South Carolina Motorcycle Accidents

Motorcycle accidents are a significant concern on roads worldwide, often resulting in severe injuries and fatalities. According to the National Highway Traffic Safety Administration (NHTSA), motorcycles account for a disproportionately high number of traffic fatalities compared to other vehicles. In the United States alone, motorcycle deaths were responsible for 14 percent of all motor vehicle crash deaths, despite motorcycles making up only about three percent of all registered vehicles.

Factors contributing to motorcycle accidents include speeding, impaired driving, lack of protective gear, and poor road or weather conditions. Increased awareness and safety measures are critical for reducing the incidence of motorcycle accidents.

What Are the Most Common Types of Motorcycle Accidents?

Here are six of the most common kinds of motorcycle crashes:

• Rear-end collisions: Often caused by drivers failing to maintain a safe following distance or being distracted.
• Intersection accidents: Motorcycles may be struck by cars making left-hand turns or running red lights.
• Lane-splitting accidents: Occur when motorcycles attempt to pass between lanes of slow-moving or stopped traffic.
• Single-vehicle accidents: Result from factors like loss of control, road hazards, or adverse weather conditions.
• Dooring accidents: This happens when a driver or passenger opens a car door into the path of an oncoming motorcycle.
• Head-on collisions: The most severe type of motorcycle accident, often caused by drivers crossing into opposing lanes of traffic.

Do I Need to Wear a Helmet While Riding a Motorcycle in South Carolina?

South Carolina has specific laws regarding helmet use for motorcycle riders and passengers. All riders and passengers under the age of 21 are required to wear helmets while operating or riding on a motorcycle. For riders aged 21 and older, helmet use is optional if they have at least $30,000 in insurance coverage for bodily injuries. However, wearing a helmet is highly recommended for all riders, regardless of age, as it significantly reduces the risk of severe head injuries in the event of an accident. Adhering to helmet laws not only promotes safety but also ensures compliance with state regulations.

What Should I Do Right After a Motorcycle Accident in South Carolina?

Following a motorcycle accident, prioritize your safety and the safety of others involved. If possible, move to a safe location and call for emergency services. Request medical attention for any injuries, no matter how minor they may seem.

It is also essential to explain what happened to responding law enforcement officers and ask them how to obtain a copy of the accident report. Do not offer opinions or say anything that could be misinterpreted as an admission of fault.

Additionally, information from witnesses should be gathered, and photographs of the accident scene and any visible injuries should be taken. Finally, refrain from discussing fault or liability with other parties involved and avoid making any statements to insurance companies until you have consulted with a South Carolina motorcycle accident lawyer.

Do I Need to Report a Motorcycle Accident in South Carolina?

Understanding the reporting requirements following a motorcycle accident in South Carolina is essential. According to state law, you must report any accident involving injury, death, or property damage exceeding $1,000 to law enforcement. This step is crucial as it helps document the incident, ensures proper investigation, and facilitates the claims process with insurance companies. Failing to report an accident that meets these criteria could lead to legal complications and difficulties in seeking compensation for damages.

How Can I Prove Fault in a Motorcycle Accident Case?

Proving fault in a motorcycle accident case involves collecting various pieces of evidence to establish negligence on the part of the other party involved. Examples include eyewitness testimony, police reports, accident reconstruction analysis, surveillance footage, and medical records.

Through careful investigation into the circumstances surrounding the accident, a seasoned attorney can work to determine liability and construct a compelling case on your behalf. This thorough approach ensures that all pertinent details are considered, strengthening your position for seeking just compensation for your injuries and losses.

What Compensation Can I Receive for a Motorcycle Accident?

Survivors of motorcycle accidents may be entitled to several types of compensation, including medical expenses, lost wages, property damage, pain and suffering, and loss of consortium. The specific damages recoverable in a motorcycle accident case depend on the extent of the injuries sustained and the accident’s impact on the individual’s life. A lawyer can assess your case and pursue maximum compensation for your losses.

How Long Do I Have to File a Motorcycle Accident Claim in South Carolina?

In South Carolina, the statute of limitations for filing a personal injury claim, including motorcycle accident claims, is typically three years from the accident date. However, we recommend consulting with an attorney as soon as possible to ensure the timely filing of your claim and the preservation of vital evidence. A delay in seeking legal representation can jeopardize your ability to recover compensation for your injuries.

Should I Accept a Settlement Offer From the Insurance Company?

Insurance companies often try to settle motorcycle accident claims quickly and for less than they are worth. Before accepting any settlement offer, it is wise to consult with an attorney who can evaluate the offer and advise you on its adequacy. Accepting a settlement without legal guidance may waive your right to pursue additional compensation for future medical expenses or other damages.

What if I Was Partially At Fault for the Motorcycle Accident?

South Carolina follows a modified comparative negligence rule, meaning you can still recover damages in a motorcycle accident case even if you were partially at fault. However, your compensation may be reduced in proportion to your percentage of fault. For example, if you were found to be 20 percent at fault for the accident, your total compensation would be reduced by 20 percent. An attorney may be able to minimize the impact of shared fault on your case.

How Can a Lawyer Help Me With My Motorcycle Accident Case?

An experienced motorcycle accident lawyer can provide invaluable assistance at every stage of your case, from investigating the accident and gathering evidence to negotiating with insurance companies and representing you in court if necessary. By leveraging their knowledge and experience, a lawyer can help maximize your chances of obtaining fair compensation for your injuries and losses.

What Sets Rogers, Patrick, Westbrook & Brickman LLC Apart?

At Rogers, Patrick, Westbrook & Brickman LLC, our team of skilled South Carolina motorcycle accident lawyers has a proven track record of success in handling complex personal injury cases. We understand the unique challenges motorcycle accident survivors and their families face, and our team is dedicated to providing personalized legal representation tailored to each client’s needs.

Call Us Today for a Free Consultation With Our Skilled South Carolina Motorcycle Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

With decades of combined experience, our experienced South Carolina motorcycle accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC have the knowledge and resources to protect your rights and pursue the best possible outcome for your case. To schedule a free consultation, submit our online form or call 843-727-6500. Located in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we serve clients throughout the state.