Spartanburg Bicycle Accident Lawyer
Lack of visibility, the underlying cause of most bicycle accidents, does not excuse negligence. If anything, visibility issues enable the Spartanburg bicycle accident lawyer at The Stanley Law Group to obtain additional compensation for victims.
Many bicycle crash victims are small children. Small children on small bicycles are hard to spot, especially amongst a sea of large vehicles, such as pickup trucks and SUVs. This difficulty means drivers have an extra responsibility to slow down and be more careful, especially if children are in the area. Children deserve special protection under the law.
Right-turn bicycle wrecks are another good example. Most drivers look to the left when they turn right. So, they often don’t see pedestrians in the crosswalk to their right, or bicyclists moving straight ahead on their right. Once again, position doesn’t excuse negligence. If anything, position enhances the duty of care in these cases.
How Does a Spartanburg Bicycle Accident Lawyer Build a Case?
Compensation is available if a Spartanburg bicycle accident lawyer proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
Tortfeasors (negligent drivers) breach their duty of care if they fail to properly watch for bicyclists. Despite what many drivers think, bicycles are vehicles too. They have the same rights as everyone else.
Frequently, in these failure-to-watch cases, the tortfeasor tells the victim something like “I never saw you” or “You came out of nowhere.” For some reason, many tortfeasors think these lines are legal excuses. But they’re pro-victim evidence in the case. More on that below.
Operator impairment, like driving under the influence of alcohol, causes many bicycle crashes as well. Alcohol impairs judgment, including things like judging the distance between yourself and another vehicle or the speed of an approaching bicyclist.
Evidence in a bicycle collision matters usually includes the tortfeasor’s formal or informal statements, the police report, witness statements, and medical bills.
Sometimes, this evidence is not enough to obtain maximum compensation. Medical bills are a good example. Frequently, these documents precisely detail diagnosis, treatment, and cost information. But they do not include any details about the victim’s pain level. So, in these situations, a lawyer often partners with an independent doctor, who fills in the gaps.
How Does a Lawyer Resolve a Case?
Almost all bicycle wreck claims settle out of court. However, they usually do not settle quickly, and for good reason.
Frequently, the best evidence, such as the aforementioned independent medical evaluation, is not immediately available. Furthermore, if the settlement does not fully account for all possible future medical expenses, the victim could be financially responsible for these costs.
So, informal settlement talks usually begin after medical treatment is at least substantially complete. Normally, the lawyers on each side exchange letters or phone calls.
If the informal process stalls or breaks down, the judge usually appoints a third-party mediator. The mediator ensures that both sides negotiate in good faith. “I’ll see you in court” is not a good-faith negotiation position. Mostly because of this legal responsibility, civil mediation is about 90 percent successful in South Carolina.
Count on a Savvy Spartanburg County Lawyer
Injury victims are entitled to significant compensation. For a free consultation with an experienced bicycle accident lawyer in Spartanburg, contact The Stanley Law Group. We do not charge upfront legal fees in these matters.
