimize or eliminate financial losses, and they will use any strategy to do so.

A savvy and experienced lawyer will anticipate the insurance adjusters’ tactics and ensure that you are not manipulated into accepting less than you deserve.

5. Maximizing the Financial Award

Personal injury victims with lawyers representing their case are typically awarded higher payouts than victims who go it alone. This is generally attributed to an injury attorney’s ability to navigate the law, recognize and defeat bad-faith insurance tactics, and account for injury victims’ long-term recovery needs.

Contact a South Carolina Personal Injury Attorney Today

The aftermath of a personal injury accident brings with it a great deal of fear and emotion that can easily overwhelm even the most sensible person.

Hiring a personal injury attorney to represent your case for damages can offer confidence and peace of mind that your case will be properly handled. While you focus on healing and recovery, your attorney will fight for your rights to the maximum compensation you deserve.

Contact our law firm today for knowledgeable and skilled representation by an experienced South Carolina personal injury attorney.

Is It Worth Hiring a Personal Injury Attorney?

Posted on April 19, 2021

If you’ve been hurt in a personal injury accident, you are likely overwhelmed by what to do next. After seeking necessary medical care, it’s a good idea to reach out to a personal injury attorney for advice.

South Carolina law allows personal injury victims to seek compensation against negligent parties at-fault for accidents. Often, this means pursuing a negligent party’s insurance company for financial damages.

In this case, is it worth hiring a personal injury attorney to represent you? South Carolina personal injury attorneys respond, “Yes.”

No one wants to be on the hook for someone else’s financial losses, especially not an insurance company. You will need someone on your side to get the compensation you deserve.

Top 7 Reasons to Hire A Personal Injury Attorney

1. Thorough Investigation

Experienced personal injury attorneys have vast resources and a network of investigators to vet your case thoroughly and assemble the merits of a winning claim.

This includes determining negligence, collecting evidence, identifying assets, and examining insurance liability protection.

2. Objectivity

After an accident, you will face many emotions and fears. Insurance companies and opposing counsel in personal injury claims will exploit your weakened emotional state to their benefit.

An objective attorney savvy to the opposing party’s tactics can prevent you from making decisions under duress that are against your best interests.

3. Legal Expertise and Experience

The laws and restrictions governing personal injury claims can be complex. A seasoned personal injury lawyer will know how liability laws and insurance regulations will impact your case. Hiring an attorney experienced with previous personal injury cases and case law history is critical to your claim’s success.

4. Faster Resolution

Personal injury attorneys work diligently to get you a quick and fair settlement award so you can continue on the path of healing and recovery with much-needed financial resources. Skilled in negotiation, your lawyer will make the best effort to avoid a costly and protracted trial.

5. Higher Settlements

Statistically, personal injury victims represented by legal counsel win higher settlement awards than unrepresented parties, even after attorneys fees.

6. Arbitration, Mediation, Litigation

Attempting to settle a personal injury lawsuit can include a multifaceted approach. Sometimes, settlement negotiations fail, and arbitration or litigation is necessary.

When you work with a personal injury attorney from the start, your attorney can be well-versed on the details of your case and prepared for the opposing party’s tactics and strategies.

7. You Have Nothing to Lose

Many personal injury attorneys work on contingency. “Working on contingency” means that an attorney collects fees only if the attorney wins a settlement award for their client.

Generally, in a contingency fee arrangement, attorneys are paid from the settlement. No upfront fees or retainers are required.

Consult a South Carolina Personal Injury Attorney Today

If you’ve been injured in an accident, you owe it to yourself to seek legal advice. Personal injury laws allow for compensation to victims who have suffered an injury at the hands of another’s negligence.

Let a South Carolina personal injury attorney guide you through your injury claim and advise you on how to get the compensation you deserve. Contact our law firm today.

