man repairing motorcycle after accident

What Happens After a Motorcycle Accident in South Carolina?

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.

personal injury case

What Is My Personal Injury Case Worth?

It is not possible to say how much your personal injury case is worth before we talk to you and investigate your claim. Every personal injury case is different. Two people in the same car accident could have wildly different injury claim settlement values.

A South Carolina personal injury attorney could handle your case so that you can focus on getting better. After we complete our investigation of your damages, we can begin to answer your question of “What is my personal injury case worth?”

Factors That Can Impact the Monetary Value of Your Personal Injury Claim

The amount of compensation you can pursue for your losses will depend on the facts of your situation. If you got hurt because of someone else’s negligence, these things can affect the money damages you could seek:

  • The extent and severity of your injuries. A person who fractures three vertebrae and gets deep facial lacerations and third-degree burns is likely to get more compensation than someone who sprains a wrist. Our legal system places monetary importance on the amount of harm a person suffers.
  • How much it cost to treat your injuries. The person with the sprained wrist might have a trip to the urgent care center, doctor, or emergency room, with limited follow-up. The individual in the other scenario will face initial treatment at an emergency room or trauma center. He will need specialized care and therapy for the broken back. His burns will need skin grafts and ongoing treatment for several years. He will likely need plastic surgeries to minimize facial scarring for the lacerations
  • How much time you missed from work. One of the common categories of losses in personal injury cases is lost wages. Whether you missed paychecks from hourly wages, salary, self-employment, or another form of regular income, you have a financial loss. The more income you lose, the higher this aspect of your claim can be. High lost income claims encompass both the length of time you could not work because of your injuries and how much money you usually earn.
  • Your intangible losses. Some types of losses do not tend to come with a paper trail that makes it easy to measure them in terms of dollars. Still, these things have value and meaning. Some examples of intangible losses are disfigurement, loss of the enjoyment of life, post-traumatic stress disorder (PTSD), and pain and suffering.
  • How well you recuperated after your medical treatment. Usually, a sprained wrist heals within a matter of weeks or months with no residual problems. The other injured person might have paralysis from the multiple broken vertebrae and disfigurement from the burns and facial lacerations. He might not be able to live independently or support himself through gainful employment. Personal injury cases that cause devastating changes to the injured person’s life tend to have high financial worth.

These are but a few examples of the many factors that can influence the monetary value of your personal injury case. A South Carolina personal injury attorney can evaluate the financial value of your personal injury case. Contact us today.