Another type of incident is when a driver or backseat passenger of a parked car opens their door directly in the path of a moving cyclist.
South Carolina law doesn’t require bike riders to wear helmets. When struck by a vehicle, an unhelmeted cyclist may suffer severe head trauma and brain injury. This includes both the motor vehicle collision and the subsequent impact with the pavement or other hard surfaces.
What to Do If Your Loved One Passes Away in a Bike Crash
It can be hard to manage the situation when you feel like you’re in a grief-stricken haze. Even so, it’s vital to take the necessary steps after a fatal bicycle accident to protect your legal rights to justice and fair compensation. Here’s what we recommend:
- Preserve evidence. South Carolina observes the doctrine of comparative negligence. Compelling proof is key to assigning fault and establishing liability.
- Seek legal counsel. Our wrongful death attorneys at Pracht Injury Lawyers will guide you through the complex legal process and discuss your options.
- Make final arrangements. This may include opening a probate estate, obtaining a death certificate, and arranging funeral and burial services.
- Initiate probate. Retrieve the will, if there is one, and determine the personal representative of the estate.
- File a wrongful death claim. The statute of limitations in South Carolina is three years, so it’s crucial to act quickly.
- Proceed with the case. With the help of our legal team, investigate the case, negotiate with insurance companies, consider settlement offers, and prepare for trial if necessary.
- Seek emotional support. Consider joining grief counseling or support groups for people undergoing similar circumstances.
Why You Should Pursue a Wrongful Death Case
Some wrongful death cases may have a parallel criminal case. South Carolina Code of Laws Section 56-5-2910 outlines penalties for reckless vehicular homicide. If found guilty of this felony, the driver may receive up to 10 years in prison, up to a $5,000 fine, and a driver’s license suspension of up to five years.
However, the outcome of the criminal case does nothing to compensate the families of accident victims. To seek recovery of any bike accident damages at all, you must file a civil lawsuit against the at-fault driver. The resulting settlement could help to relieve some of your family’s financial burden.
Recoverable damages in a wrongful death case may include:
- Property damage
- Medical bills
- Lost future earnings and benefits
- Funeral and burial expenses
- Emotional distress and trauma
- Pain and suffering
- Loss of consortium and companionship
- Punitive damages
A successful wrongful death lawsuit can hold liable parties accountable and deter future negligence. It won’t bring your loved one back, but it can provide some sense of closure and justice.
Hiring a South Carolina Fatal Bicycle Accident Attorney
Not all law firms are equally equipped to handle these types of cases. To improve your chances of a positive outcome, you need the right lawyer for the job. Pracht Injury Lawyers has served the families of wrongful death victims for years. We have established experience and knowledge with accident claims, including fatal bicycle crashes.
We strive to provide compassionate, empathetic, and effective legal representation. “I could not be more pleased with how Christopher Pracht and his paralegal Heather King handled my case,” a satisfied client states. “They worked diligently for over two years to make sure I got the best possible outcome, and they managed to turn a total nightmare into something with a positive ending.”
When millions of dollars could be on the line, you don’t want to leave your wrongful death bicycle accident case to chance. Your late family member deserves justice.