Three Things You Should Know About Truck Accident Claims

Posted on March 29, 2021

If you got injured or a close relative died because of a truck accident, you need to know how these personal injury or wrongful death claims are different from standard car collision compensation claims. A South Carolina personal injury attorney can take care of your case and answer your questions. You should not have to battle a billion-dollar insurance company while you are recuperating from your injuries or dealing with the grief of your loss.

Here are three things you should know about truck accident claims:

Truck Accidents Tend to Involve More Severe Injuries and Fatalities

Tractor-trailers are much larger and heavier than passenger cars, even if they are not carrying cargo. When a large truck collides with a smaller, lighter vehicle, the car is likely to sustain far more physical damage than the truck. As a corollary, the people inside of the car often experience more severe injuries and more fatalities than the driver of the tractor-trailer.

Because of their greater mass, large trucks need more linear distance to come to a stop. When a truck driver speeds or tailgates, there is an enhanced risk of a collision, even greater than when a car follows other vehicles too closely.

Truck Drivers Have to Follow Federal Safety Rules

Because large trucks present a more significant danger to health and safety than passenger cars, Congress created federal legislation to protect the general public from the risk of truck accidents. Many crashes happened because of truck drivers who lacked the physical ability to respond in time to urgent situations on the road because of fatigue. Also, some truck drivers resorted to taking over-the-counter or illegal drugs to stay awake and alert while operating tractor-trailers for long hours without adequate rest.

Truck drivers and their employers, trucking or transportation companies, have to comply with legislation that limits the number of hours a driver can work with taking a break. Both the driver and company must keep accurate and current records of their work hours. If either party did not keep the mandated logbook or the records show a violation of the work hours limits, that information could be valuable evidence in a truck accident injury claim.

Injury Claims From Truck Accidents Often Involve More Than One Insurance Company

Sometimes both the truck driver and the trucking company carry their own liability insurance. In this situation, you might consider yourself fortunate to have two potential sources that could pay your claim. In reality, however, the multiple insurers will likely blame each other. A personal injury lawyer can sort out these competing interests and protect your right to fair compensation for the harm you suffered. IT can be challenging to handle this situation if you try to handle your injury claim on your own without an attorney.

These are but a few examples of things you need to know about truck accident claims. A South Carolina personal injury attorney can negotiate directly with the at-fault party’s insurer and work tirelessly to get you the compensation that you deserve. Contact our office today.

How Do You Know If You Have a Good Settlement Offer?

Posted on February 26, 2021

Most personal injury claims are settled between the victim and the insurance company for the party who caused the injury. Settling an injury claim with the insurance company generally means that you give up your right to demand more money or file a lawsuit regarding the injury. Therefore, you want to make sure that the settlement offer is fair. Because the settlement is final, you may want to talk with a South Carolina personal injury attorney before accepting a settlement offer from an insurance company.

What Factors Affect the Value of a Personal Injury Claim?

The insurance company considers numerous factors as it decides how much to offer you to settle your injury claim. Some of the factors that could influence its decision include:

The total cost of your financial damages, including loss of income, medical bills, personal care, therapies, and other out-of-pocket expenses
The type and severity of your injuries
Whether you sustained a permanent impairment or disability
The expenses and costs of defending a personal injury lawsuit
Any potential weaknesses in your cases, such as allegations of comparative fault, preexisting conditions, or delays in medical care after the accident
Whether you hired a personal injury lawyer, and if so, your attorney’s trial experience and record

If an insurance company believes that it could be liable for a high-value claim, it might make a quick, low settlement offer to avoid paying a larger amount. When an insurance company pressures you to accept a settlement offer before you complete medical treatment, it could a warning sign that your claim may be worth a large amount. It is not in your best interest to settle the claim until your doctor completes treatment and advises you of any permanent impairments or disabilities.

What Is a Good Settlement Offer for My Injury Claim?

