South Carolina Motorcycle Accident Lawyer
Motorcycle accidents can leave victims with serious injuries. Unlike in cars and trucks, where the vehicle’s shell and airbags work to protect the occupants, motorcycle riders are more vulnerable to injury. Unsafe drivers and truckers often cause these accidents, leaving motorcycle accident victims with injuries and medical expenses.
If you were hurt in an accident, you should hire a South Carolina motorcycle accident lawyer to help with your case. Your attorney can handle the insurance claims and court filings to get you the compensation you need while you focus on your recovery. Many injury lawyers also work on contingency fees, so you pay nothing upfront, and the lawyer does not get paid unless they win your case.
For a free review of your potential motorcycle accident case, call our motorcycle accident lawyers at Burriss Ridgeway Injury Lawyers today at (803) 451-4000.
Common Areas Where Motorcycle Accidents Occur in South Carolina
Motorcycle crashes can occur almost anywhere and are always extremely hazardous. Below are some common locations of accidents and the ways accidents might occur there.
Major Highways
South Carolina is full of major highways that connect major cities, towns, and rural areas. Interstate highways connect South Carolina to other states, and some of these highways are major traffic hubs. Speed limits are often higher here, and traffic tends to be heavier, making motorcycle accidents very risky.
Motorcycle accidents on major highways are often tricky for numerous reasons. The rider might be thrown into other traffic, or they might be severely injured because of the higher speed limits. On top of that, accidents in the middle of major highways can be hard for emergency responders to get to sometimes, and you might end up waiting longer for help.
Back Roads
Many accidents also occur on back roads or rural roads, where there is minimal traffic. Many of these areas are somewhat isolated, and there might be no one else on the road other than the motorcycle rider and the other driver.
Accidents on backroads often occur because drivers let their guard down due to the lack of traffic. If a driver flees the scene, there might be nobody else around to call for help, and evidence might be harder to find.
Many motorcycle riders prefer backroads because there is often little traffic, allowing them to experience the open road freely. Unfortunately, this often means there are almost no witnesses in the event of an accident, and many cases come down to the victim’s word against the other driver’s.
Intersections
Crossing a busy road, street, or highway is so commonplace that most people take it for granted. Unfortunately, many motorcycle accidents happen in intersections because other drivers in cars do not stop when they should, and they collide with riders who are crossing.
If an intersection is particularly busy, the motorcycle rider might be injured by multiple vehicles or thrown into oncoming traffic. Injuries can be severe, and someone should call 911 immediately.
Traffic cameras, nearby security cameras, or even dashcams might have recorded the accident. Our motorcycle accident lawyers may need these videos to prove that you had the right the cross the intersection when you did, and the other driver either ran a red light or failed to yield.
Types of Injuries from Motorcycle Accidents in South Carolina
Many riders know that motorcycle accidents can be bad, but that does not mean that they deserve what happened to them or that they took on the risks, especially if another driver caused your accident. The following are all common types of serious injuries that motorcycle riders may be able to sue for in South Carolina:
Severe Road Rash
Abrasions, commonly called “road rash” in motorcycle accidents, are caused by skin rubbing along the ground or another surface during a crash. At highway speeds, road rash can be incredibly severe and even harm the muscle tissue under the skin. In many cases, surgery and ongoing wound care will be necessary, which can result in surprisingly expensive medical bills.
Head Injuries
Although many motorcycle riders understand the importance of wearing a helmet, head injuries can still occur in motorcycle accidents. If you suffered a head injury while wearing a helmet, odds are that it was a concussion or a mild form of traumatic brain injury (TBI).
However, even the safest riders can face serious TBIs in accidents caused by dangerous drivers. Talk to a South Carolina motorcycle accident lawyer about getting damages for ongoing care needs and medical bills related to a serious brain injury.
Spinal Cord Injury and Paralysis
Many serious motorcycle accidents cause the victim to become paralyzed. Paralysis typically happens because of a severe injury to the back or neck. When the spinal cord is damaged, the nerves are essentially cut off from functioning below that point.
Some victims can recover if the injury involves a herniated disc or other repairable injury that is impinging on the spinal cord. If the spinal cord itself is damaged enough, you may be left with lifelong numbness, loss of feeling, and loss of function.
Broken Bones
The severity of a broken bone injury can range widely. Many motorcycle riders walk away from accidents with broken ribs, broken collarbones, or broken wrists and arms that eventually heal. However, many broken bones in the legs, hips, and back can lead to permanent disabilities.
