Florence, SC Motorcycle Accident Lawyer
Traveling by motorcycle in Florence can be a delightful experience, but it is not without risk. Careless drivers can cause severe injuries in motorcycle accidents, leading to devastating consequences.
However, if someone else’s negligence caused your injuries, you have the right to receive compensation. Motorcycle accident lawsuits can be complex and challenging to pursue, with many riders unfairly blamed for causing accidents. Our team understands that most accidents occur due to the other driver’s recklessness and can help you prove it. As a driver, you have the right to be safe and deserve compensation if injured by another party. To get that compensation, our lawyers will focus on preserving evidence, filing complaints on time, and negotiating fair settlements or trying victims’ cases in court.
Call Burriss Ridgeway Injury Lawyers today at (803) 451-4000 for a free case review with our motorcycle accident lawyers.
Parties that You Could Sue for a Motorcycle Accident in Florence, SC
The level of complexity in a lawsuit for a motorcycle accident may depend on who is responsible for the injury. Our lawyers specializing in motorcycle accidents can determine the individuals or parties accountable for your case. For example, parties that are usually named in motorcycle accident lawsuits in Florence may include passenger car drivers, commercial truckers and their employers, and vehicle manufacturers.
Passenger Car Drivers
Motorcycle accidents in Florence can often result in injuries for the rider due to the negligence of other drivers on the road. Passenger car drivers might fail to notice the presence of motorcycles, either due to a lack of concentration or carelessness. However, not seeing the rider ahead of time cannot be used as a valid excuse in any legal proceedings resulting from the accident.
In the case of a motorcycle accident involving multiple drivers, each driver can be held accountable for the damages they caused. For example, suppose one driver was speeding and collided with another vehicle that made an illegal lane change, resulting in damage to your motorcycle. In that case, both drivers would be responsible for compensating you for the damages related to their actions, and our motorcycle accident lawyers could appropriately divide fault between them.
Commercial Truck Drivers and Employers
If a motorcycle accident occurs due to an employee’s negligence while working, both the driver and the employer might be held accountable. For example, if a trucker transporting goods for a company struck you, their negligence could also make their employer responsible. This legal principle is known as respondeat superior, and it can lead to legal repercussions for both the driver and their employer.
Vehicle Manufacturers and Designers
In the event that your motorcycle caused an accident due to a defective part, regardless of whether it was imported, you might have the option to file a claim against the manufacturer or designer. The manufacturer might be accountable for not guaranteeing the safety of the motorcycle’s design or neglecting to inform users of any potential risks associated with the product. Defective equipment is a common cause of single-vehicle motorcycle accidents, and our lawyers can confirm if you have a cause of action after such a crash in Florence.
How to File a Motorcycle Accident Lawsuit in Florence, SC
Filing a motorcycle accident lawsuit and seeing it through requires a thorough understanding of the process. Our attorneys can handle preparing and filing the civil complaint that will initiate your lawsuit in court, as well as all other aspects of your recovery.
When negligent drivers’ insurance companies refuse to pay what victims are due, they can respond with lawsuits. Our case will name the at-fault driver as the defendant and you as the plaintiff. We will then summarize your cause of action and describe the accident’s circumstances. Furthermore, we will make requests for relief in the complaint to guide upcoming settlement negotiations or possible jury awards.
South Carolina gives victims three years from the date of a crash to file their compensation claims against liable drivers. Following this filing deadline is crucial, as missing it would give the judge assigned to your case a reason to dismiss it, leaving you with no path to recovery. Not only can our attorneys prioritize the swift filing of your motorcycle injury lawsuit, but we can ensure the complaint submitted to the court is accurate and complete.
Evidence Commonly Used to Prove Motorcycle Accident Lawsuits in Florence, SC
If you need compensation for injuries sustained in a motorcycle accident, it is crucial to gather evidence that proves the other party is responsible for your damages. This evidence can come from many different sources, and your own efforts could be essential in building a solid case. In Florence, some commonly used types of evidence in motorcycle accident lawsuits include medical records, photos, and videos. While typically not admissible evidence, police reports may lead us to useful proof, like eyewitness statements.
Police Reports
If you are involved in a motorcycle accident and are considering a lawsuit, the first step is to obtain a police accident report. The officer in charge will investigate the scene and record all relevant information in the report. This might include details about the vehicles involved, any damage sustained, driver contact and insurance information, and other important information. The report might also contain witness statements, which can help identify any discrepancies between what the driver said and what happened. Our motorcycle accident lawyers can review this report alongside you and analyze it for any new or useful information that requires further investigation and might help your case.
