What if a bicyclist collides with a motor vehicle while trying to avoid a pothole?
If a bicyclist collides with a motor vehicle while attempting to avoid a pothole in South Carolina, the bicyclist will most likely be held liable for any damage or injury that results from the accident. This is because South Carolina follows the doctrine of comparative negligence, which holds that the person or party that was most at fault for the accident will be held responsible for the resulting damages. In this case the bicyclist would likely be held liable because the motor vehicle had the right-of-way and the bicyclist attempted to avoid a pothole which should have been taken into account when navigating the road. If the motor vehicle driver is found to be at least partially at fault, then the bicyclist may be eligible for damages related to their injuries and other costs associated with the accident. To determine the extent of their liability, both the driver and the bicyclist will need to provide evidence to the court. This may include witness accounts, photographs, and other evidence to support their perspectives on the incident. Depending on the outcome of the trial, the bicyclist may be able to recover compensation for medical bills, lost wages, and other economic damages. In any case, it is important that the bicyclist consult with a qualified bicycle accident attorney to ensure that their rights are protected.
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