Author: Richmond Cariaga

Damages in a Truck Accident Case in South Carolina

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Commercial truck accidents are among the most devastating on South Carolina roadways. These mammoth vehicles can inflict catastrophic damage on smaller passenger vehicles, leaving accident victims with significant injuries and medical bills. Unfortunately, many accident victims are unsure what their truck accident case is worth and may feel pressured into accepting a low settlement before they realize the extent of their injuries.

The first steps in recovering fair compensation after a South Carolina truck accident are understanding how damages are calculated and knowing what you can do to fight for maximum compensation.

What Damages Are Available in South Carolina Truck Accident Cases?

The compensation a victim can recover following a significant truck accident varies depending on the circumstances of the accident, the severity of the injuries, and other factors. Compensatory damages refer to money that compensates a truck accident victim for the injuries suffered due to the careless actions of the other party, such as the truck driver, trucking company, or another third party.

There are two types of compensatory damages: economic and non-economic. Economic damages are the compensation you can recover for your tangible or measurable losses. These losses can include medical expenses, lost wages, and property damage. Economic damages are easily calculated using documentation such as medical bills, pay stubs, tax forms, and repair receipts.

Non-economic damages are more challenging to understand because they compensate a person for “quality of life” or non-monetary consequences of an accident. Emotional distress, loss of consortium, and pain and suffering are examples of non-economic damages. No paper trail can help you calculate the value of these consequences, making non-economic damages subjective and more difficult to estimate.

A third type of damages comes into play in rare situations involving willful, wanton, or exceedingly reckless actions from an at-fault party. These are punitive damages. Punitive damages do not compensate victims for their injuries. Instead, the court uses them as a financial punishment for the party that caused the harm and to deter future bad actors.

In South Carolina, punitive damages are capped or limited to the total of the compensatory damages or $500,000, whichever amount is greater.

Liability and the Value of a Truck Accident Case

Liability for the accident can also factor into how much a truck accident lawsuit is worth. South Carolina follows a modified comparative negligence system. In civil court, your percentage of fault for causing an accident factors into how much compensation you can recover. Compensation decreases by the same percentage as your fault for contributing to the collision. In South Carolina’s modified comparative negligence model, when one party’s share of fault is 51 percent or higher, that party cannot recover any compensation for their injuries. This rule binds court cases and guides how an insurance adjuster may value a claim.

Retaining legal representation is the best way to ensure you can pursue maximum compensation for your injuries. Insurers and trucking companies are notorious for attempting to shift blame to victims to diminish or deny accident claims. An insurer may also pressure a vulnerable truck accident victim into accepting a low settlement, leading the victim to believe their claim does not merit full compensation.

The value of every South Carolina truck accident case is different. However, most victims can pursue money for:

  • Current and future medical expenses
  • Lost wages
  • Loss of earning capacity
  • Property damage
  • Pain and suffering

Sometimes the best way to pursue this compensation is through a personal injury lawsuit. Before accepting anything from an insurer, allow an experienced truck accident attorney to evaluate your case and calculate the fair value of your injuries. They can protect your rights and explain all your options for recovering fair compensation.

Get in Touch with a South Carolina Truck Accident Attorney Today

A truck accident can turn your life upside down, leaving you with both catastrophic injuries and financial instability. The legal team at Willcox, Buyck & Williams, PA, can help by accurately calculating the value of your case and fighting for the money you need to rebuild your life.

Contact our office today and ask to set up a free consultation.

​How Do Insurance Companies Handle Pedestrian Accident Cases?

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Pedestrian accidents often leave victims with severe injuries and long recovery times. In South Carolina, insurance companies play a central role in determining whether and how much compensation is paid. While insurers are responsible for handling claims, their primary goal is to protect their bottom line, not yours. Knowing how they approach these cases and what steps you can take to protect yourself can make all the difference.

How Insurance Companies Evaluate a Pedestrian Accident Claim

When a pedestrian accident claim is reported, the insurance company starts gathering information right away. Their process often includes:

  • Reviewing the accident report: They look for official details from law enforcement, including fault determinations and any citations issued.
  • Collecting statements: Adjusters may contact you, the driver, and any witnesses to get statements, and they may use these to limit or challenge your claim.
  • Examining medical records: They will request your medical documentation to confirm your injuries and look for any pre-existing conditions they can point to as an alternate cause.
  • Inspecting available evidence: Photos, videos, and even social media posts can be reviewed for any detail that they believe reduces their responsibility.

