Unfortunately, our state has one of the worst records for bicycle safety. According to the South Carolina Department of Transportation (SCDOT), our state’s cyclist traffic fatality was above the national average in nine of the last 10 years for which there was comprehensive data. Cyclists have a right to the road in South Carolina. Though their right is not quite identical to that of drivers, it is by no means secondary. Here, our bicycle accident attorney in Charleston provides a guide to cyclist rights in South Carolina.
Cyclists Have a Legal Right to Use South Carolina Roadways
South Carolina recognizes bicycles as vehicles under state law (S.C. Code § 56-5-160). In other words, cyclists have the right to operate on public roads. Motorists must treat a cyclist as a lawful roadway user. That means drivers must provide a safe passing distance, must yield when required, and must exercise due care. Cyclists do not need to prove superior rights. They simply need to show they were operating in accordance with state law.
In South Carolina, courts view cyclists as legitimate traffic participants, not obstacles or secondary road users. Notably, drivers must exercise heightened caution around cyclists because a rider’s physical vulnerability increases the severity of any collision. South Carolina requires motorists to leave a safe operating distance when passing a cyclist.
Note: There are certain types of roads, specifically interstate highways, that prohibit bicycles in South Carolina. Cyclists should not ride on these roads.
Cyclists Have an Obligation to Follow the Rules of the Road
The legal right to ride on public roads comes with legal duties. Cyclists must obey traffic signals, stop signs, and lane-control devices. Another important duty that they have is that they must ride as near to the right side of the roadway as practicable unless they are preparing to turn left, avoiding road hazards, or traveling at the same speed as surrounding traffic. Cyclists may use the full lane when conditions demand it. South Carolina recognizes that roadway debris, narrow lanes, and unsafe passing areas make strict right-side placement dangerous.
Injured Cyclists Deserve Full and Fair Compensation
Hurt in a bike accident in Charleston or elsewhere in South Carolina? You have the right to seek compensation for the full extent of your damages, including non-economic damages. Do not rely on any insurance company to look out for your rights and your interests. Along with other losses, you may be entitled to recover compensation for:
- Property damage, including bicycle repairs;
- Ambulance costs and emergency room care;
- Hospital bills and other health care costs;
- Physical therapy and rehabilitative treatment;
- Loss of current and future income;
- Pain and suffering and mental distress;
- Disability or disfigurement; and
- Wrongful death of a family member.
Call Our Charleston, SC Bicycle Accident Lawyer for a Free Case Review
At Query Sautter & Uricchio, LLC, our Charleston personal injury lawyer handles all types of bicycle accident cases. If you or a family member was hurt in a bicycle crash, we can help. Please do not hesitate to contact us today for your free case review. With an office in Charleston, we handle bicycle accident cases throughout South Carolina.