Injured on the Swamp Rabbit Trail? Here’s What You Need to Know

Emily

Picture a spring Saturday on the Swamp Rabbit Trail. You’ve got cyclists headed up toward Furman, joggers weaving through Cancer Survivors Park, people walking their dogs at Falls Park, kids on scooters, strollers, all of it. It really is one of the big community favorites in the Upstate.

James

It's an absolute treasure. And after the winter we had here in Greenville, I think we're all ready for it. It’s this shared space where people are commuting, training, or just grabbing ice cream and taking a slow walk. You’ve got all different speeds and abilities on the same path, and most folks really are trying to be considerate.

Emily

And when you mix all of that together—bikes, runners, walkers, dogs, families—accidents are gonna happen from time to time. Not because everyone’s being reckless, but just because it’s a busy shared trail with different activities.

James

Exactly. And the team of Personal Injury lawyers here at Bannister, Wyatt & Stalvey has seen what happens when a fun outing on the Swamp Rabbit suddenly ends with somebody on the ground, or in the ER, or trying to figure out why they’re still hurting weeks later.

Emily

It's a common question: “I don’t even know what just happened. Were they at fault? Was I at fault? Is it just bad luck?” People sort of freeze because they don’t wanna overreact, but they also know something’s not right.

James

Right, and that’s really the heart of this episode. We’re not here to scare anyone away from the trail. We’re talking about what to do when someone’s careless actions, or even a failure to maintain part of the path or a crossing, leads to a serious injury.

Emily

And we wanna talk to two kinds of listeners. First, if you’ve been hurt—maybe you’re the cyclist who went down, or the pedestrian who got knocked over—you probably wanna know, “What now? Do I have options?”

James

And second, there are the situations where it’s not immediately clear who the “victim” is. Two cyclists collide, or a biker and a walker both end up injured, or there’s a dog involved. People feel bad, they blame themselves, they blame each other, and they’re just confused about what responsibility or liability looks like.

Emily

So we’re gonna walk through the most common types of accidents we see on the Swamp Rabbit Trail, who might be responsible in those situations, and then, really important, the steps to take if you or someone you love gets hurt out there.

James

And we’ll also talk about some legal trends that are shaping how courts look at these cases: shared responsibility on mixed‑use trails, how governmental immunity really works when there’s a known hazard, what leash laws and pet liability look like, and even things like e‑bikes and digital data from apps and devices.

Emily

If you walk away with nothing else today, we want you to know this: if you’re injured on the Swamp Rabbit Trail, you do have the right to ask questions. You have the right to understand what went wrong, who should be accountable, and whether you’re entitled to help with medical bills, lost wages, or long‑term effects.

James

And speaking up about that isn’t about being litigious or trying to “sue someone” for the sake of it. It’s about healing, rebuilding, and making sure the people or entities who contributed to the problem take appropriate responsibility so you’re not carrying all of it alone.

Emily

Alright, let’s get into some specific situations, starting with cyclist‑versus‑cyclist collisions. Two bikes, same trail, not a lot of room for error.

James

Yeah. Those cycling‑against‑cycling accidents usually happen when someone’s going too fast for the conditions, doesn’t announce themselves while passing, or they’re distracted. It can be as simple as a rider flying up behind another cyclist and not saying “on your left,” or trying to weave through a crowd at a speed that just doesn’t match what’s going on around them.

Emily

And when cyclists collide, injuries can be pretty serious—concussions, broken bones, injuries that linger or trigger long‑term health issues. So you’re not just talking about a scraped knee and a bent wheel.

James

Exactly. And in those cases, liability often hinges on trail etiquette and local ordinances. Courts are starting to expect a higher duty of care from cyclists, especially in mixed‑use areas like the Swamp Rabbit. So if someone fails to announce when passing, rides too fast for the conditions, or ignores signage, that can make a cyclist legally responsible for the injuries they cause.

Emily

And that overlaps with the next category: cyclist‑versus‑pedestrian collisions. Those are some of the most emotionally charged incidents because pedestrians often feel like they’re in a safe space, and then suddenly they’re on the ground.

