Pedestrian & Bicycle Accident ClaimsServing Alabama, Georgia & South Carolina

Pedestrians and cyclists have almost no protection when a vehicle strikes them, so these collisions tend to cause severe, life-changing injuries. Victims also face the same challenge that confronts motorcyclists: drivers and insurers who try to shift blame onto the person on foot or on the bike. Alabama's contributory negligence rule can make that defense fatal to a claim, and Georgia and South Carolina's comparative rules make it costly.

This guide explains how pedestrian and bicycle accident claims work in Alabama, Georgia, and South Carolina: how right-of-way and fault are decided, how the blame-shifting defense is countered, what coverage may apply, and the steps that protect your recovery. It is written for injured pedestrians and cyclists, and a conversation about your specific case is always free.

Why Your State's Fault Rule Makes Early Legal Help Critical

The single most important rule in your case depends on the state where you were hurt. Alabama is one of only a small handful of states that still follows 'pure contributory negligence': if the insurance company or a jury concludes you were even one percent at fault for your own injury, you can be barred from recovering anything at all. Georgia and South Carolina instead apply modified comparative negligence: in Georgia you can recover if you were less than 50% at fault, and in South Carolina if your share of fault does not exceed 50%, with your award reduced by your percentage of fault.

Under every one of these rules, how fault is allocated shapes the outcome. Defense lawyers and insurance adjusters spend a great deal of effort trying to place blame on the injured person: in Alabama because a sliver of fault erases the claim entirely, and in Georgia and South Carolina because every percentage point of blame is money off the verdict. A stray comment, a social media post, or an offhand statement to an adjuster can be read as an admission of partial fault. Knowing that this is how the process works, and being careful from the first day, often makes the difference between a full recovery and a much smaller one, or none at all.

Right of Way and the Blame-Shifting Defense

Drivers who hit pedestrians and cyclists frequently claim the victim 'darted out,' was not in a crosswalk, or was riding unpredictably. Under Alabama's contributory negligence rule, even a small share of fault assigned to the victim can defeat the entire claim; in Georgia and South Carolina, every point of blame cuts the award, and in Georgia 50% ends it while in South Carolina recovery ends only once the victim's fault passes 50%. These arguments are not minor; they are the heart of the defense.

Countering them requires evidence: the precise location of the impact, traffic signals and signage, surveillance and traffic camera footage, and witness accounts. Establishing that you had the right of way, or that the driver failed to yield or was distracted, is central to the case.

Insurance Coverage May Come From Unexpected Places

Even though you were on foot or on a bicycle, auto insurance is usually still the source of recovery, beginning with the driver's liability coverage. If the driver fled or was uninsured, your own auto policy's uninsured motorist coverage may apply even though you were not in your car.

Identifying every applicable policy early can significantly affect the outcome, especially in serious-injury cases where a single policy is not enough.