Motorcycle accidents are usually more dangerous than many other types of vehicle crashes. Motorcyclists are exposed on their vehicles and do not have many of the safety features that are built into cars such as seat belts and airbags.
If you have an accident while riding on a motorcycle, your injuries could be serious. You may be able to seek compensation from the party who caused the accident and your injuries.
Did someone’s reckless or careless conduct cause a motorcycle accident and leave you injured and unable to work? Help is only a phone call away. Call a motorcycle accident lawyer serving North Charleston, SC from George Sink, P.A. Injury Lawyers for a free case review.
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Proving Who Is Responsible for Your Injuries in a Motorcycle Accident
During the initial meeting, our lawyers will listen to you carefully to understand all the details of your collision. We will learn about the facts surrounding your accident, evaluate that information, and help you understand your legal rights. If you hire our firm, our first task is to identify all the parties that are responsible for causing your accident.
Showing Fault on the Part of the Driver Whose Vehicle Hit Your Motorcycle
To prove liability on the part of the driver whose vehicle hit your motorcycle, our attorneys must show the driver was negligent. Negligence consists of four elements:
- A party owed you a duty of care. All drivers on South Carolina roads must drive their vehicles safely.
- A party violated that duty, perhaps by speeding or failing to obey other traffic laws.
- That the parties breach of their duty of care caused the collision and therefore caused your injuries
- The driver’s actions damaged you, either by causing injuries or some other type of economic or non-economic harm to you.
Types of Conduct That Can Cause a Motorcycle Accident
No two accidents are alike, but there are common types of behavior that can often result in a collision. This can include situations involving:
- Driving over the speed limit or too fast for the weather conditions
- Driving while impaired (after drinking alcohol, using illegal drugs, or taking prescription medication that has side effects)
- Distracted driving
- Failing to yield the right of way
- Changing lanes before checking a blind spot
Gathering Evidence to Show a Driver’s Negligence
Our attorneys are committed to gathering all the evidence necessary to prove your case. While every case is different, we will generally:
- Investigate the accident scene
- Interview anyone who saw the accident, who arrived on the scene right after the accident, or who observed any erratic driving before the accident
- Gather any footage of the accident taken by a traffic camera or a business surveillance camera in the area
- Gather cell phone records to determine if the driver was on the phone or texting at the time of the accident
- Look into the background of the driver and talk to people familiar with his or her manner of driving
- Get the results of a breathalyzer or blood alcohol tests, if any
Determining If You Were at Fault for Your Motorcycle Accident
You must follow the rules of the road, especially those that are specific to operating a motorcycle. In South Carolina, you do not have to wear a helmet if you are 21 or older. Lane-splitting (driving your motorcycle between lanes) is illegal.
If you violated a traffic law when your accident occurred, however, that doesn’t mean that you can’t recover any money for your injuries. According to South Carolina law, if your actions are found to be the primary cause of your collision, meaning you are found to be more than 50% at fault, then you cannot recover any money. If you are found to be less than 50% at fault, you may still receive compensation however that compensation will generally be reduced in accordance with how much you contributed to the collision.
There is no magical formula to determine the percentage of fault assigned to you and the driver. In settlement negotiations, an insurance adjuster will consider your conduct. In court, a judge or jury determines the percentage of your fault. Our attorneys will gather evidence to show your fault was small in comparison to the fault of the other parties involved and fight to get you the maximum amount of money available.
If you suffered an injury when a vehicle hit your motorcycle, contact a motorcycle accident lawyer from George Sink, P.A. Injury Lawyers. Our lawyers are ready to start gathering evidence to build your case for success.
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Recovering Compensation for Your Injuries in a Motorcycle Accident
Because of the size of your motorcycle in comparison to other vehicles and the lack of safety features, motorcyclists can often sustain severe injuries including when:
- Your head hits the pavement, causing a traumatic brain injury.
- Your motorcycle falls on you, causing broken bones and internal injuries.
- You suffer a back or spinal injury.
- Your tissue is torn from your skin as you slide across the pavement, causing permanent scarring or disfigurement.
- Your motorcycle goes off the road, into a guardrail, or over an embankment, resulting in a catastrophic injury.
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Damages You Can Recover After a Motorcycle Accident
There are many different types of economic and non-economic damages that an injured motorcyclist can claim after an accident. While no two cases are alike, our clients are often able to claim the value of:
- Medical expenses
- Rehabilitation and physical therapy costs
- Lost wages
- Lost earning capacity if you cannot earn the same amount of money as before the accident
- Pain and suffering
- Mental anxiety
- Loss of enjoyment of life if you cannot do the things you enjoyed before the accident
- Repairs to your motorcycle or the replacement value
- If a loved one passed away in a motorcycle accident, you may be eligible to recover a payout through a wrongful death action
Did you suffer injuries in a motorcycle accident? Contact a motorcycle accident lawyer serving North Charleston, SC at George Sink, P.A. Injury Lawyers and let our attorneys get to work for you. We will fight hard to get your medical expenses paid, compensate you for your lost work, and collect the money that you deserve for your pain and suffering.
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Reaching a Settlement for Your Injuries in a Motorcycle Accident
Here are some things to keep in mind about settling your case:
- If an insurance company offers to settle your case right after the accident, let our attorneys read the settlement before you sign.
- An insurance company is looking out for its interests. Our attorneys will protect your interests.
- The settlement is final. If you develop a medical issue months after the accident and have already settled your claim, the insurance company will not pay unless the settlement says so.
- Our attorneys want you to have money to recover from your injuries. Our attorneys will talk to your doctors and review your medical records to make sure we know all your future medical needs before settling your case. We do not want you to take a low offer and regret it later.
If you suffer an injury in a motorcycle accident, call a motorcycle accident lawyer serving North Charleston, SC from George Sink, P.A. Injury Lawyers now for a free consultation.
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