James

Right. A cyclist who doesn’t slow down, doesn’t give verbal notice, or chooses to ride aggressively in a crowded area can be held responsible when someone gets hurt. And when that pedestrian is an older adult, or a child, those injuries can be severe and sometimes life‑changing.

Emily

So etiquette, communication, and speed for the conditions aren’t just good manners—they’re part of what courts look at. “Trail etiquette” is actually becoming a legal factor, especially if it’s widely posted or part of the community standard on a trail like the SRT.

James

Then there are animal‑related incidents. On the Swamp Rabbit, you see a lot of dogs, and South Carolina has pretty clear laws around dog owner liability. The trail is no exception. A dog on a leash that’s not under control can easily cause injury, even if it never actually bites anyone.

Emily

We’ve seen knockdowns, scratches, and those chain‑reaction situations where a startled cyclist swerves to avoid a dog and ends up over the handlebars. And states like South Carolina hold pet owners strictly liable for injuries their animals cause, even if the dog didn’t bite. So an out‑of‑control leash, or no leash where one is required, is a big deal.

James

Right. Dogs that knock someone over, cause a rider to swerve into danger, or are just not under control are potential sources of liability. Failure to leash a dog in designated areas can go from “I didn’t follow a trail rule” to “I’m on the hook for someone’s medical bills.”

Emily

Another category is injuries tied to the trail itself: conditions or infrastructure issues. The beauty of a trail like the Swamp Rabbit depends on good design and ongoing maintenance. But if you’ve got uneven pavement, exposed roots, poor lighting, or lack of signage, that can create problems.

James

And those cases can be complex because, depending on where the incident occurred, the responsible party could be a government agency, a nonprofit, or a private landholder. Governmental entities often claim sovereign immunity to shield themselves from liability, but that protection isn’t always airtight—especially if there’s evidence that a known hazard was ignored.

Emily

Then you’ve got the roadway intersections that are technically off the trail but still part of the experience. There was that heartbreaking case 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.

James

And another incident involved Erick Martinez, who was seriously injured near the Furman section of the trail after being hit by a car. He suffered multiple fractures and brain bleeding. Those examples really show how drivers share the responsibility to watch for trail users—and how devastating it can be when that doesn’t happen.

Emily

And in those intersection and maintenance cases, responsibility is sometimes shared or not immediately obvious. Was it the driver? The design of the crossing? The lack of signage or markings? That’s where investigation matters, because it’s rarely just one simple factor.

Emily

So if you’ve been listening and thinking, “Okay, that sounds a lot like what happened to me,” let’s talk about the concrete steps to take next.

James

First, seek medical attention—even if it seems like a minor injury. I know how tempting it is to say, “I’ll walk it off,” especially if you’re embarrassed or you feel partly at fault. But some injuries, like concussions or internal injuries, don’t show themselves right away. We talk alot about how injuries that disrupt a life can be hidden at first, revealing themselves much further down the road. We’re talking about headaches, stiffness that becomes sharp pain, brain fog, and dizziness that wasn’t there before. Getting checked out protects your health and also documents what happened.

Emily

Delayed injuries aren’t unusual or exaggerated. They can be genuine, and if they begin impacting your ability to work, they can have serious consequences. There’s a reason most courts provide accident victims with an extended timeframe—sometimes up to three years after an accident—to fully understand the extent of their injuries.

Emily

So, after that, if you’re able, or if a friend can help, take photos and document the scene. Get pictures of any hazards, like uneven pavement or a missing sign, your injuries, and any damage to your bike or equipment. That visual record can be really important later, especially if conditions get repaired or cleaned up.

James

Then, get witness contact information if anyone saw what happened. A quick note with a name and phone number can make a huge difference when you’re trying to piece things together for insurance, or for a legal claim, or honestly just for your own peace of mind.

Emily

You also wanna report the incident to the appropriate local authority. That might be the city, the county, or whoever manages that section of the trail. The details vary, but the big idea is: keeping it private will hurt your case down the road. Creating a report helps document your injury and can also highlight hazards so they get addressed.

