In a collision, motorcyclists are four times more likely to be injured and 28 times more likely to die than passenger car occupants.
But the bad news doesn’t end there – investigations are often conducted without the biker getting the opportunity to explain what happened to police officers and emergency personnel. This means the motorcyclist is often marked as being at fault in the wreck when they did nothing wrong, and the other driver’s insurance company often refuses to pay for the motorcyclist’s injuries.
If you or a loved one was involved in a motorcycle wreck, you need an experienced Greenville motorcycle accident lawyer to deal with the insurance companies and ensure you get everything you’re entitled to under South Carolina law.
Alarming statistics about local motorcycle accidents can be found in the South Carolina Traffic Collision Fact Book. These stats, in particular, illustrate the devastation of local motorcycle crashes:
South Carolina promotes motorcycle safety through detailed legislation targeting motorcyclists and other motorists. These are highlighted in Section 56 of the South Carolina Code of Laws. Noteworthy requirements are detailed below:
Additionally, South Carolina motorcyclists are expected to abide by other road rules, such as speed limits and rules regarding blood alcohol content.
The steps you take in the aftermath of a motorcycle crash can greatly affect your potential personal injury case. To protect your right to compensation, the Smith Jordan team recommends the following steps.
Staying on the road as a motorcyclist can put you at risk of further harm. If you’re able to, move yourself and your bike away from traffic, such as the shoulder of the road or a nearby parking lot.
Don’t remove your helmet or other safety gear until the police arrive. Keeping your helmet on can protect you from additional injuries and prevent other drivers from claiming that your injuries were caused by a lack of a helmet.
It’s wise to call 911 even if you don’t feel injured. The responding police officer can provide details about your accident in an official report. Additionally, EMS professionals may be able to identify hidden injuries and ensure that you receive prompt care.
When speaking with the police officer, remain calm and provide a factual account of how the accident unfolded. Avoid admitting fault or blaming others; simply explain your version of the events in a straightforward manner.
Taking photos of the accident scene, damage to vehicles, and your injuries can help bolster your case. You should also get contact information from any bystanders who witnessed the accident.
You are required to notify your insurance company of the accident. However, you should avoid discussing fault and wait to speak with an attorney before offering a recorded statement.
If you weren’t transported to the hospital at the accident scene, you should still seek medical attention as soon as possible. Some injuries don’t manifest immediately, and a physician can promptly identify them, which establishes a link between the motorcycle accident and your injuries.
A Greenville motorcycle accident lawyer can help you determine if you have a case and advise you on the best way to pursue compensation. If you decide to move forward with a claim, they can guide you through the process.
In many cases, motorcycle accidents are caused by the negligence of other drivers. Examples include:
Road conditions such as potholes, uneven surfaces, and debris can also contribute to motorcycle accidents. Faulty bike parts or inadequate maintenance can also lead to accidents in some instances.
Motorcyclists are uniquely vulnerable to a variety of injuries. Severity depends greatly on the other vehicles involved in the accident, plus circumstances such as speed or road conditions. The following injuries are especially common:
If you’ve suffered any of the above injuries in a motorcycle accident, you have limited time to file a claim for compensation. Most personal injury claims in South Carolina are subject to a strict three-year deadline, known as the statute of limitations.
In most cases, the clock starts ticking on the date of the accident. If you fail to file your claim before the statute of limitations expires, you may be unable to seek compensation for your injuries. By consulting a Greenville motorcycle accident lawyer as soon as possible after the crash, you can ensure that you have plenty of time to build a strong case.
The main goal of a Greenville motorcycle accident claim is to recover compensation for the losses you sustained as a result of the other party’s negligence. Known as damages in legal speak, these losses may include economic damages, non-economic damages, or punitive damages.
Any damages that have a quantifiable monetary value should be categorized as economic damages. Examples of this type of financial loss may include medical expenses, lost wages, and lost earning capacity.
Less tangible losses — or the non-financial impacts of the injury on the victim’s life — are generally categorized as non-economic damages. Pain and suffering, emotional distress, and loss of enjoyment of life are a few of the most common examples of these damages.
In some cases, the court may award punitive damages. This type of compensation is intended to punish particularly egregious misconduct on the part of the negligent party. These damages are rarely awarded, but when they are, they can add up to a substantial amount.
Before our team can start pursuing compensation for your motorcycle accident injuries, we must identify the liable parties. Depending on the circumstances of your case, parties may include:
In some cases, multiple parties may be liable. Our Greenville motorcycle accident lawyers will explore every potential avenue of compensation on your behalf to maximize your odds of obtaining fair compensation.
After we’ve determined who may be liable for your accident, our attorneys must prove that they acted negligently. This requires us to show that the liable parties owed you a duty of care, that they breached this duty, and that their actions were responsible for your injuries.
To do this, we’ll review and compile a variety of evidence. This may include police reports, medical records, photographs of the accident scene, surveillance footage, witness statements, maintenance records, and more.
Insurance companies are often quick to blame motorcyclists for their accidents, even when the motorcyclist wasn’t at fault. Our attorneys don’t let insurance companies get away with this behavior.
At Smith Jordan, we don’t just seek adequate compensation for motorcycle accident victims — we strive for maximum compensation. This means a comprehensive settlement or award that accounts for the full extent of the damages you suffered.
Motorcyclists are highly vulnerable to injury, and the following are especially common:
These injuries may have lasting impacts on the victim’s life, with long-term disability and chronic pain often resulting.
Our personal injury lawyers in Greenville, SC will be responsible for communicating with the at-fault driver’s insurance company. However, the insurer may still attempt to contact you directly. If this happens, be sure to keep the following guidance in mind.
When in doubt about the insurance company’s motives, contact your lawyer. It’s always better to be safe than sorry.
You’re dealing with enough stress after a motorcycle accident. You don’t need to worry about the cost of representation when you hire Smith Jordan Attorneys at Law. Our Greenville motorcycle accident lawyers offer free, no-obligation consultations for prospective clients.
We also work on a contingency fee basis, meaning you’ll pay nothing until we have successfully recovered compensation on your behalf. You’ll only pay a fee if we win, and that fee is taken from the compensation amount rather than your pocket.
As you seek a motorcycle accident lawyer in Greenville, SC or Easley, SC, look no further than Smith Jordan. Boasting a strong reputation throughout South Carolina, our team fights passionately on behalf of the state’s equally passionate motorcyclists.
At Smith Jordan, we strongly believe that you should be able to ride without fear on South Carolina roads. When negligence gets in the way, we’ll help you fight back. Call us today.
If you’ve suffered any of the injuries described above as a result of a motorcycle accident, you face a long recovery process — and alarming medical bills. Relief may be within reach if you work with a Greenville motorcycle accident lawyer.
Your attorney can guide you through the complications of local insurance claims. Additionally, your lawyer will act as a strong advocate as you seek to hold negligent drivers accountable.
With targeted representation and a proactive approach, it may be possible to obtain compensation for medical bills and lost wages. Lawyers also fight to ensure that motorcycle accident victims secure damages for pain and suffering. Contact us today at (864) 343-2222 to get started.