From the start, adjusters are looking for ways to lower the amount they pay. That’s why it’s important to be careful about what you say and provide.

Factors That Affect a Settlement Offer

Several factors influence how much an insurer offers in a pedestrian accident case:

  • Fault determination: South Carolina follows a modified comparative negligence rule. If you are found more than 50% at fault, you cannot recover damages. If you are less than 50% at fault, your compensation will be reduced by your percentage of fault.
  • Severity of injuries: More serious injuries typically result in higher claims, but insurers may question whether all treatment was necessary or related to the accident.
  • Insurance coverage limits: The at-fault driver’s policy limits set a ceiling for what their insurer will pay, though other sources of coverage may be available.
  • Economic and non-economic damages: Lost wages, medical bills, and pain and suffering are all considered; however, insurers may undervalue the emotional and physical toll.

Tactics Insurance Companies May Use to Reduce Your Claim

Insurance companies are skilled at finding ways to minimize payouts. Common strategies include:

  • Quick settlement offers: They may offer money right away before you know the full extent of your injuries, hoping you’ll accept less than you deserve.
  • Delaying the process: Adjusters may slow down communications to pressure you into settling out of frustration.
  • Disputing fault: They may try to shift blame onto you, even in clear-cut situations, to reduce or deny payment.
  • Questioning medical care: They might argue that treatment was unnecessary or unrelated to the accident.

Being aware of these tactics is the first step toward avoiding them.

Steps You Can Take to Protect Your Rights

If you’ve been involved in a pedestrian accident, you can take practical steps to protect yourself when dealing with an insurance company:

  1. Seek medical attention immediately and follow through with recommended care, even if you feel okay at first. Some injuries take time to show symptoms.
  2. Document everything, including photos of the scene, your injuries, and any property damage.
  3. Limit your statements to the insurer. Stick to basic facts and avoid speculation about fault or your injuries.
  4. Keep all records, including medical bills, correspondence, and receipts for accident-related expenses.
  5. Consider speaking with an attorney before signing anything or accepting a settlement.

Why Legal Guidance Matters

Handling an insurance claim alone can be overwhelming, especially when you are recovering from serious injuries. Insurers have teams of adjusters and attorneys protecting their interests. Having someone on your side who understands how these companies operate can help you level the playing field and pursue the full compensation you deserve.

FAQ: Pedestrian Accident Claims in South Carolina

How long do I have to file a pedestrian accident claim in South Carolina?

In most cases, you have three years from the date of the accident to file a personal injury lawsuit. 

What if the driver who hit me is uninsured?

You may be able to file a claim under your own uninsured motorist (UM) coverage. This is included in most South Carolina auto insurance policies.

Can I still recover compensation if I was partly at fault?

Yes, as long as you are less than 51% at fault under South Carolina’s modified comparative negligence rule. Your award will be reduced by your percentage of fault.

Should I talk to the insurance adjuster before hiring an attorney?

It’s best to speak with an attorney first. Insurance adjusters are trained to protect their company’s interests and may use your statements to reduce your payout.

Protecting Your Future After a Pedestrian Accident

If you or someone you love has been injured in a pedestrian accident in South Carolina, Willcox, Buyck & Williams, P.A. is here to help. Our team will stand up to the insurance companies and fight for the compensation you deserve. Contact us today to schedule a consultation and learn more about your legal options.

Signs of Nursing Home Abuse and Neglect

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When you trust a nursing home to care for your loved one, you expect dignity, safety, and compassion. Sadly, abuse and neglect in these facilities happen more often than many realize. In South Carolina, families should understand the warning signs so they can act quickly if something seems wrong. Abuse can take many forms—physical, emotional, financial, or neglect—and the sooner it’s identified, the sooner your loved one can be protected.

Common Warning Signs of Nursing Home Abuse and Neglect

Nursing home abuse and neglect can look different in every case, but certain signs should never be ignored. If you notice one or more of these, take them seriously:

  • Unexplained injuries – Bruises, cuts, burns, or broken bones that staff cannot clearly explain.
  • Frequent falls or accidents – May indicate a lack of supervision or unsafe conditions.
  • Sudden weight loss or dehydration – Could signal inadequate food, water, or medical attention.
  • Poor hygiene – Dirty clothing, unwashed hair, or soiled bedding may point to neglect.
  • Bedsores (pressure ulcers) – Often preventable with proper care and regular repositioning.
  • Withdrawal or mood changes – Fear, anxiety, or depression could be signs of emotional abuse.
  • Limited access to your loved one – Staff making it hard to visit may be hiding something.
  • Unexplained financial transactions – Missing funds, changes to wills, or strange credit card charges.

