A motorcycle crash can turn a regular day into something you never expected. Debilitating injuries, medical bills, and time away from work can quickly start to add up.
With 10-plus years of legal experience, the motorcycle accident lawyers in Columbia with Shelly Leeke Law Firm know how to hold the right people accountable. Your Columbia personal injury lawyer at our firm is here to protect your rights and answer your questions. Contact us today to find out how we can help.
How to Establish Negligence in a Columbia Motorcycle Accident
To have a successful motorcycle accident claim and receive compensation, you need to prove that the other driver was negligent. Every driver, no matter what type of vehicle they operate, is expected to follow the rules of the road and act with care.
When someone fails to do that and causes an accident, you may have the right to pursue compensation for the harm they caused.
What You Need to Prove Negligence
Proving negligence means showing four key elements:
- The other driver owed you a duty of care.
- They breached that duty.
- The breach led to your injuries.
- Those injuries resulted in damages, such as medical bills or lost income.
For example, if a driver ran a red light and hit your motorcycle, they may have breached their duty to operate their vehicle safely. If that collision caused you to suffer an injury, miss work, and need ongoing treatment, all four elements may be present.
Our team can help you collect the evidence needed to make your case clear and complete.
Why Legal Support Helps Strengthen Your Case
Unfortunately, even if your case seems straightforward, proving negligence can be difficult. Motorcycle accident victims often face challenges in showing their losses or proving who was truly at fault. Insurance companies may try to shift the blame or question the severity of your injuries.
That is why we strongly encourage you to work with a Columbia motorcycle accident attorney at Shelly Leeke Law Firm who has experience handling these cases. Our car accident team understands the details that matter and can help you avoid common setbacks. We are here to guide you through every part of the process and protect your right to fair compensation.
South Carolina Motorcycle Accident Statistics
According to The Greenville News, motorcyclist deaths in South Carolina have reached a record high. The data shows that 154 people die each year in motorcycle crashes across the state. The Centers for Disease Control and Prevention reports that unhelmeted riders are 40% more likely to suffer fatal injuries, and wearing a helmet can reduce the risk of head injuries by nearly 70%.
South Carolina only requires riders under the age of 21 to wear helmets, as stated in South Carolina Code § 56-5-3660. This law leaves many who choose not to wear a helmet without the added protection that could reduce the severity of their injuries in a crash. These numbers show why motorcyclists must exercise caution, even when they adhere to road rules.
At Shelly Leeke Law Firm, we know that even safe riders can suffer serious injuries because of someone else’s poor choices. If another driver failed to pay attention or did not share the road responsibly, you may be entitled to compensation. We are here to help you understand your options and pursue what you need to recover from what you have been through.
Damages that Can Be Collected in a Columbia Motorcycle Accident Case
If you were hurt in a motorcycle crash, the financial impact may go far beyond your medical bills. Many riders are left dealing with lost income, property damage, and the emotional cost of being forced to put their life on hold. Here are some of the most common types of damages available in these cases:
- Healthcare costs: This includes hospital bills, follow-up visits, prescriptions, rehabilitation, future medical expenses, and any medical equipment or supplies you need during recovery.
- Vehicle repair or replacement: If your motorcycle was damaged or totaled, those repair or replacement costs can be included in your claim. You may also be able to get the cost of your rental car covered.
- Lost wages and income: You can pursue compensation for missed work, lost bonuses, and future earnings if your injuries affect your ability to work.
- Pain and suffering: This category addresses physical pain, emotional distress, and the ways your injury has affected your daily life and mental well-being.
- Wrongful death damages: If a loved one passed away because of a motorcycle crash, a wrongful death lawyer in Columbia from Shelly Leeke Law Firm can help your family seek compensation for funeral expenses, medical bills, and the emotional toll of that loss.
- Punitive damages: In rare cases, the court may award additional compensation if the driver acted with extreme negligence or intentional harm. However, not every accident warrants punitive damages, and these are typically reserved for the most serious misconduct.
Insurance companies may act like they are on your side, but their goal is usually to limit how much they pay. You need someone on your side who will prioritize your best interests over financial gain.
Your motorcycle accident attorney in Columbia will take the time to value your case correctly and stand up to unfair settlement offers. We are here to make sure your claim is based on facts, not pressure.
Suing for Wrongful Death in a Motorcycle Accident Case
This is a position no family ever wants to be in, but if necessary, the surviving relatives of a person who dies in a motorcycle accident may be able to sue the negligent party. A wrongful death claim can only be filed if there is evidence to show that someone else’s actions caused the crash and surviving family members have suffered a loss.
According to South Carolina Code § 15-51-10, a wrongful death claim may be filed by the deceased person’s spouse, children, surviving parents, or estate executor. Compensation may include medical bills, end-of-life care, and financial support for dependents. Your Columbia motorcycle accident attorney can guide your family through this process.
