Whether cycling to Furman, jogging through Cleveland Park, or walking your dog near Travelers Rest, the Swamp Rabbit Trail (“SRT”) is a treasure in the Upstate. But that doesn’t mean it’s immune to danger.
When someone’s careless actions—or a failure to maintain the path—lead to serious injury, you have a right to ask: What now?
As a personal injury attorney in Greenville, I help bikers and pedestrians injured in accidents understand their options and pursue accountability. Explaining your rights through the lens of an accident on the SRT is an easy way to know how you may be entitled to compensation in a bike or pedestrian accident.
Types of Trail-Related Accidents | Who’s Responsible
Below are some of the most common (and serious) accidents. If your situation fits one of these, you may have legal grounds to seek compensation for medical costs, lost wages, or long-term harm.
Cyclist vs. Cyclist Collisions
Cycling accidents between riders happen when someone is going too fast for conditions, doesn’t announce themselves while passing, or is distracted.
Injuries can be severe, from concussions to broken bones, and liability often hinges on trail etiquette and local ordinances. These injuries can also linger and trigger long-term health issues.
Cyclist vs. Pedestrian Collisions
These are some of the most emotionally charged incidents we see. Pedestrians often feel like they’re in a safe space, and then suddenly, they’re on the ground.
A cyclist who fails to slow down, doesn’t give verbal notice, or chooses to ride aggressively can be held responsible. The injuries to pedestrians, especially older adults or children, can be severe and sometimes life-changing.
Animal Attacks or Dog-Related Injuries
South Carolina has clear laws around dog owner liability, and the trail is no exception.
A dog on a leash that’s not under control can easily cause injury, even if it doesn’t bite.
Knockdowns, scratches, or defensive reactions from startled cyclists all count. You may have a valid claim if someone’s failure to control their animal caused your injury.
Injuries Caused by Trail Conditions or Infrastructure Issues
The beauty of a trail like the SRT depends on good design and ongoing maintenance.
Uneven pavement, exposed roots, poor lighting, or lack of signage can also create dangerous conditions, especially when those responsible for maintenance knew or should have known about the problem.
Depending on where the incident occurred, the liable party could be a government agency, a nonprofit, or a private landholder.
Accidents at Roadway Intersections
While not technically on the trail, several high-risk crossing points are part of the experience. In 2021, Carli Soukup, a local elementary school teacher, was struck and killed by a reckless driver while biking near Sulphur Springs Road. The driver fled the scene.
In another incident, Erick Martinez was seriously injured near the Furman section of the trail after being hit by a car. He suffered multiple fractures and brain bleeding.
Drivers share the responsibility to watch for trail users, but the consequences of not doing so can be devastating.
What to Do If You’ve Been Hurt
If you or a loved one has been injured on the SRT, these are the steps to take:
- Seek medical attention—even for what seems like a minor injury.
- Take photos and document the scene—hazards, injuries, bike/equipment damage, etc.
- Get witness contact info if anyone saw what happened.
- Report the incident to the appropriate local authority (city, county, or trail management).
- Talk to a personal injury attorney before dealing with insurance or other parties.
Accountability Isn’t About “Suing Someone” | It’s About Moving Forward
One of the most common mistakes I see people make is assuming the factors that contributed to their accident don’t entitle them to compensation.
No one goes out for a ride or a run expecting to end up in a hospital. But if it happens, your recovery shouldn’t be derailed by someone else’s negligence or the fear that speaking up makes you part of the problem.
You’re not looking to blame. You’re looking to heal, rebuild, and protect your rights. That’s what I help people do every day.
Here are key legal trends and liability trends SRT users should keep in mind:
- Shared-Use Trails = Shared Responsibility
As cyclists, runners, walkers, and families use more trails like SRT, there’s growing legal emphasis on user awareness and conduct.
- Courts are starting to expect a higher duty of care from cyclists, especially in mixed-use areas.
- Failing to announce when passing, riding too fast for conditions, or ignoring signage can make a cyclist liable for pedestrian injuries.
- “Trail etiquette” is becoming a legal factor, especially if widely posted or part of a community standard.
- Governmental Immunity Isn’t Absolute
Cities, counties, or parks departments may claim sovereign immunity to shield themselves from liability, but that protection is not always airtight.
- If there’s evidence that a known hazard—like a broken bridge rail, poorly maintained surface, or damaged signage—was ignored, a failure to act on notice could open the door to a valid claim.
- Some jurisdictions soften immunity rules when recreational use and public safety intersect, especially for trails promoting tourism and daily commuting.
- Increased Use = Increased Surveillance & Data Evidence
Accident claims today are supported not just by witness statements, but by:
- Phone data, ride logs (like Strava or Garmin), fitness trackers, and timestamped video from GoPros or public trail cameras.
- App-based crash mapping helps show that specific trail areas are accident-prone or poorly designed.
If you’ve been injured, digital records from your device or other parties may strengthen your case. And if the area has a history of incidents, that matters.
- Leash Laws and Pet Liability Are Under Greater Scrutiny
Dog-related injuries are rising on public trails. States like South Carolina hold pet owners strictly liable for injuries their animals cause, even if the dog didn’t bite.
- Dogs that knock someone over, cause a cyclist to swerve into danger, or are not under control are all potential sources of liability.
- Failure to leash a dog in designated areas can quickly escalate from a minor trail rule violation to civil liability for injury.
- E-Bikes and Micromobility Devices Add Legal Complexity
E-bikes, scooters, and other fast-moving personal devices create a gray area on many trails.
- Were they allowed on that section of the trail?
- Was the rider trained or operating the device recklessly?
- Was the trail designed to handle that type of traffic?
Injury claims involving e-bikes often hinge on local trail policy and enforcement, or lack thereof.
- Negligence Isn’t Just About the Moment of Impact
Recent case law increasingly considers the broader context of an injury.
Were there obstructions that the city failed to address?
Had other users previously reported a hazard that caused your accident?
Was a cyclist or dog owner a repeat offender?
Proving negligence may involve more than just pointing to the other party, and it can include showing a pattern of oversight or failure to act.
If You’ve Been Hurt on the Trail, Let’s Talk
When someone is hurt on a trail, questions of liability can get complicated fast. Was another trail user careless? Did poor maintenance play a role? Should a city or county have done more to prevent this?
Whether your case involves another trail user, an unleashed dog, or poor maintenance, I’m here to listen. I’ll honestly assess your options and guide you through what comes next, with compassion and clarity.
You deserve to understand what went wrong, who should be accountable, and what steps to take. An experienced attorney can help investigate your injury, interpret the relevant laws, and build a case that reflects the full picture, not just the moment of impact.
If you need help, I’m here. I’ll listen. I’ll work a complex case on your behalf. Reach out today HERE.