Understanding the Types of Abuse

Recognizing that abuse isn’t always physical is critical. Common types include:

  • Physical abuse – Hitting, pushing, rough handling, or improper use of restraints.
  • Emotional or psychological abuse – Yelling, mocking, isolating, or ignoring residents.
  • Neglect – Failing to meet basic needs such as nutrition, hydration, hygiene, and medical care.
  • Financial exploitation – Stealing money, valuables, or manipulating residents for personal gain.
  • Sexual abuse – Any non-consensual sexual contact or behavior.

Each form of abuse can cause serious harm to a resident’s physical and emotional well-being, and in some cases, can be life-threatening.

What to Do if You Suspect Abuse or Neglect

If you believe a nursing home resident in South Carolina is being abused or neglected, acting quickly is vital. Follow these steps to help protect your loved one:

  1. Ensure immediate safety – If the resident is in danger, call 911.
  2. Document what you see – Take photographs of injuries or unsafe conditions, keep records of conversations with staff, and write down dates and times.
  3. Speak with management – Sometimes, issues stem from misunderstandings or staffing errors that can be corrected, but don’t stop here if you’re concerned.
  4. File a report – In South Carolina, contact:
    • Adult Protective Services (APS) at the South Carolina Department of Social Services (1-888-CARE4US / 1-888-227-3487)
    • South Carolina Long Term Care Ombudsman Program (1-800-868-9095), which investigates complaints and advocates for residents.
  5. Seek medical attention – If needed, arrange for an independent doctor to examine your loved one.
  6. Consider legal action – Holding negligent or abusive facilities accountable can help your family get justice and prevent future harm.

Why Immediate Action Matters

Nursing home residents are often vulnerable and unable to speak up for themselves. Abuse can escalate quickly, leading to severe injury or even death. By recognizing the signs early and taking decisive action, you can protect your loved one and potentially uncover systemic issues affecting other residents.

In South Carolina, state agencies have procedures to investigate complaints, but legal action may be necessary to secure compensation for injuries and ensure accountability. Acting promptly increases the chances of preserving evidence and strengthening your case.

Taking the Next Step

If you have reason to believe your loved one has been harmed in a South Carolina nursing home, you don’t have to handle the situation alone. Reporting suspected abuse to the proper authorities is the first step, but it’s equally important to understand your legal rights.

At Willcox, Buyck & Williams, P.A., we are committed to protecting the safety and dignity of nursing home residents. Our team can help you investigate the situation, work with state agencies, and pursue legal action when needed. Your loved one deserves to live in a safe, caring environment, and we will fight to hold negligent facilities responsible.

Contact us today to schedule a confidential consultation, and let us help you protect your loved one and hold negligent facilities accountable.

Why It’s Important to Consult a Lawyer After a Workplace Injury

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Getting injured while working can have a very negative impact on your life. It can force you out of work, cutting off your income and leaving you to overcome painful injuries. In some cases, the injuries may have permanent effects that leave you permanently disabled.

After an injury, many workers trust that filing a workers’ compensation claim will be simple and fair. However, it is not always that easy. Talking with a lawyer soon after the injury can help protect your rights and give you a better chance at getting the benefits you truly need to heal and get back on your feet.

Your Rights Matter

When you get hurt at work in South Carolina, you can take legal action by filing a workers’ compensation claim. This system is meant to cover the resulting medical bills and a portion of your lost wages. However, insurance companies are businesses. For this reason, they may look for any way to delay or deny your claim. Sometimes they claim an injury did not happen at work, or they say it is not as serious as you know it is.

A lawyer can help you understand your rights and stand up for you if your claim is unfairly denied or undervalued. They can also help you meet important deadlines and fill out forms correctly. One small mistake on paperwork can hold up your benefits or even lead to a denial.

