If you’ve suffered severe injuries from a South Carolina motorcycle accident, you may be entitled to compensation. At Willcox, Buyck & Williams, PA, our personal injury lawyers have represented injury victims for over 125 years.
When a reckless or negligent driver causes a motorcycle accident, he or she is liable for the damages caused by the accident. Whether you are seeking compensation from an insurance company or through a personal injury lawsuit, our lawyers can fight for you. Our trial-ready litigation attorneys have a track record of successful outcomes in personal injury lawsuits. Contact our motorcycle accident lawyers today to schedule your initial consultation.
Motorcycle Accident Laws in South Carolina
Under South Carolina law, when a driver’s negligence or recklessness causes a motorcycle accident, the at-fault driver is liable for the resulting damages. An injured motorcyclist can file a personal injury lawsuit in an attempt to recover damages. The injured party, or plaintiff, must prove that the at-fault driver breached his or her duty to drive as a reasonable person would. The plaintiff must also show that the driver’s negligence caused his or her injuries.
South Carolina follows the legal doctrine of comparative negligence. Those injured in a motorcycle accident can only recover damages for their injuries when they were not over 50 percent liable for the motorcycle accident. For example, if a court determines that the motorcyclist was 51 percent at fault for the accident, the motorcyclist cannot recover any damages for his or her injuries. However, if the motorcyclist was 10 percent at fault for the accident, he or she could still recover 90 percent of the total damages.
Submitting an Insurance Claim for Motorcycle Accident Injuries
South Carolina law requires that all drivers carry automobile insurance, including motorcyclists. Motorcyclists who suffer injuries in accidents have a right to submit a claim for compensation with the at-fault driver’s insurance policy. Unfortunately, insurance companies are notorious for offering settlement amounts that are too low. Insurance companies are known for offering even lower settlement amounts to motorcyclists.
The bias against motorcyclists should not affect an injured person’s ability to receive the full amount of compensation they deserve. At Willcox, Buyck & Williams, PA, our skilled lawyers have the necessary experience to negotiate with insurance companies aggressively. We work with motorcycle accident reconstructionists and medical experts to build up the evidence in support of our client. Our lawyers have seen every method used by insurance companies to try to avoid paying what our clients deserve. When insurance companies operate in bad faith, we hold them accountable on behalf of our clients.
What Causes South Carolina Motorcycle Accidents?
According to the National Highway Traffic Safety Administration, approximately 88,000 motorcyclists suffered injuries from accidents in 2015. That year, nearly 5,000 motorcyclists suffered fatal injuries caused by motor vehicle traffic accidents. Speeding played a role in 33 percent of all fatal motorcycle crashes that year. Alcohol impairment of the motorcyclists, the other driver, or both, is also a significant cause of motorcycle accidents.
Driving while distracted by a handheld electronic device, texting while driving, and talking while driving are all common causes of motorcycle accidents. Finally, many drivers of cars, SUVs, and trucks are not as aware of motorcycle drivers. When drivers don’t use reasonable care to become aware of motorcyclists on the road, they may be liable for any injuries caused by their negligence.
Common Motorcycle Accident Injuries
Cars, SUVs, and trucks all have standard safety features, to include airbags and seat belts. The metal frames of cars, trucks, and SUVs can also protect drivers and passengers and keep them somewhat safer. Motorcyclists do not enjoy the same safety features as other drivers on the road. Motorcycle injuries range in severity, from bruising and lacerations to severe brain injuries or death. The following motorcycle accident injuries can be expensive and life-altering:
- Spinal cord injuries
- Bone fractures
- Internal organ damage
- Internal bleeding
- Traumatic brain injuries
- Serious friction burns, or “road rash”
Traumatic Brain Injuries Caused By South Carolina Motorcycle Accidents
Brain injuries caused by motorcycle injuries are particularly dangerous. Motorcyclists are more likely to suffer from a traumatic brain injury (TBI) during a South Carolina motorcycle accident than other drivers. When motorcycle accidents happen, the force of the accident often causes motorcyclists to fall off of their motorcycles. Many times, motorcyclists do not have time to brace for impact with their hands. Instead, their head slams into the hard pavement.
Even motorcycle riders who wear a helmet are at higher risk for a traumatic brain injury in a motorcycle accident. When the head crashes against the pavement or another object, bruising, bleeding, and tearing of the brain can result. The extent of a brain injury or spinal cord injury is often not readily apparent. It can take days or even weeks to discover the extent of someone’s motorcycle accident injuries.
Our Skilled Motorcycle Accident Lawyers Can Help
At Willcox, Buyck & Williams, PA, our lawyers know to gather evidence in our client’s favor and argue persuasively for them in court. Whether filing a personal injury lawsuit or submitting an insurance claim, we fight hard for the best interests of our clients. Contact our law firm today to schedule your initial consultation at one of our Florence or Myrtle Beach law offices.