Settlement offers are based on the specific facts and circumstances of your case. The best settlement offer compensates you for all economic losses and your pain and suffering damages. However, the insurance company’s goal is to pay as little as possible to resolve your claim. Your goal is to receive the highest amount possible for your injury claim. Therefore, a settlement offer usually falls somewhere between those two amounts.

To know whether the insurance company’s settlement offer is fair, you need to know the value of your damages.

To calculate economic damages, total all of the financial losses, expenses, and costs related to the accident, your injuries, and your recovery. Examples of economic damages include:

Burial and funeral expenses for a wrongful death
Medical expenses, including hospital bills, doctors’ bills, medications, therapy costs, ambulance bills, medical equipment, etc.
Personal care and assistance with daily activities, including household chores
Loss of income and benefits
Travel expenses to and from appointments with medical providers
The cost of modifying your home or vehicle because of a disability or impairment
Decreases in future earnings and cost of medical/personal care because of a disability

The insurance company will require proof of all economic losses.

Calculating “pain and suffering” or non-economic damages is more challenging. You must put a price on the emotional distress, pain, discomfort, and loss of enjoyment of life. Non-economic damages also include compensation for scarring, disfigurement, and disabilities. In most cases, the more severe the injury, the higher the value of pain and suffering damages. If you are unsure how to value non-economic damages.

Contact a South Carolina Personal Injury Attorney for Help

Calculating the value of a personal injury claim can be difficult. If you are unsure how much your claim is worth, talk with a South Carolina personal injury attorney before accepting an insurance company’s settlement offer. A lawyer can offer an honest analysis of your claim to help you decide if the settlement offer is reasonable. Contact our office today.

What Are the Most Common Slip and Fall Injuries?

Posted on January 29, 2021

Slip and fall accidents account for some of the most frequent injuries treated in South Carolina emergency rooms. While some slip and fall injuries are minor and immediately apparent, many are not visible and may be life-threatening.

South Carolina personal injury attorneys urge all slip and fall victims to protect their health by seeking a thorough medical exam following the incident. Attending physicians will assess your physical condition after the fall and advise you regarding common slip and fall injuries and their symptoms.

What are the Most Common Slip and Fall Injuries?

Slip and fall accidents can happen anywhere, at any time, and in any condition, and can easily wreak havoc in victims’ lives through resulting injuries. Five of the most common slip and fall injuries include:

Bruises and Soft Tissue Injuries

Bruises and soft tissue injuries often appear days or weeks after a slip and fall accident. While mild bruising generally heals on its own, other soft tissue injuries may cause severe pain and require medical treatment. Soft tissue injuries include torn ligaments, ripped tendons, wrist, and ankle sprains.

Cuts and Abrasions

Cuts and abrasions are generally considered among the milder injuries suffered in slip and falls. However, they can also indicate more serious underlying injuries and should be attended to by medical professionals. Cleaning the wounds promptly will reduce the risk of infection and determine if stitches are required or if other associated injuries such as broken bones or internal trauma exist.

Hip Fractures and Dislocations

Hip injuries are fairly common in slip and fall accidents, particularly in older fall victims. Hip fractures and dislocations often require surgery and physical therapy for complete recovery, both of which are painful, prolonged, and costly.

Head Injury

Concussions and traumatic brain injuries are among the most devastating slip and fall injuries suffered by fall victims. Because these injuries are not immediately evident, the risk of life-threatening complications is high. TBI symptoms are often undetected or mild at first, leading to a devastating delay in much needed medical diagnosis and treatment.

Back Injury

Back injuries run the gamut from compressed and dislocated discs to severed spinal cords resulting in paralysis. If you suffer a slip and fall injury and experience any pain in your neck or back, you must immediately seek medical attention. It is best not to move and receive medical attention on-site or to be transported by emergency responders to the nearest hospital for immediate treatment.

Contact a South Carolina Slip and Fall Injury Attorney Today

If you or someone you love has suffered a South Carolina slip and fall accident, seek medical treatment immediately. Your health and well-being are your first priority.