Protect Yourself from Unfair Tactics

Insurance adjusters may act friendly, but remember that they work for the insurance company, not for you. They may ask you to give recorded statements or sign forms without fully explaining what they mean. Some people feel pressured to return to work before they are ready because they fear losing their job or benefits.

A lawyer can deal with the insurance company for you. They know the common tricks and can help you avoid saying or doing something that could hurt your claim. This is especially important if you have a serious injury that may affect you for months, years, or even the rest of your life.

Workers’ Comp Claims Can Be Complex

Many injured workers think they can handle their claim alone at first. But workers’ comp laws can be confusing. There are rules about which doctors you can see, what kinds of treatments are covered, and how much you can get for lost wages. If you do not follow the rules exactly, you may end up with less than you need to recover.

If your injury leaves you with a disability or long-term pain, things can get even more complicated. A lawyer can help you gather the right medical evidence, work with your doctors, and show how your injury affects your ability to work now and in the future.

What If Someone Else Caused the Injury?

Sometimes, a workplace injury happens because of someone other than your employer. For example, if a subcontractor, equipment manufacturer, or careless driver caused your injury, you may have a separate claim against that person or company. This is called a third-party claim. A lawyer can look at all parts of your situation to determine whether you are leaving money on the table that could help you recover.

We Are Here When You Need Us

Getting hurt at work is stressful enough without worrying about whether you will get the help you need. Talking with a lawyer early on can make a big difference in your recovery and your peace of mind. You do not have to handle this alone.

If you are dealing with an injury or a disabling condition due to an accident at work in South Carolina, Willcox, Buyck & Williams, PA is here for you. We help workers stand up for their rights and fight for the benefits they need to heal and move forward. Call us today for a free consultation to see how we can help you protect your future.

9 Common Causes of Motorcycle Accidents in South Carolina

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Motorcycles leave riders exposed – no airbags, no metal frame, just a helmet, a jacket, and a whole lot of risk when someone else makes a bad decision, especially on fast highways or crowded coastal routes.

A South Carolina motorcycle accident attorney knows how often these wrecks trace back to avoidable mistakes. Our state’s roads come with their own set of risks for motorcyclists, many of which are preventable.

Unsafe Left Turns

One of the most dangerous crash types involves a driver turning left in front of a motorcycle. These drivers misjudge speed, overlook bikes, or assume they have the right of way. Riders often can’t brake or swerve in time. Left-turn crashes often happen at intersections across Florence and Myrtle Beach, especially when drivers rush through a yellow light or shoot through on green.

Following Too Closely

Motorcycles stop faster than most cars, but drivers rarely leave enough space. Tailgating causes rear-end collisions, even at low speeds. A small bump can throw a rider off the bike. This happens often during beach traffic or tourist season, when impatience takes over.

Distracted Driving

Phones steal attention from the road. That’s dangerous for any vehicle, but deadly for motorcycles. One glance down means missing a bike in the next lane or at a light. Lane changes, turns, and merges all require full focus. A distracted driver takes that away in seconds.

Bad Road Conditions

Cars can roll over potholes or gravel without much trouble. Bikes can’t. A small crack or bump can cause a loss of control. Rural roads in Florence County or less-maintained parts of Myrtle Beach may hide hazards that lead to serious crashes, even when no other driver causes them.

Drifting Between Lanes

Some drivers can’t stay in their lane. They drift left or right, unaware of the motorcycle beside them. These side-swipes happen when a driver fails to check mirrors or use their turn signals. Multi-lane highways and tight city corridors increase the danger. One careless move can push a rider out of their lane or off the road.

Impaired Drivers

Drunk drivers miss signs, brake late, and veer across lanes. They don’t gauge speed or distance correctly, and that puts motorcyclists in danger. Even one drink can lead to a bad decision. Late nights and beach traffic often increase the risk.

Speeding

Speed multiplies the force of every impact. It also shortens reaction time. Drivers who rush won’t see a bike until it’s too late. Crashes at high speed on I-95, US-501, or busy local roads often lead to the most serious injuries.

Blind Spots

Motorcycles don’t always show up in mirrors. Drivers who rely on glances instead of full checks will miss them. Blind spot crashes usually happen during merges or lane changes. Trucks and SUVs make these collisions more likely, especially near exits or crowded intersections.

Aggressive Driving

Some drivers brake-check, block lane changes, or tailgate motorcycles. These aggressive moves turn small moments into serious crashes. Even the most careful rider won’t stop someone who decides to treat traffic like a game.

