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.

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

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