Even moderate broken bone injuries that will heal in a few months may still require surgery to properly set the bones. Surgery could also be necessary to add pins, rods, and screws to support weight-bearing bones or repair bones broken into more than two pieces.
Traumatic Amputation
Especially when motorcycle riders are hit in the leg by another vehicle or fall off their bike during a crash, they could lose their leg. Traumatic amputation of fingers, toes, feet, hands, or arms is also possible. In some cases, injuries are so severe that surgical amputation is required to prevent further tissue damage.
In either case, the future effects on physical abilities, job opportunities, income, and personal enjoyment of life are immense, not to mention the pain and suffering of such an injury. Talk to a South Carolina motorcycle accident lawyer if you faced serious injuries like these in a motorcycle accident.
Getting Damages for a South Carolina Motorcycle Accident
Many people believe that they must file an auto insurance claim to receive compensation for motorcycle accidents in South Carolina. In reality, a claim against the at-fault driver’s insurance might not pay you everything you deserve. In some cases, insurance companies might outright refuse to cover damages or admit that their driver caused the crash. In these cases, it might be better to sue the at-fault driver for damages.
Whenever you are injured in a motorcycle accident, it is important to speak with a lawyer about the best path to recovering damages. Some damages can be easily covered through insurance, allowing you to receive the compensation you need quickly. Other times, your attorney may need to negotiate with the other driver’s lawyers or insurance company to get you a settlement that adequately covers your needs.
If the defendant and their insurance are not willing to negotiate, the only recourse left might be to file your claim in court. Filing the lawsuit can put a neutral judge and jury on the case instead of leaving payment decisions up to the insurance company. It can also potentially help you get higher damages if the insurance company refuses to acknowledge long-term injuries, future lost income, and other complex injuries that might require additional damages.
Obtaining Evidence to Support Your Motorcycle Accident Case
Evidence is the beating heart of your civil case, and we must have enough to prove your claims by a preponderance of the evidence. Put another way, we must prove that it is more likely than not that the defendant is liable for your damages.
Perhaps the best place to begin is at the accident scene. You may have taken photos or recorded videos of the accident aftermath, possibly to use in an insurance claim. These recordings may also be used in a personal injury lawsuit to help prove certain details about the accident.
We should also attempt to locate witnesses who can testify in court. This may include eyewitnesses who saw the accident unfold before them. It might also include people who were not at the accident scene but have other personal knowledge about how the defendant caused the accident.
Severe injuries are common, and it may be necessary to get copies of your medical records to help us explain your injuries to a jury, which may be crucial if your injuries are especially serious or complicated. They may also help us establish the cost of medical care for purposes of proving damages.
How Long After a Motorcycle Accident Can You Sue in South Carolina?
Legal claims do not last forever. After a motorcycle accident, you only have so much time to recover from your injuries, talk to an attorney, and file a civil case in court. If this time passes and nothing is filed, you might be forever barred from bringing any claims about the motorcycle accident.
Our time is limited by the statute of limitations. According to S.C. Code Ann. § 15-3-530(5), personal injury claimants in South Carolina, such as motorcycle accident victims, have only 3 years to file a case. This limitation period begins on the day of the accident, but we may have the statute tolled and our time extended under special circumstances.
Under § 15-3-40, plaintiffs who were minors when they were hurt or experienced a mental condition that prevents them from initiating legal action may have the limitation period tolled.
If you were under 18, the limitation period would not start until you turn 18, giving you until age 21 to file a case. If you cannot file within the limitation period due to a mental condition, the limitation period may not start until your condition is removed.
Can I Sue for a Motorcycle Crash if I am Partly Responsible?
Determining fault for a motorcycle crash is rarely easy, and the defendant might try to push back against your claims by arguing that you caused the accident. If the defendant has sufficient evidence to support their claims, your damages may be negatively impacted. However, you may still be able to recover some damages, depending on the situation.
If a plaintiff is partially responsible for an accident, the court may apply comparative negligence laws under S.C. Code Ann. § 15-38-15(A). In short, your damages may be reduced in proportion to your share of fault as determined by the trier of fact (i.e., the judge or jury). If your fault exceeds 50%, you may be barred from recovery.
The fact that the defendant claims that you contributed to the accident or caused it entirely does not mean that your damages will automatically be reduced. The defendant must have evidence to back up their claims. Even if they can back up their claims, you may still recover damages as long as your fault does not exceed the defendant’s.
Call Our South Carolina Motorcycle Accident and Injury Lawyers
If you were hurt in a motorcycle accident in South Carolina, contact Burriss Ridgeway Injury Lawyers. For a free case review, call our motorcycle accident lawyers today at (803) 451-4000.