Talk to Someone Who Knows What You’re Facing

Willcox, Buyck & Williams, P.A., has seen how quickly a careless driver can change someone’s life. One moment of inattention, one wrong move, and the rider suffers injuries that leave them facing a long uphill battle for recovery.

Fortunately, South Carolina law gives you the right to hold the driver accountable – but that takes more than a claim form. You’ll need solid proof: photos, names, records, and a clear picture of what happened and why. Let us pull those threads together while you focus on healing.

Our Florence & Myrtle Beach motorcycle accident attorneys will stand up for your rights and your recovery. At Willcox, Buyck & Williams, P.A., we will take your case seriously from the start. Give us a call today.

When a Bar is Liable in a Drunk Driving Crash in South Carolina

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Drunk driving crashes often leave behind severe injuries and, potentially, fatalities. In South Carolina, if someone else causes a car crash that injures you, you could file a claim or lawsuit against them for your injuries and losses from the accident. But what if that driver was drunk, and what if a bar or other alcohol-serving establishment continued to serve alcohol to them when they were obviously inebriated? You might be entitled to seek money from the establishment that overserved the drunk driver.  

When Alcohol-Serving Establishments Could Face Liability

South Carolina bars, clubs, and restaurants may face legal responsibility if they serve alcohol to someone who later causes harm due to intoxication. Under South Carolina law, no establishment licensed to sell liquor can sell to an underage person or to someone who is intoxicated. When establishments ignore warning signs and knowingly continue serving clearly impaired patrons, they risk contributing to severe accidents and may face liability for the accident. 

Handling Visibly Intoxicated Patrons

If bartenders or servers continue serving drinks to obviously intoxicated patrons, they can face liability for a later accident. Common signs of intoxication include: 

  • Aggressive or Erratic Behavior – Hostile outbursts or unpredictable actions can indicate that someone is too impaired to be served more alcohol.
  • Slurred Speech – Slurring words is a clear sign of intoxication that bartenders must recognize and respond to.
  • Unsteady Walking – A person stumbling or swaying while walking strongly suggests they’ve had too much to drink. 
  • Drifting into Unconsciousness – Falling asleep or fading in and out of consciousness signals dangerous levels of intoxication and a need to stop service immediately.

Serving Minors

If a bar serves a minor who later causes a drunk driving crash, the bar can face liability for the accident, even if the minor used a fake ID. All employees must check IDs carefully and refuse service when there’s any doubt. When a bartender or server turns a blind eye and serves a drink anyway, it can lead to serious legal consequences. 

Why Holding Bars Accountable Matters

Some drunk drivers do not have sufficient insurance or personal resources to fully compensate injured individuals for their injury-related losses. By holding alcohol-serving establishments responsible, injured people may be able to access additional compensation sources. This financial support can alleviate the financial burden caused by the accident. Additionally, holding a bar accountable for wrongful service can have a deterrent effect on that and other establishments. 

What Compensation Could You Recover in an Injury Claim?

If a bar’s negligence contributed to a drunk driving crash, you may be able to recover compensation from the bar to help cover your losses. You can seek money for the following losses in a claim:

  • Medical Expenses – The cost of hospital visits, surgeries, physical therapy, prescription medications, and any future injury-related treatment should be included in your claim. 
  • Lost Wages –You can pursue compensation for the income lost during recovery if your injuries keep you from returning to work immediately after the accident. 
  • Loss of Future Earning Potential – If your injuries reduce or completely diminish your ability to work long-term, you can claim money for reduced earning potential. 
  • Pain and Suffering – You can pursue compensation for the physical pain and emotional distress caused by your injuries. 
  • Loss of Enjoyment of Life – If your injuries prevent you from enjoying hobbies or activities you enjoyed before the accident, this personal, intangible loss has value and should be included in your claim. 

Contact a South Carolina Personal Injury Attorney Today

If you’re injured in a DUI crash and believe a bar’s negligent overservice of the at-fault driver contributed to the accident, take action immediately. Proving a business’s liability for an accident requires experience and attention to detail. At Willcox, Buyck & Williams, PA, we’ll work tirelessly to hold the bar accountable and fight for the compensation you deserve. Contact us today for a free consultation to discuss your case. 