Medical Records
Following an accident, medical records play a crucial role in revealing the severity of a victim’s injuries and the required treatment. These records can help determine whether the victim needs ongoing care or if their injuries will affect their future job prospects and overall well-being. Furthermore, medical records often include the doctor’s findings on what caused the victim’s injuries, like a major motor vehicle accident.
Photographs and Videos
It is also helpful to take pictures of the surrounding area. This can assist in displaying the extent of the damage and identifying any potential factors that might have contributed to the collision. By taking photos, you might be able to determine the location of skid marks on the road or the distance between your bike and the point of impact. Using your smartphone, you can capture images of broken glass, vehicles with dents, or any other evidence that could support your compensation claim. Since many physical signs might be removed from the scene, taking pictures is the most effective way to preserve evidence for future use.
Anticipating the Length of Your Motorcycle Injury Case in Florence, SC
The length of lawsuits can vary dramatically, but our attorneys can assess certain factors to gauge how long your recovery might take in Florence.
For example, in relatively straightforward cases with strong photographic evidence, eyewitness statements, and accident reconstruction experts’ testimony, defendants might want to settle quickly out of court rather than being found liable for greater damages at a trial. Proposed settlements in these instances might seem high initially, but comparing offers to your actual damages is crucial before making any final decisions or accepting settlements.
Lengthy settlement negotiations are not uncommon, especially when defendants intentionally stall discussions to frustrate victims and convince them to accept lesser amounts. Our attorneys can promptly identify such tactics and address them head-on, indicating we are ready to take your case to court to hasten your financial recovery.
The type of settlement or award you get could affect how you receive compensation. For example, a lump sum settlement will be paid at once, while structured settlements are parceled out over a period of several months, sometimes years, depending on a defendant’s financial ability.
Damages Victims Can Claim in Florence, SC Motorcycle Accident Cases
If you were in a motorcycle accident in Florence, you might be dealing with financial difficulties and emotional strain due to your injuries. The amount of compensation that victims receive is dependent on the severity of the accident and the long-term effects of their injuries. Individuals who have been hurt while riding can seek compensation for both tangible losses, such as expenses, and intangible losses, such as emotional distress and physical suffering.
Medical Bills
If you were injured in a motorcycle accident caused by someone else’s negligence, the responsible party is legally obliged to cover all your medical expenses, including any future treatments that might be needed. This includes doctor visits, chiropractic or physical therapy sessions, and other necessary healthcare services. Additionally, you should be entitled to reimbursement for medication, hospitalization, ambulance transportation, and surgical procedures if required. It is important to remember that if you have a long-term disability, you should also consider the costs of future medical care when seeking compensation.
Lost Wages
In the event of a motorcycle accident that leaves you with injuries preventing you from resuming work or pursuing your previous career, you have the right to request compensation for lost wages and future earnings. If your injury is severe enough to render you unable to work completely, you can apply for permanent disability based on the projected duration of your inability to work.
Pain and Suffering
It is common for people who have been involved in a motorcycle accident to pursue compensation for both physical pain and mental suffering. Lawsuits might seek damages for the loss of consortium, which means being unable to enjoy life with a partner due to injuries from the accident. Loss of enjoyment might also be sought, as it can result from being unable to participate in hobbies or activities that were previously enjoyed. These damages are inherently subjective, and we can help you quantify them during your claim to ensure they get covered.
Property Damage
If your motorcycle or personal property has been damaged due to someone’s negligence, you have the legal right to recover expenses. This includes compensation for damage caused to your motorcycle, as well as any other personal property like clothing and equipment. Our attorneys can provide estimates, receipts, and repair bills as evidence to prove the damages.
What to Do During Your Motorcycle Accident Lawsuit in Florence, SC
As our attorneys gather evidence, write complaints, negotiate settlements, or try cases in court, your main focus should be your physical recovery.
Because motorcycle accidents can be so dangerous, victims often leave with devastating physical injuries. Back, head, and spinal cord damage are common, as are injuries like road rash and displaced fractures. In all likelihood, your injuries will require medical attention beyond a short visit to the emergency room. You may need to see specialists, undergo surgery, or have to stay in the hospital for several days or weeks. All of the treatment you receive will generate medical records proving your injuries and the cost of care. Stopping your treatment at any point before you have fully physically recovered could lead to gaps in your medical records. Defendants might point to such gaps to question victims’ need for compensation or the severity of their injuries.
In addition to focusing on your health and wellness, provide our attorneys with copies of all bills you have incurred since the accident, namely medical expenses. This will allow us to keep a running tally of the damages you have suffered so our requests for relief will be accurate.
Call Our Florence, SC Motorcycle Accident Attorneys for Help
For a free case evaluation with our motorcycle accident lawyers, call Burriss Ridgeway Injury Lawyers at (803) 451-4000.
