Motorcycle accidents can result in catastrophic injuries that leave people facing significant physical, emotional, and financial challenges. Unlike enclosed vehicles, motorcycles offer little protection to riders and passengers, making motorcycle users particularly vulnerable on the road. A skilled Summerville motorcycle accident lawyer of Murphy Crantford Meehan can provide the legal and emotional support you need.
In the event of an accident, the consequences can be devastating, if you’ve been injured because of someone else’s wrongdoing. Call us today or reach out through our online contact form for a free consultation about how we can help.
Common Causes of Motorcycle Accidents
Motorcycle accidents are often the result of human error. Most motorcycle accidents are preventable and often result from the negligence of other drivers. Some common causes of motorcycle accidents include:
- Left-Turn Accidents – Collisions often occur when cars turn left in front of oncoming motorcycles at intersections, misjudging the motorcycle’s speed or failing to notice it.
- Speeding – Excessive speed reduces reaction times and increases the severity of accidents, making it harder for drivers to avoid collisions with motorcycles.
- Unsafe Lane Changes – Cars or trucks changing lanes without adequately checking blind spots can collide with motorcycles traveling in adjacent lanes.
- Tailgating – Vehicle drivers who follow motorcyclists too closely may be unable to stop in time to prevent an accident if the motorcyclist must stop suddenly.
- Distracted Driving – Using mobile phones, adjusting vehicle controls, or engaging in other distractions can divert drivers’ attention from the road, increasing the risk that they will collide with a motorcycle.
- Dooring Accidents – Drivers or passengers opening car doors without checking for approaching motorcycles can cause collisions.
- Driving Under the Influence – Alcohol and drugs impair a driver’s ability to make rational decisions and control their vehicles, significantly increasing the likelihood that they could cause an accident with a motorcycle.
- Failure to Obey Traffic Laws – Drivers of other vehicles that fail to yield motorcyclists the right of way often cause collisions at intersections or during lane changes.
Common Motorcycle Accident Injuries
Motorcycle accidents often result in severe injuries due to the lack of protection a rider has when compared to occupants of other vehicles. It is important for a motorcycle accident victim to seek immediate medical treatment and legal assistance. Timely medical evaluation can significantly impact insurance claims, and hiring an attorney can help navigate the complexities of motorcycle accident claims to secure fair compensation. Common motorcycle injuries include:
- Traumatic Brain Injuries (TBIs) – Helmets provide crucial protection, but motorcyclists can still suffer severe head injuries. TBIs can cause long-term cognitive issues, memory loss, emotional changes, and significant impacts on daily life.
- Spinal Cord Injuries – Motorcycle accidents can result in devastating spinal cord injuries, leading to partial or complete paralysis. Spinal cord injuries can drastically reduce a person’s quality of life and often require extensive, lifelong medical care and rehabilitation.
- Broken Bones – The force of a motorcycle crash frequently causes multiple fractures. These injuries may require surgeries, prolonged physical therapy, and extended recovery periods, and can severely impact the victim’s daily activities and quality of life.
- Road Rash – Skin abrasions, known as road rash, can occur during motorcycle accidents. Road rash, like burns, can lead to painful infections, permanent scarring, and nerve damage, and often require medical treatments such as skin grafts.
- Internal Injuries – Damage to internal organs, such as the liver, spleen, or kidneys, can be life-threatening and may require emergency surgery. Injuries of this type are difficult to detect immediately and can lead to severe, potentially fatal complications if not promptly treated.
Steps to Take After a Motorcycle Accident in Summerville
Being injured in a motorcycle accident in Summerville, SC, can be terrifying, leaving you overwhelmed, disoriented, and potentially injured. Motorcycle riders face unique challenges after an accident, including societal biases and stereotypes that can complicate the claim process. There are steps you can take to protect yourself, including:
- Seek Medical Attention – Your health and safety are your top priority. Obtain medical treatment immediately, even if your injuries appear minor. Early medical intervention can prevent complications, and having a documented medical record is crucial for your injury claim.
- Document the Scene – If possible, thoroughly document the accident scene by taking comprehensive photos of the location, your injuries, and any property damage. Get insurance and contact details from the other driver. Collect contact information from all witnesses, as their statements can be invaluable in establishing the facts of the accident.
- Report the Accident – File a detailed police report to document the incident officially. This report is critical evidence to support your claim and provide an unbiased account of the accident. If law enforcement arrived at the scene, they would have made a report. Obtain a copy.
- Avoid Making Statements – Do not speculate or make statements about the accident that could potentially harm your case or imply liability. This extends to communications with insurance companies, as seemingly innocuous statements could be misinterpreted or used against you during negotiations. Do not discuss the accident or your injuries on social media.
