Bicycle Accident Attorney in Charleston

Generally, the failure to add protection for bikers is not negligent, even if there is a fatal accident in the area. That’s why our Charleston bicycle accident lawyers victims advocate for change in city hall. Driver inattention, in one form or another, usually causes bicycle wrecks. Two main legal theories are available. Device distraction illustrates them both. South Carolina law bans texting and driving. If emergency responders cite drivers for this violation, and that violation substantially causes injury, the driver could be liable for damages as a matter of law. But the law is extremely narrow. Most people use their phones for many reasons, and texting is just one of them. Other activities include streaming video, taking pictures, playing games, and surfing the web.

These and other activities are technically legal for drivers. The ordinary negligence doctrine is available in these situations. These plaintiffs must prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. Most drivers have a duty of reasonable care. They must watch the road and drive defensively. Evidence on this point includes things like device use logs and the driver’s statements about cell phone use. At the Gus Anastopoulo Law Firm, our dedicated bicycle accident attorneys in Charleston work hard every day to build solid, evidence-based claims. We believe in simple values, like hard work, attention to detail, and open communication. As a result, we are usually able to achieve results that exceed our clients’ expectations.