Tragically, several individuals in South Carolina are involved in motorcycle accidents every day. Your life can be altered forever when you are involved in a motorcycle accident. For this reason, it would help to choose the right Spartanburg motorcycle accident lawyer to fight on your behalf after an accident to ensure you are well represented, get the compensation you deserve, and your rights are protected.
If you are involved in a motorcycle accident, reach out to Hernandez & Cabra. We are well versed with the law and have experience dealing with motorcycle accident claims. Our team of skilled and experienced car accident attorneys will ensure you are rightfully compensated for your injuries and other losses.
Call 864-501-4384 to set up your free consultation and case review.
How Can a Motorcycle Accident Lawyer Help With My Compensation Claim?
If you are involved in a motorcycle accident, ensure you contact a Spartanburg motorcycle accident attorney to help you with your claim. Hiring a motorcycle accident lawyer ensures you get the financial compensation you deserve. Our Spartanburg motorcycle accident attorney can help you with your compensation claim in the following ways.
Build a Winning Case
Our legal team will work closely with experienced investigators to investigate your crash. We will take everything they find into account and analyze it to determine the party responsible for the crash and the cause, then compile the evidence to ensure we build a winning case.
Compile Your Medical Records
Our motorcycle accident lawyers will compile all your medical records from the day of the accident. We will also consider any future medical bills or long-term care you will need due to the accident.
Negotiate the Best Settlement for You
It is not uncommon for the insurance company to blame you for the accident and offer you a low compensation, especially if you are not well-versed in the law. However, if you work with our experienced motorcycle accident lawyers at Hernandez & Cabra, we will negotiate the best settlement for you.
Representing You in Court
Suppose the insurance company does not offer a satisfactory settlement. We will help you file a lawsuit, represent you in court, and ensure you get the compensation you deserve.
What Are the Most Common Causes of Motorcycle Accidents?
Motorcyclists face various dangers and challenges on the road, and accidents are often fatal. They often suffer severe injuries, especially in collisions, since they have no surrounding protective structure on their motorcycles. Below are some causes of motorcycle accidents:
- Unexpected pedestrians in the road
- Faulty lighting, brakes, or mirrors
- Drugged driving or drunk driving
- Not paying attention to motorcycles
- Distracted driving
- Improperly maintained roads
- Sudden stops
- Lane splitting
- Inexperienced drivers
- Unsafe lane changes
- Collision with other motorcycles or cars
- Contact with debris
- Left-turn accidents
- Motorcycle defects
- Open car doors
- Getting hit from behind
If your loved one or you were hurt in any type of motorcycle accident, ensure you contact a Spartanburg motorcycle accident attorney. Doing so will allow you to focus on your recovery as we fight to get you the compensation you deserve.
Motorcycle Accident Statistics in South Carolina
Most motorcyclists involved in a motorcycle accident walk away with severe injuries. According to NHTSA, motorcycle accidents make up 7.7% of traffic fatalities in South Carolina.
In South Carolina, there are about 2,500 motorcyclists injured in crashes and more than 100 motorcycle fatalities annually. There were 187 fatalities in 2016, 2,278 collisions in 2017, 142 deaths in 2018, and 153 motorcyclists killed in 2019.
According to the National Highway Traffic Safety Administration (NHTSA), 73.1% of motorcyclists’ fatalities between 2011 to 2015 were not wearing helmets.
What Are the Motorcycle-Specific Laws in South Carolina?
Several statutes relate to motorcyclists directly, such as using public roads, inspections, and licensure. Consider working with Spartanburg motorcycle accident lawyers if you feel your rights are being violated. Below are some of the motorcycle-specific laws in South Carolina:
- No one driving a motorcycle shall speed over thirty-five miles per hour unless it has headlamps that can reveal a vehicle or person that is 300 feet ahead.
- An individual operating a motorcycle can only ride on the regular and permanent seat and will not carry another person unless the motorcycle is designed for two people.
- No one should operate a motorcycle when carrying a package that prevents them from having both hands on the handlebars.
- Anyone riding the motorcycle should face forward, sit astride, with each leg on either side of the motorcycle.
- No one riding on a motorcycle should attach themselves or the motorcycle to any vehicle on the road.
- No operator should carry a person in a position that can interfere with the operator’s view or control of the motorcycle.