- Contact a Summerville Motorcycle Accident Lawyer – Call a motorcycle accident attorney in Summerville after the accident to discuss your case and explore your legal options. They can handle your claim while you focus on healing from your injury.
How Is Fault Determined in Motorcycle Accidents?
Establishing liability is a critical aspect of every personal injury claim. It requires thoroughly investigating how the accident occurred and determining what caused it. Discovering who was at fault in a motorcycle accident case involves examining various factors, including:
- Physical evidence at the scene
- Photos and videos of the crash
- Any traffic camera footage of the accident
- Traffic laws
- Witness statements
- Police reports
In South Carolina’s legal framework, negligence and liability are determined based on the state’s modified comparative fault law. This law affects compensation for victims based on their share of fault. Specific laws, such as the requirement for helmet use and the ban on lane splitting, also impact claims in this state.
You or your motorcycle accident attorney in Summerville must determine who was at fault for the crash so you know where to file your claim for compensation.
What Types of Compensation Are Available After an Accident?
You can pursue compensation to cover various losses associated with the accident, including:
- Medical Expenses – You can include all injury-related medical costs in your claim, such as hospital and emergency room visits, surgeries, doctor’s appointments, physical therapy, medications, and long-term care.
- Lost Wages – If your injury prevents you from returning to work, you can seek compensation to cover this loss in your claim.
- Loss of Future Earning Capacity – If your injury reduces your ability to earn at your pre-injury level, you can claim an amount for your lost earning capacity in your claim.
- Pain and Suffering – You can seek compensation for the physical pain and emotional harm you suffered because of the accident.
- Loss of Enjoyment of Life – If your injuries prevent you from enjoying your pre-injury activities, you could claim compensation for this loss.
How Much Are Motorcycle Accident Settlements in South Carolina?
No two motorcycle accident settlements in South Carolina are alike. The amount of money you can obtain for your losses depends on the severity of your injuries, the duration of your convalescence, the insurance policies of the at-fault parties, and whether you lost wages because of your injuries.
Motorcycle accident settlements should cover your medical bills, lost earnings, pain and suffering, property damage, and any other accident-related losses. Insurance companies often attempt to settle claims quickly and for less than the injured party deserves. An experienced motorcycle accident lawyer can argue for a fair settlement for you.
What Is the Statute of Limitations for Motorcycle Accident Claims in South Carolina?
In South Carolina, the statute of limitations for motorcycle accidents allows an injured person three years from the date of the accident to file a lawsuit against the party that harmed them.
While three years may initially seem like a long period to prepare a claim and file, do not wait. If you don’t file your lawsuit before the deadline expires, the court can dismiss your case without a hearing, and you could lose the opportunity to pursue compensation through the courts.
Why You Need a Motorcycle Accident Lawyer
Dealing with a motorcycle accident injury while trying to focus on a claim can add to your stress and make recovery more challenging. Personal injury lawyers, especially those experienced in motorcycle accidents, can alleviate this burden and handle your claim from start to finish. They can:
- Evaluate Your Claim – A lawyer will assess the details of your accident and injuries to determine if you have a viable legal claim.
- Investigate the Accident – They will thoroughly investigate the accident, gathering evidence such as police reports, witness statements, and accident scene photos. This evidence can strengthen your case and support your compensation claim.
- Establish Liability – Determining who is at fault for the accident is crucial, and a lawyer will examine factors such as traffic laws and witness statements to determine who is liable.
- Assign Fair Value – It can be challenging to accurately assess the potential long-term impact of your injuries and losses. A motorcycle attorney can use their previous experience to assess the true value of your claim.
- File a Claim – Collecting the required paperwork and filing a claim can be time-consuming and difficult while you’re recovering, but a personal injury lawyer can handle it all while you heal.
- Negotiate with Insurance Companies – A motorcycle accident lawyer can work to reach a fair settlement with the at-fault party’s insurance company. They can recognize lowball offers that are insufficient to cover your losses.
- Represent You in Court – If settlement negotiations fail, your lawyer can file a personal injury lawsuit, represent you during litigation, present your case, and seek a favorable verdict.
Contact a Summerville Motorcycle Accident Attorney Today
If you’ve been injured in a motorcycle accident, help is available. The motorcycle accident attorneys in Summerville at Murphy Crantford Meehan knows the specific challenges presented by motorcycle crashes. Our team will fight for the compensation you deserve. Call our law firm today or contact us online for your free consultation to learn how we can handle your case.