After you have been attended to by medical professionals, you may experience feelings of confusion and anger, questioning what caused the fall, and if anyone is responsible.

An experienced personal injury attorney can help you sort through your questions and determine if you are entitled to compensation for your injuries.

Contact our office today for a comprehensive case assessment with a qualified South Carolina personal injury attorney. Together, we will review the facts of your accident and strive to win you the compensation you deserve to aid in healing and recovery.

What to Do if You’ve Been Hit by a Car While Riding Your Bike

Posted on January 28, 2021

When it comes to cyclists and cars sharing the road in South Carolina, cyclists are considerably more vulnerable than their counterparts. In response, bicycle lobbyists have been active in promoting stronger protections that ensure cyclists can safely enjoy their hobby amongst other road users.

But what do you do if you’ve been hit by a car while riding your bike?

South Carolina personal injury attorneys offer a few tips to follow after a bike accident with a car.

Top 10 Tips After a Bike Accident With a Car:

1. Remain calm and get your bearings.

Remain calm and alert to the situation and your surroundings. Behaving emotionally or irrationally could distract you from essential safety measures and necessary next steps following the collision.

2. Get out of the roadway.

You’ve already been hit once and are likely injured as a result. The faster you can remove yourself from the danger of additional vehicle traffic, the better off you are. Leave your bike and other belongings and pull yourself to safety.

3. Stay quiet.

Do not apologize or admit fault. Do not speak to any insurance representative of the other party.

An at-fault party will attempt to deflect blame and use anything you say against you. The best thing to do is to politely remain quiet, answering only essential questions posed by law enforcement and other first responders.

4. Assess your injuries and call for emergency aid.

Take note of any personal injuries, photographing them if possible. Request immediate medical aid and accept emergency medical treatment at the scene.

5. Exchange information with the driver of the vehicle.

Write down the driver’s name, contact information, and insurance information. Also, note the make, model, and license plate of their vehicle.

6. Gather witness information.

Collect witness names and contact information. Witness accounts of the accident can help prove negligence on behalf of the driver, and help substantiate an injury accident claim.

7. Document evidence.

Write down any important details of the accident, including weather conditions, road conditions, road hazards, road safety signs, obstructions to visibility, surrounding conditions, or distractions.

When possible, take pictures of the accident scene and surrounding area. Take photos from many different angles and vantage points. If you don’t have a cell phone or other camera with you or cannot physically document evidence, ask a bystander to do so on your behalf for later use of the information.

8. Seek follow-up medical attention.

It’s imperative you seek comprehensive follow-up medical attention. A complete physical exam may reveal internal injuries or soft-tissue injuries undetected by emergency responders.

Any delay in diagnosing or treating injuries could compromise a future claim for financial damages related to your injuries.

9. Contact a personal injury attorney.

An experienced personal injury attorney can determine if you have a viable compensation claim resulting from the car vs. bike crash. They will also represent you to the opposing party’s insurance company, helping to avoid any misstatements that could be later used against you in your lawsuit.

10. Maintain a journal of evidence and medical records.

Your bicycle crash lawyer will need as much evidence as you can provide for your car accident injury claim. Maintain a journal documenting any recollections of the events leading up to and after the car vs. bike collision.

Also, document all injuries, treatment plans, and ongoing symptoms. Be sure to record the impact of physical injuries and psychological trauma on your daily life and relationships. These records are critical when seeking non-economic losses such as pain and suffering or loss of consortium.

Contact a South Carolina Personal Injury Attorney Today

South Carolina motorists and cyclists must share the road responsibly for everyone’s safety. When accidents happen between cars and cyclists, severe injuries with lasting consequences often result.

If you or someone you love has been injured in a car vs. bicycle accident, you may be entitled to financial compensation from the at-fault party. While money can’t erase the pain from an injury accident, it can help secure medical and other resources needed for recovery and healing.