James

And then, before you start dealing with insurance adjusters, or agreeing to anything, talk to a personal injury attorney who understands these kinds of trail cases. We discussed this before, but victims can seriously undercut their own claims because they thought it was “just a conversation” with an insurance company.

Emily

And that brings us back to the mindset piece. Accountability isn’t about “suing someone” just because you fell. It’s about making sure the right people take responsibility so you can heal and move forward. You’re not looking to blame—you’re looking to rebuild your life, secure financial support for medical treatment, and protect your rights.

James

When lawyers and courts sort out who’s really at fault in these types of accidents, they’re looking at a bigger picture than just the moment of impact. One big trend is recognizing that shared‑use trails mean shared responsibility. Cyclists, runners, walkers, families—everyone has to exercise reasonable care.

Emily

And that “reasonable care” is evolving. Courts are starting to expect more from cyclists in particular—things like announcing when you pass, riding at a speed that fits the crowd around you, and paying attention to signs. If someone blows through all of that, that’s gonna matter legally.

James

On the government side, like we mentioned, cities, counties, or parks departments may raise sovereign immunity. But if there’s evidence of a known hazard—a broken bridge rail, a badly maintained surface, damaged or missing signage—and they had notice and didn’t act, that can open the door to a valid claim. Some jurisdictions soften immunity rules when recreational use and public safety intersect on trails that promote tourism and daily commuting.

Emily

There’s also the role of digital evidence now. It’s not just “he said, she said.” You’ve got phone data, ride logs from apps like Strava or Garmin, fitness trackers, even timestamped video from GoPros or public trail cameras. App‑based crash mapping can show that certain areas are accident‑prone or poorly designed.

James

Right. If you’ve been injured, digital records from your own device, or from other parties, might strengthen your case. And if that stretch of trail has a history of similar incidents, that pattern really matters when you’re arguing that someone should’ve done more.

Emily

Coming back to dogs for a second, leash laws and pet liability are under greater scrutiny because dog‑related injuries on public trails are rising. In South Carolina, pet owners can be held strictly liable for injuries their animals cause—even without a bite. So if a dog knocks you over, or makes you swerve into a crash, or is off‑leash where it shouldn’t be, that’s not just an awkward moment on the trail. That can be a clear source of liability.

James

And then there’s the newer piece: e‑bikes and other micromobility devices. They add speed and complexity. A lot of claims end up turning on the details: Was that type of device allowed on that section of the trail? Was the rider operating it recklessly? Was the trail designed and managed with that kind of traffic in mind? Those are the gray areas we’re sorting through more and more. In fact, we will do a future episode of The Brief just on e-bikes.

Emily

And like you said earlier, negligence isn’t just about the split second where two people collide. Recent case law looks at the broader context. Were there obstructions the city failed to address? Had other users already reported the same hazard? Was a cyclist or dog owner a repeat offender? Sometimes proving negligence means showing a pattern of oversight or failure to act.

James

If you or someone you love has been hurt on the Swamp Rabbit Trail, you don’t have to untangle all of that by yourself. An experienced attorney can help investigate, interpret the relevant laws, and build a case that reflects the full picture—not just that one moment on the trail that changed your day or your life.

Emily

And if you’re sitting there thinking, “I don’t even know if I have a case, I just know something feels off about how this was handled,” it’s okay to reach out and ask. You deserve clarity about what went wrong, who should be accountable, and what your options are to move forward.

James

Alex and the team here at Bannister, Wyatt & Stalvey will listen, be honest about your options, and do the hard work if it’s a complex case. You’re not alone in this.

Emily

Alright, that’s where we’ll leave it for today. Get out there, enjoy the Swamp Rabbit, take care of each other on the trail—and if something does go wrong, remember you’re allowed to ask for help and for answers.

James

Emily, thanks for walking through this with me. And thanks to everyone listening. Take care, stay considerate out there, and we’ll talk with you next time.

Emily

Bye, everyone.