Motorcycle accidents occur often in South Carolina. Injured parties must adhere to the statute of limitations in South Carolina, which is a time period during which the injured party must assert their legal claims against the defendant. A South Carolina motorcycle accident lawyer can help you with every aspect of your motorcycle accident case.
The Statute of Limitations on Personal Injury Actions in South Carolina
Every person who files a civil lawsuit must do so within the statute of limitations period. The statute of limitations for personal injury actions in South Carolina is three years from the date of injury. If an injured party waits to file their civil complaint after the statute of limitations period has passed, then opposing counsel will file a motion to dismiss the complaint.
You cannot rest on your rights. You need to make sure that you understand how long you have until the statute of limitations deadline. You have three years from the date of the motorcycle accident to file a civil complaint, which will initiate a lawsuit.
You may file a claim with insurance companies and seek financial compensation from the negligent individuals or entities who caused your injuries. Speaking with a South Carolina motorcycle accident attorney will help you learn more about South Carolina motorcycle accident statistics.
The Most Common Causes of Motorcycle Accidents in South Carolina
Motorcycle accidents occur in both urban and rural areas of South Carolina. Individuals who suffer injuries during motorcycle accidents may be novice riders or those with decades of experience. The following are some of the most common causes of motorcycle accidents in South Carolina:
- Failure to yield
- Driving while intoxicated
- Fatigued driving
- Reckless driving
- Distracted driving
- Following too closely
- Running red lights and stop signs
All motorcyclists should wear a helmet to protect themselves if they are involved in a motorcycle accident. Learning more about the motorcycle laws in South Carolina can help you prevent motorcycle accidents from occurring. It is also important that all citizens stay informed of changes in traffic laws and other regulations that relate to public safety in South Carolina.
The Steps to Take if You Suffer Injuries in a Motorcycle Accident in South Carolina
If you suffered injuries during a motorcycle accident, then you need to make sure you seek medical treatment as soon as possible. Calling for emergency help and reporting the accident to a law enforcement agency are the first things you should do after assessing your own injuries. Next, you should obtain contact information and insurance information from the other parties in the accident.
You should also collect relevant evidence from the motorcycle accident scene. It can help your case if you take photographs of the accident scene and any property damage. Also, you can record witness statements and gather important details related to the cause of the motorcycle accident that will help a motorcycle accident lawyer in South Carolina present your case.
The Most Common Injuries Victims Suffer During Motorcycle Accidents
Motorcyclists do not have the body of an automobile to protect them during an accident, and this means they are more likely to suffer serious bodily injury or death during a motorcycle accident. However, wearing a helmet can help prevent motorcyclists from suffering temporary or permanent disability. The following are some of the most common injuries victims suffer during motorcycle accidents:
- Traumatic brain injuries
- Spinal cord injuries
- Road rash
Motorcyclists need to wear protective gear while they are traveling throughout South Carolina and other jurisdictions in the United States. Unfortunately, many motorcycle accident victims suffer permanent disability due to the nature and extent of their injuries. It is necessary to maintain your protective gear and ensure it is in good working order.
Insurance Carrier Deadlines in South Carolina
Insurance carrier deadlines are important to your motorcycle accident case. You may file an insurance claim with an insurance company before you file a civil lawsuit against any negligent parties. In South Carolina, insurers must settle claims with reasonable promptness.
If an insurer requires written proof of loss after notice of the loss has been given, then the insurer must provide a blank to be used within twenty days. Insurers in South Carolina are prohibited from using unfair claim practices during the claim process. Most insurance policies have a 12-month deadline for filing a lawsuit related to a claim, but this provision may conflict with your rights under state law.
It Is Important for You to File Your Motorcycle Accident Claim Early
Do not delay filing your motorcycle accident claim. A civil lawsuit will take time to resolve, and the longer you wait to file a complaint, the longer it will take for your case to settle or go to trial. If you delay filing your civil lawsuit, then you may not be able to preserve the evidence that you need to substantiate your legal claims.
By filing a civil complaint early, you can begin the discovery phase of litigation, which will allow your motorcycle accident attorney in South Carolina to obtain information and documents from the defense that you can use to strengthen your case. Also, opposing counsel may argue that your injuries were not caused by the motorcycle accident because too much time has passed since the date of the injury. You need to be prepared to file your legal claims and enforce your rights so you inform the defense that you are diligent, prepared, and organized.
We Are Here to Help You with Every Aspect of Your Motorcycle Accident Claim
You may be dealing with insurance companies while still recovering from your injuries. Our attorneys understand how difficult it can be to handle every part of a motorcycle accident claim. If you want to learn more about the legal options available to you, then contact us today to schedule a free consultation.
You do not have to handle every aspect of a motorcycle accident case on your own. We can help you gather evidence and establish the liability of the defendant. Reach out to us today to learn more about the legal options available to you.