How to Value a Truck Accident Injury Claim

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Truck accidents can devastate the lives of victims and their families – but South Carolina law allows victims to seek compensation for any injuries they suffer in a collision with a commercial truck. But how is the compensation determined in these cases? Here’s a closer look at how the process works.

What Factors Influence the Value of a Truck Accident Injury Claim?

Several factors can significantly impact the value of your truck accident injury claim:

Injury Severity and Medical Bills

The severity of your injuries can significantly increase the compensation you can receive from a successful claim. In short, the more severe your injuries, the higher the payout you can expect to receive.

To translate the severity of a victim’s injury in economic terms, attorneys, insurers, and courts in South Carolina factor in the amount of all medical bills directly related to the accident and estimate the future costs of long-term care. They also calculate the expenses related to mental health treatment, such as counseling for trauma or depression resulting from the accident. The resulting amount will serve as a baseline for your personal injury claim.

Lost Income and Foregone Wages

Your attorney will also help you determine the income you lost while recovering from your accident. This figure includes more than just missed paychecks – it also includes all the work time that you missed because of your injuries, medical appointments, and recovery periods; the bonuses, commissions, and benefits that you may have forfeited; and the difference between what you could have earned over your lifetime and what you’re able to earn after your injury.

Pain and Suffering

The pain, suffering, physical harm, and emotional distress that you experience will factor into your final claim amount as well. But these calculations require more work. 

Most courts use either the multiplier method (multiplying your economic damages by a factor of 1 to 5 based on severity) or the per diem method (assigning a daily dollar amount to your suffering and multiplying by the expected recovery duration) to calculate the full value of your claim.

What Evidence Should I Gather to Support My Claim Value?

To maximize the amount of compensation you can demand, collect all medical records related to your injuries, including doctor’s notes, test results, treatment plans, and billing statements. Make sure to maintain copies of the receipts for any medication, medical equipment, and transportation to medical appointments.

Also, request copies of your work records that document your wages, benefits, and time off from work. All of this documentation will help prove the amount of money that you paid and forfeited because of your accident and, ultimately, because of someone else’s negligent actions. 

Should I Accept the Insurance Company’s First Settlement Offer?

Initial settlement offers will rarely reflect the true value of your claim. Insurance companies typically lowball your offer to start, hoping that you will settle for less and save them some money.

Before talking to insurance company representatives, meet with a South Carolina truck accident attorney who can calculate the payout you truly deserve and compare it to the insurance company’s offer.

Be patient – if you accept a premature settlement, you will often leave substantial compensation on the table.

How to Get Help with Your Truck Accident Claim from Experienced Attorneys

At Willcox, Buyck & Williams, P.A., our personal injury attorneys understand how to accurately value your truck accident claim for maximum compensation. We have a proven track record of successfully handling truck accident injury claims with professionalism, dedication, and compassion – we take pride in helping our clients rebuild their lives after devastating accidents.

If you suffered an injury in a truck collision, call our office to schedule a free consultation, or fill out our online form. We will help you demand the compensation and justice you deserve.

Traveling on a motorcycle on the roads

What Damages Can I Receive for a Motorcycle Accident?

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There’s no experience quite like riding on the open road, but even the best bikers in South Carolina get into motorcycle accidents and sustain severe injuries as a result. Myrtle Beach and Horry County, in particular, experience a high number of motorcycle accidents – especially during the annual Myrtle Beach Bike Week.

What’s worse, these injuries often turn into significant financial burdens for victims, as the medical bills and lost days at work pile up. But if someone else’s negligence caused your accident, you may have legal options. Depending on the facts of your case, you may be eligible for several types of compensation through a motorcycle accident claim.

What Are the Main Types of Damages in Motorcycle Accident Claims?

Motorcycle accident victims can file a claim for three primary categories of compensation.

The first, economic damages, refers to the quantifiable financial losses you incurred as a result of your accident. These include your current and future medical expenses, lost wages, diminished earning capacity, and property damage to your motorcycle and gear.

Economic damages also help cover long-term rehabilitation costs and ongoing therapy, transportation to medical appointments, any home modifications you need to make to accommodate your injuries, any necessary medical equipment, and your prescription medications.

The second category, non-economic damages, helps compensate you for intangible losses that lack a specific dollar amount. These losses include your pain and suffering, emotional distress, mental anguish, physical impairment, disfigurement, loss of consortium, and loss of enjoyment of life.