- Passengers and operators under the age of twenty-one shall wear a protective helmet that the Department of Public Safety approves.
- Anyone operating a motorcycle on a highway or public street shall turn on the headlights.
What Are Common Injuries Seen in Motorcycle Accidents?
Some of the most common injuries related to motorcycle accidents are:
- Broken Bones
- Neck injuries
- Road Rash
- Brain and head injuries
- Internal bleeding
- Rib fracture
- Soft tissue injuries
- Skull fracture
- Spinal cord injuries
How is Fault Determined in a Spartanburg Motorcycle Accident?
The insurance system used in South Carolina accidents dictates that the person at fault and their insurance are responsible for all the losses and damages. Our Spartanburg motorcycle accident lawyers will assist you in navigating your motorcycle accident and help you understand the laws that determine fault.
Usually, the individual at fault for the accident was driving irresponsibly. There are four elements of negligence: damages, duty, breach of duty, causation, and damages.
- All motorists have a duty to drive responsibly and obey traffic laws.
- Unsafe driving or breaking traffic laws is a breach of duty.
- Causation means the at-fault party’s negligence was the reason for the accident.
- The victim can only claim damages (compensation) if the accident led to injuries or economic losses.
Modified Comparative Negligence Rule:
Some accidents are not straightforward, meaning the fault can be distributed. For instance, the injured victim may have contributed to the crash, in which the modified comparative negligence rule will apply. The court will reduce the compensation amount according to the plaintiff’s percentage of fault. To receive compensation, your fault for an accident must be less than 51%.
What Type of Compensation Can I Receive for My Motorcycle Accident?
With the help of a professional and experienced Spartanburg motorcycle accident attorney, you can receive the following compensation:
These are damages whose cost of losses are easily quantifiable. Economic damages can include:
- Loss of replaceable items
- Lost earning capacity and loss of wages if the injuries you sustained prevent you from working
- Medical expenses
- Motorcycle repair or replacement expenses
The value of these types of damages is difficult to determine since they do not have a specific financial value or cost attached to them. Below are examples of recoverable of non-economic damages in a motorcycle accident claim:
- Lower quality of life
- Physical impairment
- Disfigurement or scarring
- Mental anguish or emotional distress
- Pain and suffering
Suppose you lose a loved one in a motorcycle accident as a result of another driver’s negligence. You can claim additional damages under wrongful death statutes. This include:
- Funeral and burial expenses
- Loss of personal services
- Loss of companionship and love
Suppose the driver’s actions were extraordinarily reckless or malicious; in that case, you can seek punitive damages. Essentially, punitive action compensation punishes the negligent party for extremely careless actions to discourage them from partaking in a similar act in the future.
It comes in the form of extra financial reward that you receive in addition to your compensation damages. However, it is rare for one to be awarded punitive damages.
Why Was My Spartanburg Motorcycle Accident Claim Denied?
It is not uncommon for motorcycle accident claims to be denied by insurers. Below are a few reasons why your claim may be rejected:
- They do not think the accident caused your injuries.
- They do not believe you were hurt.
- They believe the accident was your fault.
- The driver was not insured under the policy.
- The policy was canceled or lapsed.
- Insurers are biased against motorcyclists.
- The cost of medical bills and injuries is too high.
- You have pre-existing medical conditions.
- You delayed getting medical care.
- There is a lack of evidence that the other driver caused the accident.
Are There Time Limits to Filing a Claim in South Carolina?
Yes, there is a time limit to filing your claim in South Carolina. You have three years from the time of your accident to file for property damage and personal injury claim. However, the time limit for filing the claim is shorter if it involves a government or municipality agency.
Contact an Experienced Spartanburg Motorcycle Accident Attorney
If you suffered a severe injury or lost a loved one in a motorcycle crash, you may be eligible for compensation from the responsible party. Recovering from catastrophic injuries and going against insurance companies can take a toll on the best of us. Let our lawyers help with your case.
After a motorcycle crash, our experienced Spartanburg motorcycle accident lawyers at Hernandez & Cabra will represent you and fight for the justice and compensation you deserve. We will work with you every step of the way, so you’ll have sufficient time to focus on getting better.
We are well versed in South Carolina motorcycle laws and have experience dealing with motorcycle accident claims. When working with our legal team, you can be sure insurance companies will not be able to cheat you out of your rightful compensation. Call 864-501-4384 to set up a free case review.