A motorcycle accident can also leave you facing steep financial costs. If someone else was to blame for you or a loved one’s injuries riding a motorcycle, you may be entitled to financial compensation. Our Florence motorcycle accident lawyer can help you begin to recover.
McCall Law is a personal injury law firm that is passionate about the rights of accident victims, and we are ready to go to work for you. Contact us about your motorcycle crash now.
South Carolina Motorcycle Laws
Generally, motorcyclists have the same rights and responsibilities that apply to any other motorist. As a motorcyclist, you are entitled to your own lane in traffic. You must also follow traffic laws the same as anyone else.
There are also special laws that apply to motorcyclists that include:
- The need for a special license to operate a motorcycle
- Motorcyclists must sit on their bikes in a certain manner
- Motorcyclists cannot pass a vehicle in the same lane in which the vehicle is riding
- Motorcyclists are forbidden to ride between lanes
Crucially, South Carolina does not require motorcyclists to wear a helmet if they are over the age of 21. If the insurance company tries to deny you compensation for your injuries because you were not wearing a helmet, you can fight back. While helmets can be an issue in your settlement, not wearing them should not mean that you cannot be paid.
Who You Can Sue in a Motorcycle Accident Lawsuit
If you have been injured in a motorcycle accident, you may be wondering who you can hold responsible for your injuries. In most cases, you would file a claim or lawsuit against the driver who was involved in your crash. In order to be eligible for financial compensation, you would need to prove the following:
- The driver owed you a duty of care
- They breached the duty of care by acting unreasonably under the circumstances
- You were injured
- You would not have been injured had it not been for the actions of the driver
Besides the driver, there are others who you may hold responsible in rare cases, including:
- A company that made a defective motorcycle or part
- The municipality or government entity that was responsible for maintaining the road
- Another driver who cut off your motorcycle, causing you to have a one-vehicle accident
We will investigate the cause of your accident and obtain evidence that could help prove that someone else was to blame for what happened.
Common Causes of Motorcycle Accident Injuries
South Carolina is one of the most dangerous states in the entire country in which to ride a motorcycle. In 2021, 11.2 out of every 10,000 people lost their lives in a motorcycle accident. Many others are left with injuries that will change the course of their lives.
Some of the common ways that drivers can cause motorcycle accidents:
- Making an illegal turn in front of the motorcyclist and cutting them off
- Running into the back of the motorcyclist because the driver is reckless or being distracted
- Failing to check the blindspot before the driver changes lanes
- Opening car doors into the path of a motorcyclist
- Drunk driving causing the motorist to not see the biker or to lose control of their vehicle
- Reckless driving that causes the motorist to not see the motorcyclist or to cut them off in traffic
Common Injuries from Motorcycle Accidents
Motorcycle accidents can cause severe physical injuries. When a motorcyclist is in an accident, they will be thrown from their bike, or they will be struck by the car (sometimes both). Physics is part of the reason why motorcycle crashes are so dangerous for the biker. When a larger vehicle crashes with a smaller one, it unleashes a large amount of force on the smaller vehicle. Then, the injury will be compounded when the driver is thrown to the hard pavement.
Some common motorcycle accident injuries:
- Broken bones and fractures
- Head and neck injuries
- Spinal cord injuries
- Traumatic brain injuries
- Road rash (when skidding across the concrete)
- Internal injuries
Most motorcycle accidents are almost always injury-causing to an extent. Even when a rider has the latest safety equipment and a Department of Transportation-compliant helmet, it cannot eliminate the risk of injuries.
When you have suffered injuries in a motorcycle accident, you are dealing with damages in multiple areas. The driver who injured you has a legal obligation to pay for all your damages once you are able to prove that they were to blame for the crash.
The responsible party has an obligation to put you in the same position that you were in before the accident, using money as a measuring stick. They must pay for both your economic and non-economic damages that you suffered in the accident.
Specifically, you would be entitled to the following:
- The complete costs of your medical care
- Lost wages for the time that you missed from work
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Embarrassment and humiliation
- Emotional distress
If a loved one died in a motorcycle accident, the family would be entitled to damages in a potential wrongful death claim.
The insurance company will do anything in its power to minimize what they pay you if they even pay you anything at all. To them, you are just a number who is coming after their money, as opposed to a person who is dealing with serious injuries caused by their policyholder. They may even try to blame you for the crash, in whole or in part, to avoid paying you what you deserve. A tough attorney may not let the insurance company get away with this.
Contact a Florence Motorcycle Accident Lawyer Today
If you or a loved one have been injured in a motorcycle accident, you should entrust your case to an experienced Florence motorcycle accident lawyer. At McCall Law, your case is our mission, and we will leave no stone unturned as we pursue financial compensation on your behalf. Send us a message through our website, or call us today at 843-279-8148 to schedule your free initial consultation. You do not need to write a check to get legal help.