If the court determines that the at-fault party in your case acted particularly egregiously, they may award you with an additional third category of compensation as a means of punishing the liable party. This category is called punitive damages. 

How Are Motorcycle Accident Damages Calculated?

Generally, the court factors in your current and projected future expenses to calculate the economic damages you can receive. Especially in areas like Florence and Myrtle Beach, with tourism-influenced healthcare costs, these expenses can run quite high.

To determine fair compensation for non-economic damages in motorcycle accident cases, however, your attorney may need to run a more complex calculation. In many cases, the court will take a number from 1.5 through 5, multiply the financial cost of your accident by that number, subtract your total economic damages, and use the remaining figure as the sum total of your non-economic damages. 

That multiplier can vary depending on the severity of your injuries and the certainty of liability that rests with the at-fault party in your case. To maximize this number, you will need to provide proof of the impact of your injuries on your life: Consider keeping a pain journal to document the impact of the accident on your day-to-day routine, and ask family members and friends to testify on your behalf in court. 

In contrast, if you partially caused the accident, failed to follow your doctor’s medical advice to care for your injuries, or tried to pass off any pre-existing conditions as being caused by the collision, you may lose a significant amount of compensation. 

In South Carolina, per the state’s statute of limitations, motorcycle accident victims must file their claim within three years of the date of the accident. If you fail to file within this period, you will likely forfeit your right to recover a payout for your accident-related injuries. 

Pursue Maximum Compensation with Motorcycle Accident Claims at Willcox, Buyck & Williams, PA

If you get into a motorcycle accident in South Carolina and need an attorney who can accurately value your claim, handle all communications with insurance companies, preserve all crucial evidence, and represent you effectively in court, trust our experienced legal team at Willcox, Buyck & Williams, PA. Our attorneys combine over 175 years of collective legal experience to deliver personalized representation focused on achieving the best possible outcomes for our clients.

Call us or fill out our online form for a free consultation. We look forward to hearing from you and serving you today!

Winter traffic on interstate near Columbia.

What Causes Car Accidents on South Carolina Highways?

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Car accidents are a tragic and painful part of life for drivers in South Carolina. Every day, people are injured or killed on the highways across the state, from rural two-lane highways to big, crowded highways like I-20 or I-95. At Wilcox, Buyck, & Williams, P.A., we know that understanding why these accidents happen can help prevent them. If you know the risks, you can protect yourself on the roads of South Carolina.

South Carolina Highway Crash Statistics

Based on statistics from the Insurance Institute for Highway Safety (IIHS), South Carolina regularly ranks in the top ten for traffic fatalities per capita. In 2023, South Carolina experienced more than one thousand traffic fatalities, with a significant percentage of those happening on highways. Traffic congestion and road conditions are part of this, but driver behavior is frequently the leading cause of these fatal accidents. 

Top Causes of Car Accidents in South Carolina

It’s essential to be aware of what happens around you on the road and which drivers to steer clear of. Practice defensive driving, especially if you see signs of any of the following top causes of car accidents:

  • Distracted Driving: Texting, eating, changing the GPS, and even talking to passengers in the car are examples of distracted driving and one of the most common causes of car accidents. A single moment of distraction can prove deadly to other drivers on the road.
  • Speeding: Speed limits are set for a reason, and ignoring them is not only a form of aggressive driving but is also one of the leading causes of car accidents. Accidents with higher speeds tend to lead to more significant injuries and a higher chance of fatalities.
  • Driving Under the Influence: Even though the police have cracked down on driving under the influence, it is still a top cause of accidents. Drunk and high driving affect the driver’s ability to react quickly or make good judgments on the road.
  • Fatigued Driving: Most drivers ignore the danger of drowsy driving, especially on long road trips or late-night drives. Unfortunately, fatigued driving has the same effects as drunk driving and can even cause microsleeps.
  • Weather Conditions: South Carolina can have drastic and unpredictable weather patterns, including surprise rain showers, flash flooding, and fog. Under these conditions, drivers need to slow down and increase the following distance but often choose not to.
  • Aggressive Driving:  Cutting people off on the road, weaving through traffic, and tailgating are all behaviors that amount to aggressive driving. All of these can lead to road rage and an increased chance of fatalities as that rage takes over a driver’s ability to make sound judgments. 

