Category: Motorcycle Accident

Injured in a motorcycle accident? Willcox, Buyck & Williams, P.A. fights for fair compensation for injuries caused by negligent parties.

How Can I Protect My Rights After a Motorcycle Accident?

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If you’ve suffered injuries in a motorcycle accident caused by someone else, you may be feeling overwhelmed and confused about what to do next. While protecting your health is the number one priority, taking the proper steps to protect your legal rights is also essential. But what does that entail? 

This quick guide from Willcox, Buyck & Williams, P.A., will help you strengthen your personal injury claim and recover the compensation you deserve.

Immediate Steps After a Motorcycle Accident

The first thing you should do after a motorcycle accident is get somewhere safe and call 911. The responding officer will create an accident report that can provide a strong foundation on which your attorney can build your case. If you’re able, take photos and videos of the accident scene and gather the names, contact info, license and plate numbers, and insurance details of all involved parties. If there were any witnesses, gather their contact information, as well.

After this (or potentially before anything else, depending on the severity of your injuries), it’s essential to seek immediate medical attention. Some injuries, such as concussions or internal damage, don’t always show immediate symptoms. Seeing a healthcare professional also creates vital documentation linking the accident to your injuries.

Gathering Evidence and Keeping Careful Records 

All successful personal injury claims rely on the evidence you and your attorney provide. That evidence can include the following:

  • Police reports
  • Accident scene photos and videos
  • Witness interviews
  • Medical and financial records
  • Surveillance or dashcam footage 
  • Pain journals
  • Expert testimony

To recover compensation, you must prove the financial losses and other harm the negligent party has caused you. To do this, you should maintain an organized file of all medical bills, invoices, receipts, pay stubs, out-of-pocket expenses, and any other relevant documents.

Communicating with Insurance Companies

It’s important to remember that neither your insurance company nor anyone else’s is your friend. These companies will fight to protect their profits by weakening or outright denying your claim. You should avoid speaking with them before consulting a lawyer, but if for any reason you do:

  • Never admit fault
  • Never accept quick settlements
  • Never offer recorded statements

Insurers may make it sound like you must provide a recorded statement for the claim to proceed. This is an attempt to weaken your claim by twisting your words against you. You are NOT required to provide recorded statements. Refer them to your attorney whenever possible.

Working with a Motorcycle Accident Lawyer

The best way to protect your rights after a motorcycle accident is to contact an experienced personal injury attorney as soon as possible. Your attorney can help by:

  • Reviewing your case for free
  • Investigating the accident and gathering evidence
  • Interviewing witnesses
  • Consulting accident reconstruction specialists
  • Calculating your maximum compensation
  • Handling all insurance company communications
  • Negotiating a fair settlement
  • Representing you in court, if a trial becomes necessary

The sooner you consult an attorney, the stronger your case will be. Contact one as soon as you’re able.

Common Mistakes to Avoid

Protecting your rights after a motorcycle accident is as much about the things you DON’T do as it is about the things you do. Be sure to avoid the following:

  • Failing to Seek Prompt Medical Attention: Insurance companies may point to delayed care as evidence that your injuries aren’t that serious, or that they’re not connected to the accident. See a doctor right away.
  • Apologizing or Admitting Fault: You don’t have enough information about the accident to make an accurate fault assessment, and your words can be used against you when pursuing your claim. Don’t apologize to the other driver or admit fault to insurers.
  • Posting About the Accident on Social Media: Insurance companies scour social media for evidence to use against you, and it’s not always obvious what that evidence might look like. Never post about the accident, and avoid posting altogether until your case is resolved if possible.

Contact a Motorcycle Accident Attorney Today

You don’t need to face the fallout of a motorcycle accident alone. The team at Willcox, Buyck & Williams, P.A., will fight for the accountability and compensation you deserve while you focus on recovery. Contact us today for your free consultation.

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.

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!

man repairing motorcycle after accident

What Happens After a Motorcycle Accident in South Carolina?

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One of the ways to explore the many scenic destinations in our state is by motorcycle. If you ride one, you might want to know what happens after a motorcycle accident in South Carolina. A South Carolina motorcycle accident attorney can advocate on your behalf so that you can focus on getting better.

How We Establish the Other Driver’s Liability

We cannot automatically sue the other driver from the motorcycle accident because car drivers are not always at fault in these collisions. We have to prove all four of these factors to hold the other driver accountable for your losses:

  • The other driver owed you a legal duty. Everyone who operates a motor vehicle on public streets has an obligation to drive safely and obey the traffic laws.
  • The defendant breached the duty of care. It is negligence when someone’s conduct fails to measure up to the legal standard. Let’s say that the other driver ran a stop sign and crashed into you when you had the right-of-way. That driver was negligent because he failed to drive safely and obey the traffic laws.
  • The negligence caused the accident. The collision happened because of the driver’s careless act of running the stop sign.
  • You must have quantifiable losses. Physical injuries satisfy this required element.

When we can prove all four of these factors, we can go after the defendant for money damages. Sometimes more than one person is at fault in an accident. South Carolina follows “modified comparative fault,” which means that if you were 51 percent or more at fault, you will not get any compensation from the other parties. As long as you were less than 51 percent to blame, you can qualify for money damages.

How Helmets Affect Your Right to Compensation

South Carolina law only requires motorcyclists under the age of 21 to wear helmets. Not wearing a helmet cannot impact the percentage of fault, regardless of your age. If you were not wearing a helmet and you were under 21, that fact could reduce the amount of compensation you can get from the other driver.

The Settlement Value of Your South Carolina Motorcycle Accident

We cannot say how much money you might be eligible to pursue until we talk to you and investigate your accident. The amount of compensation you could go after will depend on the facts of your situation. Every motorcycle accident is different.

Here are some examples of the types of compensation we have won for our clients:

  • Damages for lost wages can replace earnings you lost, whether wages, salary, self-employment or other forms of regular income, because of your injuries.
  • You can usually include the reasonable cost of the medical treatment you needed for your injuries in your claim.
  • You might be able to include in your claim the value of property damage, like the cost of fixing or replacing your motorcycle.
  • Pain and suffering damages address the physical discomfort and emotional distress you experienced because of the collision and your injuries.
  • Punitive damages can be an option in cases of outrageous conduct on the part of the defendant. For example, if we can prove that the at-fault driver purposely went after you and intentionally crashed into you on your motorcycle, we might have a claim for punitive damages in addition to the other compensation.

A South Carolina motorcycle accident attorney can answer your questions and handle your claim for compensation from the at-fault party. Contact us today.