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Our South Carolina motorcycle injury attorneys can help you through the confusion and stress that follow a serious motorcycle accident. Respect, compassion and trusted guidance are what you will receive from our highly regarded lawyers and staff. Since 1968, we have helped injured people recover not just the money they deserve, but also their lives.
Let us help you, too. Call Joye Law Firm. You can reach us at 877-936-9707 or fill out an online form for a free case review.
How Our Motorcycle Accident Attorneys Can Help You
If another driver caused the motorcycle accident that led to your injuries, a motorcycle injury attorney at Joye Law Firm can help you seek compensation for your medical bills and other related accident expenses and losses. We handle motorcycle accident cases on a contingent fee basis so you can have experienced legal representation without any upfront costs to you.
Collisions involving a motorcycle and a passenger car or truck are usually the motorist’s fault. Motorcycles have a narrow profile and are easy to overlook. Many riders have heard a story about a car driver claiming “I never saw him” after a motorcycle accident.
A well-known study of motorcycle accidents known as “The Hurt Report” for its lead author, says the predominant cause of motorcycle accidents is the failure of motorists to recognize motorcycles in traffic.
The study says that 66 percent of collisions between motorcycles and passenger vehicles happen because the motorist violates the motorcyclist’s right of way. Most often, a car turns left unexpectedly in front of an oncoming motorcycle, and the biker cannot avoid a collision.
The Texas A&M Transportation Institute says a five-year study of motorcycle accidents also showed that the most common contributing factor (25 percent) to multi-vehicle crashes involving motorcycles at intersections was failure to yield the right of way while turning left.
Because motorcycles are lighter and come to a stop faster than cars and trucks, many motorcyclists also are injured in rear-end accidents caused by motorists who did not allow extra room to stop with a motorcycle ahead of them on a highway.
Our South Carolina motorcycle accident law firm can assist you in gathering the evidence you need to build a strong case for compensation for your injuries.
In any case where the driver of another vehicle is responsible for causing a motorcycle accident, he or she may be held liable for the injuries and other damages sustained by the biker. In some cases, the company that employs a negligent driver can be held liable for an accident as well. If road design, debris or potholes in the road caused or contributed to a motorcycle crash, the government agency responsible for road maintenance may be held liable by the injured motorcyclist or his or her family members.
Compensation for Motorcycle Injuries in South Carolina
A driver or another person or organization found to be liable for a motorcycle accident in South Carolina may be compelled by law to compensate the injured motorcyclist and/or his or her immediate family for:
- Medical expenses, including all medical care and treatment, medication, rehabilitation and/or ongoing custodial care in cases of disability
- Lost income, including future losses due to lost earning capacity
- Property damage to the motorcycle and/or other personal property
- Burial costs (in a fatal accident and wrongful death claim)
- Physical impairment
- Pain and suffering
- Emotional distress
- Loss of society and companionship
- Loss of consortium
- Other monetary losses directly associated with the accident and injuries.
In special cases, the injured motorcyclist can seek punitive damages if he or she was harmed due to willful, wanton, or reckless conduct on the part of the defendant. South Carolina limits punitive damages in injury cases to triple the damages awarded for economic loss or $500,000, whichever is more.
When the Joye Law Firm takes a motorcycle accident case, we take care of all the details, including all insurance company paperwork and claims forms, so you can concentrate on getting well. We start by contacting the at-fault party’s insurance company with a demand for payment backed up by evidence demonstrating their policyholder’s liability and justifying the amount of compensation you are due.
If our aggressive negotiations do not persuade the insurer to do what is right, we can file a lawsuit on your behalf. Most accident cases are settled through negotiations, but we prepare each case so that we are ready to go to trial if necessary.
Common Injuries Caused by Motorcycle Accidents
Do you recognize on the list below the injuries that you or your loved one suffered in a motorcycle accident? These are among the most common motorcycle accident injuries:
Very often, a motorcyclist in a collision suffers an initial impact injury from being hit by a car or truck, and a secondary impact injury from hitting the asphalt, ground, guardrail or other surfaces. Sometimes the motorcycle lands on top of the rider, or the rider may be thrown, dragged or run over by the car, truck or motorcycle.
Motorcyclists are nearly 30 times more likely to die in an accident than drivers and passengers in cars and trucks, according to the National Highway Traffic Safety Administration (NHTSA).
South Carolina’s Helmet Law and Other Motorcycle Safety Notes
In South Carolina, motorcycle helmets are only required for riders younger than 21 years old. But you should know that helmets are lifesavers for riders of all ages.
NHTSA says helmets are estimated to be 37 percent effective for preventing fatal injuries to motorcycle riders, and 41 percent for motorcycle passengers. This means that, for every 100 motorcycle riders killed in crashes while not wearing helmets, 37 of them could have been saved had they all worn helmets.
Whether you were wearing a helmet has no effect on liability for a motorcycle accident, however. The driver or other party who caused your injuries may still be held liable for your injuries, even if you were not wearing a helmet.
Here are some other SC motorcycle laws to be familiar with:
- Motorcycles are entitled to the full use of a lane, and other vehicles should not intrude on a motorcyclist’s lane.
- Motorcyclists are permitted to ride two abreast in a single lane, but no more than two side-by-side. However, passing a motor vehicle in the same lane and “lane splitting” — operating a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles — are illegal.
- Motorcyclists are allowed to treat a stoplight like a stop sign and go straight through a red light after coming to a complete stop and waiting 120 seconds before proceeding with due care.
- In addition to helmets, riders younger than 21 are required to wear goggles or face shields, unless they are riding a motorcycle with a windshield.
Contact Our Motorcycle Accident Law Firm
If you or a family member of yours has been injured in a motorcycle accident in South Carolina, contact Joye Law for a free legal consultation. We have offices in Charleston, Myrtle Beach, Clinton and Columbia and take cases from anywhere in South Carolina.
You could be entitled to insurance compensation that will make you and your family whole again financially. But to make an insurance company live up to its obligations, you need a motorcycle injury attorney who knows the law and will fight for your rights and interests. Our South Carolina motorcycle accident lawyers have nearly 250 years of combined experience successfully representing injured South Carolinians and their families.
There is no charge to talk with a lawyer at Joye Law Firm about your accident and no obligation to hire us as your attorneys after we’ve talked. Contact us to set up an appointment at your convenience today. Keep in mind that South Carolina personal injury or wrongful death claims must be brought within a certain amount of time after the injury occurred, so don’t delay in contacting us to get started.