Prevention Tips for Drivers

Staying safe on the roads starts with being proactive. Some tips for preventing a car accident are:

  • Keep your eyes on the road and avoid distractions
  • Never drive under the influence
  • Maintain your vehicle with regular inspections
  • Adjust your speed when facing inclement weather
  • Steer clear of aggressive drivers
  • Practice defensive driving and be courteous to other drivers on the road, even if they don’t give you the same kindness

These are great safety tips to help prevent an accident, but they work best when all drivers on the road employ them. Unfortunately, no matter how well you drive, someone else’s poor decisions could cause you severe pain.

Contact a South Carolina Personal Injury Attorney Today

If you have been injured in a car accident due to someone else’s negligence, reach out to Wilcox, Buyck & Williams, P.A. We will help you by providing you with:

  • Over a century of experience
  • A client-centered approach
  • A distinguished legal team

Don’t wait any longer to seek the compensation you deserve. Your recovery and peace of mind are too important to delay. Schedule your free consultation today and get the experienced representation you deserve. Let us help you start your claim.

Hands of unrecognizable man driver using mobile phone while driving.

Distracted Driving Awareness Month

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April is National Distracted Driving Awareness Month, meaning it’s the perfect time to brush up on the dangers of distracted driving, the laws South Carolina has in place to prevent it, and the steps you can take to make a difference. Distracted driving is one of the leading causes of car accident injuries and fatalities across the country, and it’s entirely preventable.

Distracted Driving Statistics

According to data from the National Highway Traffic Safety Administration (NHTSA), there were 3,275 fatalities caused by distracted driving in a recent year, including 611 pedestrians, cyclists, and other non-occupants. Additionally, there were an estimated 324,819 people injured in crashes caused by distracted drivers.

Distracted drivers also account for 8 percent of all drivers involved in fatal accidents, with individuals aged between 15 and 24 accounting for nearly two-thirds of all distracted drivers.

Types of Distracted Driving

Distracted driving can involve visual, physical, and cognitive distractions, all of which can lead to the same devastating consequences:

  • Visual Distractions – These include anything that takes a driver’s eyes off the road, including cell phones, food, makeup, GPS, and vehicle entertainment systems. You may have heard when a driver takes their eyes off the road for five seconds at 55 mph, they travel the distance of a football field. A lot can happen in that time.
  • Physical Distractions – These include anything that takes a driver’s hands off the steering wheel. They’re often the same types of distractions as visual distractions. When a driver’s hands aren’t on the wheel, their reaction time is severely reduced, increasing the chances of a crash.
  • Cognitive Distractions – These include anything that takes a driver’s mind off driving. For example, talking to passengers in the backseat can cause a driver’s mind to wander.

South Carolina’s Distracted Driving Law

South Carolina’s distracted driving law bans drivers from using wireless electronic communication devices (like cell phones) to compose, send, or read text-based messages while operating their vehicles on public roads and highways. This includes while drivers are in traffic or at red lights. However, device use is allowed if the driver is lawfully parked, using a hands-free device, or calling for emergency services.

How to Promote Safe Driving Practices

During Distracted Driving Awareness Month, we encourage you to reflect upon the impact distracted driving has on thousands of lives each year and commit to engaging in safer driving behaviors. A few ways you can reduce distractions while driving are:

  • Keep your phone on “Do Not Disturb” or out of view or reach while driving. It can be tempting to pick up your phone when you see a notification pop up, and this will help you avoid doing so.
  • Plan ahead by setting your GPS and music playlist before hitting the road to reduce distractions once your trip is underway.
  • Avoid multitasking while driving, such as eating, applying makeup, or reading messages. These tasks can wait until you’re safely parked.
  • Pull over to a safe location if you need to check your phone for any reason.
  • Speak up if you’re a passenger in a vehicle with a distracted driver. Your words could end up saving lives.
  • Lead by example by practicing safe driving when passengers are in your vehicle. This is particularly important if you are the parent of a teen driver, as they will pick up on your actions.

Contact Our South Carolina Car Accident Lawyers

If you were injured in a crash caused by a distracted driver, contact Willcox, Buyck & Williams, P.A., for a consultation with one of our experienced car accident lawyers. Our firm has provided comprehensive legal support to injury victims and their families throughout South Carolina for 130 years. During your initial consultation, we’ll review your case and go over your options for seeking compensation for your injuries, including auto insurance claims and personal injury lawsuits.