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Dealing with Accidents Involving Pedestrians or Cyclists: Your Rights Matter

Attorney Gary Christmas in front of an accident scene, with pedestrians injured.

Everyone deserves to feel safe — whether behind the wheel or on foot. At Christmas Injury Lawyers, we know that dealing with accidents involving pedestrians or cyclists can turn your world upside down in an instant. You may be left with severe injuries, mounting medical bills, lost wages, and emotional trauma — all because someone failed to follow traffic laws or simply didn’t pay enough attention.

Understanding Bicycle Accidents and Pedestrian Collisions

Accidents involving cyclists and pedestrians can happen anywhere — at cross streets, in protected bike lanes, or even on sidewalks. Many drivers forget that bicycles are considered motor vehicles under South Carolina law and must share the road responsibly. A bicycle pedestrian collision often results in the most serious injuries because cyclists and pedestrians have little to no protection against oncoming traffic.

When a negligent driver ignores speed limits or fails to obey traffic signals, the results can be devastating. Head injuries, spinal damage, and other physical injuries are common in pedestrian and bicyclist injuries. Sadly, pedestrian and bicyclist fatalities are on the rise in South Carolina and across the country.

Dealing with Car Accidents That Involve Pedestrians or Cyclists

Car accidents involving cyclists and pedestrians can cause severe injury and lifelong trauma. If you’re facing pedestrian and bicyclist injuries after a motor vehicle crash, you deserve to know your rights and options. Our team understands how to handle these unique cases and stand up to the insurance company on your behalf.

Safety Measures to Prevent Cycling Accidents

Collage showing pedestrian safety tips, including using safety equipment

While nothing guarantees your safety entirely, taking the right steps can reduce your risk:

  • Wear a properly fitted bicycle helmet every time you ride.
  • Use bright or reflective clothing to stay visible.
  • Always follow traffic signals and traffic control devices.
  • Stick to designated bike lanes or protected bike lanes when possible.
  • Walk facing traffic when sidewalks are unavailable.
  • Never assume drivers see you — make eye contact when crossing.

What to Do at the Accident Scene

After such an accident, your safety comes first. Seek medical help immediately. Then:

  • Call 911 and file a police report.
  • Gather witness statements and photos of the accident scene.
  • Get the driver’s insurance information.
  • Notify your own insurance company, even if you weren’t driving.
  • Keep medical records of your injuries and treatments.

Determining Fault in Bicycle Pedestrian Accidents

Determining fault can be complex. Was the driver distracted? Did they follow local traffic laws and safety measures? Was there pedestrian negligence? Who failed to obey traffic signals or speed limits? An experienced personal injury attorney will investigate every angle — from road users’ actions to whether the cyclist hits the pedestrian or vice versa. This careful approach ensures your personal injury claim is built on solid evidence.

How Our Team Fights for Injured Pedestrians and Cyclists

When you work with Christmas Injury Lawyers, you’re never alone. We know the insurance company will try to minimize what they owe you. We level the playing field so you get the full amount for medical bills, lost wages, lost earning capacity, and emotional trauma caused by pedestrian accidents or bicycle accidents. We’re trial lawyers — we don’t just settle. We fight to hold negligent drivers accountable for pedestrian injuries, pedestrian fatalities, or bicyclist injuries.

What Damages Can You Recover After a Pedestrian or Cycling Accident?

Damages you can recover after a bicycle accident

Your claim may cover:

  • Medical Expenses: Hospital stays, ongoing care, rehabilitation, and therapy for physical injuries.
  • Lost Wages & Earning Capacity: Income you’ve lost and what you may lose in the future.
  • Pain and Suffering: The emotional impact and daily pain that come with severe injury.
  • Property Damage: If your bike or personal items were damaged.

We work tirelessly to hold insurance companies accountable for your full recovery.

FAQs About Accidents Involving Cyclists and Pedestrians

Should I talk to the other driver’s insurance company after such an accident?

Never give a recorded statement or accept a quick offer without speaking to a pedestrian accident lawyer first. The insurance company wants to protect their bottom line — not you.

What if I wasn’t wearing a bicycle helmet?

Not wearing a helmet does not automatically make you at fault. South Carolina law still requires drivers to exercise caution and follow safety measures to protect cyclists and pedestrians.

Can I still file an insurance claim if I was partially at fault?

Yes. South Carolina follows comparative negligence rules. Even if you share some blame, you may still recover damages for your medical expenses, lost wages, and other losses.

How long do I have to file a personal injury claim?

In South Carolina, you generally have three years from the date the accident occurred. The sooner you contact an experienced attorney, the better your chances.

What evidence helps prove my case?

Photos of the accident scene, medical records, witness statements, and the police report all play a role. Your lawyer will also look at local traffic laws, traffic signals, and other details to prove who was at fault.

How does my auto insurance coverage affect my claim?

Your own auto insurance coverage can help pay for medical expenses and lost wages, even if you were a pedestrian or cyclist when injured. An experienced attorney can review your policy and handle the insurance company for you.

Injured? Get the Legal Representation You Deserve

legal team working hard to get the settlement you deserve.

If you or a loved one has suffered pedestrian and bicyclist injuries in a motor vehicle accident, don’t let the insurance company take advantage of you. You need an advocate who understands the unique challenges of bicycle pedestrian accidents and pedestrian accident cases.

At Christmas Injury Lawyers, we’re ready to fight for your rights, medical treatment, and every dollar you’re owed. Call us now at (843) 380-4112 or click ‘Contact Us’ to start your claim today. Everyone deserves to feel safe — we’ll fight for your protection.

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Our Charleston Personal Injury Lawyers are Here to Help You

At Christmas Injury Lawyers, our South Carolina injury lawyers provide representation after collisions, work accidents, construction accidents, accidents on property, and many other types of personal injuries. We believe firmly in the rights of injured victims and we have dedicated our careers to fighting for those whose lives have been derailed by accidents.

North Charleston Office
(843) 874-6564
1495 Remount Road
North Charleston, SC
Summerville Office
(843) 874-6564
105 S Cedar 
Suite D 
Summerville, SC 29483
Mt. Pleasant Office
(843) 874-6564
250 Mathis Ferry Road.
Suite 102
Mt. Pleasant, SC 29464
Columbia Office
(803) 766-0707
3135 Millwood Ave
Suite A3
Columbia, SC 29205
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute client relationship. Every case is different and past results do not mean that the same results can be achieved in a different case. For contingency fees, attorney's fees are calculated before client case costs/expenses. 
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