What if the bicycle accident was caused by a dangerous road condition?

If a bicycle accident was caused by a dangerous road condition in South Carolina, the injured cyclist may have a claim against the responsible party. In some cases, this could be a governmental agency that designed, maintained, or repaired the road. South Carolina has an 1888 law called the South Carolina Torts Claims Act (TCA) that establishes when the government can be held liable for a person’s injuries. Under the TCA, a dangerous road condition must have caused the accident and the government must have been negligent in maintaining the roads. In addition, the injured party must file a claim with the responsible government agency within three years of the date of the accident and must provide the government agency with information related to the incident. If the driver of a vehicle was primarily at fault for the bicycle accident caused by a dangerous road condition, the cyclist may have a claim against that driver. South Carolina is a “fault state,” meaning that the driver who caused the accident is financially responsible for any damages and/or injuries incurred. Under South Carolina law, cyclists have the same rights as drivers of motor vehicles and, if the cyclist is found to be less than 50 percent at fault for the accident, the cyclist may be eligible for damages. The cyclist may also be able to pursue a claim against the liable party through a civil lawsuit by seeking compensation for medical bills, lost wages, pain and suffering, and other damages. In order to succeed in a civil lawsuit, the injured cyclist must prove that the liable party was negligent and that the negligence caused the cyclist’s injury or death.

Related FAQs

What if I am injured while riding a bicycle on a sidewalk?
Who is liable if I am injured on a bicycle due to a defective product?
What if the driver who caused my bicycle accident was not maintaining their vehicle?
What if I cannot identify the driver who caused my bicycle accident?
How can I prove the extent of my bicycle accident injuries?
What if the driver causes a bicycle accident while under the influence?
What if I am injured while riding a bicycle on a public road?
What if I am injured while riding a bicycle on a private road?
What if I am not sure who is responsible for my bicycle accident?
What if the at-fault driver does not have insurance?

What if the bicycle accident was caused by a dangerous road condition?

Related FAQs

Related Blog Posts