Wrongful death claims can be difficult to manage without legal support. There are timelines to follow, paperwork to gather, and insurance companies that may try to deny responsibility. Our team is experienced with motorcycle accident litigation and knows what it takes to meet the legal requirements for these cases.
Why Motorcycle Accidents Happen
Our legal team works to understand exactly what occurred because that can help strengthen your case, especially if the other party acted with reckless or careless behavior. There are many different reasons these accidents happen. Some are caused by road conditions, while others are caused by drivers who simply do not see or respect motorcycles.
Some of the most common causes of motorcycle crashes include:
- Reckless driving: Speeding, making illegal turns, or failing to use turn signals can all lead to serious collisions. A Columbia reckless driving accident lawyer can help hold careless drivers accountable.
- Failing to check blind spots: Motorcycles are smaller and harder to see, making them more likely to be missed when drivers change lanes or merge.
- Distracted driving: Texting, eating, getting distracted by your passengers, or simply not paying attention behind the wheel puts motorcyclists at serious risk.
- Wet or slick road conditions: Rain, loose gravel, and other surface hazards can make it harder to maintain control, especially on two wheels.
- Poor lighting at intersections: Low visibility can make it harder for drivers to spot motorcycles at night or in poorly lit areas.
- Driver intoxication: When a driver is under the influence of drugs or alcohol, their judgment, reaction time, and awareness are reduced.
One of our primary goals as your motorcycle accident lawyer in Columbia is to find out exactly how the crash happened and who may be responsible. If the other person acted in a way that put you at risk, whether by speeding, texting, or ignoring your presence on the road, we are here to help you prove it and hold them accountable.
Defining the Statute of Limitations for Motorcycle Accident Lawsuits in Columbia
If you are thinking about filing a lawsuit after a motorcycle accident, it is important to know how long you have to take legal action. South Carolina law gives you three years from the date of the accident to file a personal injury claim, as outlined in South Carolina Code § 15-3-530. This limit applies to most motorcycle crashes involving injury, property damage, or wrongful death.
There are some exceptions that can affect your filing window. For example, if your injuries were not immediately apparent or if a minor was involved, the deadline may be extended. These situations are rare, but they do happen, and they can impact how much time you have to move forward with your case.
Waiting too long can cause problems, especially if important evidence disappears or a witness becomes hard to reach. Even if you are not sure whether you want to sue, it helps to speak with a Columbia motorcycle accident lawyer early. We can help you understand what your options are and make sure you do not miss your opportunity to file.
Common Injuries Reported After a Motorcycle Accident in Columbia
Motorcycle injuries are often severe because riders have very little protection from the impact of a crash. When a larger vehicle hits you at full speed, your body absorbs most of the force. That is why many people turn to a catastrophic injury lawyer in Columbia after a serious motorcycle accident like yours.
Some of the most common injuries we see after these crashes include:
- Spinal cord injuries: These can lead to reduced mobility or permanent paralysis. The physical and emotional toll can affect every part of your life.
- Traumatic brain injuries: Even with a helmet, riders can suffer serious brain trauma. These injuries may affect memory, speech, or decision-making.
- Deep cuts and facial disfigurement: Lacerations from shattered glass or contact with the road can lead to permanent scarring. Facial injuries may also require reconstructive surgery.
- Road rash: This painful injury happens when your skin scrapes across the pavement. Severe cases can lead to infection, nerve damage, or long-term complications.
- Broken bones or limb loss: Riders often suffer multiple fractures or even amputations. These injuries can mean extended time away from work and changes in mobility.
- Internal injuries: Organ damage and internal bleeding may not be obvious right away. Quick medical treatment is critical to prevent long-term complications.
- Eye trauma or vision loss: Blunt force injuries can damage the eyes or the surrounding areas. Some riders lose partial or full vision permanently.
- Severe burns: Fires or hot surfaces can cause burns that require skin grafts or leave lasting pain. Burn injuries are both physically and emotionally traumatic.
These types of injuries are often complicated and may take months or years to fully address. When you contact Shelly Leeke Law Firm, our team will walk you through each stage of your recovery. We can help you understand what kind of care you might need and what it will take to pursue your much-deserved compensation.
Meet with a Reputable Motorcycle Accident Attorney in Columbia for Help Today
You have been through enough, and now it is time to take back control. Our team understands how stressful this process can be, and we are ready to make it easier. From the moment you reach out, we will focus on what matters most to you: your health, your time, and your future.
We will explain what the process looks like and help you decide what to do next. If you are ready to talk, contact us to speak with your Columbia motorcycle accident lawyer at Shelly Leeke Law Firm. Your consultation is free, and you will not owe us anything unless we recover compensation on your behalf.
