No one rides a motorcycle intending to be injured. Some people ride as a means of transportation, others as a way to relax and enjoy the open road. Whatever the reason, they should be able to do so knowing that those around them are driving responsibly. When others willfully disregard the duty of care they owe others and cause an accident, they need to be held responsible for their negligent behavior.
It is not always simple to understand fault. Our motorcycle accident lawyer in Columbia will work with you. We will help you better understand your rights. We encourage you not to settle your case until you speak to an attorney you trust.
Without a doubt, our goal is to support your best outcome. That means focusing on helping you to recover the losses you are owed. A Columbia motorcycle accident lawyer at Shelly Leeke Law Firm can provide victims with the justice and guidance needed. Our Columbia personal injury lawyer is ready to fight for the compensation that you deserve.
South Carolina Motorcycle Accident Statistics
According to The Greenville News, South Carolina is experiencing more motorcycle deaths than it has in 40 years. The data shows that 154 people die yearly from South Carolina motorcycle accidents. Motorcycle deaths have not been this bad in South Carolina since 1980. And data from the Centers for Disease Control and Prevention (CDC) shows that helmets reduce the risk of death by almost 40% and the risk of head injuries by nearly 70%.
Yet, South Carolina is a state that only requires those under the age of 21 to wear helmets while riding a motorcycle. This data brings to light the realities of the road and why those riding motorcycles need to be careful. Even when you are careful, though, it is often the other party’s responsibility on the road with you to see you, treat your motorcycle with caution, and follow the rules of the road.
When they fail to do this, it puts you at risk, and that means you have the right to seek compensation for the losses you have endured. The losses you have may be extensive and may have impacted virtually every part of your life. It is our job to ensure you receive the compensation owed to you in these situations.
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. Demonstrating that there was a lack of diligence is essential because every driver, regardless of their mode of transportation, must navigate roads with care to protect others on the road with them. Failure to do so is an indication of negligence, and that means you may have the right to seek maximum compensation for the losses you have incurred.
Proving negligence requires identifying four pieces of criteria. It must be made clear that a duty of care was owed to other drivers and that the duty of care was breached, while the third and fourth criteria require demonstrating that the breached duty of care resulted in injuries and that the accident caused damages. If this is what occurred in the motorcycle crash you were in, and you have severe injury, damage to your bike, and other losses, our legal team can assist you.
Unfortunately, even if you think that you have a clear case, motorcycle accident victims often face challenges in providing their losses and even proving that the other driver was responsible for the motorcycle accident. That is why we strongly encourage you to work with a motorcycle accident attorney who has ample experience supporting victims. Our personal injury attorney is here to guide and help you throughout this process.
Evidence Needed to Build a Strong Case
A case with no evidence is like a stool with no legs. It cannot stand on its own. For a case to hold up in court, evidence is required.
It is better to start with too much evidence than with too little. Police reports and photos of the motorcycle accident, injuries sustained, and vehicle damage are all useful, as are healthcare bills and receipts, such as proof of the cost to repair the victim’s damaged vehicle, are essential. For those unaccustomed to being in situations like this, a motorcycle accident attorney in Columbia can provide valuable guidance.
The evidence in your case can be even more comprehensive, including data from witnesses and expert witnesses, accident recreation, and medical reports. We may be able to obtain the medical records of the other driver if you suspect they were intoxicated or their cell phone records if they were texting while driving. The goal at Shelly Leeke Law Firm is to work hard to build a strong case with as much information and evidence as possible.
Damages that Can Be Collected in a Columbia Motorcycle Accident Case
Victims of a motorcycle accident in Columbia can receive compensation from the liable party for numerous damages. They can include healthcare costs, money spent repairing a vehicle, lost wages, pain and suffering, damages associated with wrongful death, and punitive damages. Some examples of the expenses you may have after a motorcycle collision include:
- Healthcare costs: these can include medical expenses, such as bills, prescriptions, short-term or long-term treatment, physical therapy, and necessary medical supplies, among others.
- Vehicle repair expenses: costs to repair a victim’s damaged motorcycle should fall on the negligent party and be included in a claim.
- Lost wages: this can include income from an employer, raises, and bonuses because all may be lost as a result of the injuries sustained during the accident.
- Pain and suffering: these are for general damages, and there is no limit on the amount that can be awarded because they are meant to cover mental anguish, anxiety, distress, and an overall reduction in the victim’s quality of life.
- Wrongful death damages: the family of someone who dies in a motorcycle accident can file a claim for these damages to account for medical costs, physical and psychological pain and suffering, and more. Funeral and burial costs can also be included in wrongful death damages.
- Punitive damages: if it can be proven that the liable party was malicious, fraudulent, or oppressive in their negligent behavior, punitive damages may also be considered.
Insurance companies know how devastating and financially taxing a motorcycle accident can be, but they are never on your side. They will try to reduce what they pay out to you because it is in their best interest to do so – and that is going to cost you money and make it hard for you to support your long-term recovery financially. Let our personal injury attorney in Columbia go to work fighting for you.
How Long It Will Take to Settle a Columbia Motorcycle Accident Claim
It is natural for victims and their families to say, “When will this be over?” They may be dealing with a variety of effects now and in the future as a result of the injuries that the accident caused. The last thing they need is for the claim to drag on indefinitely.
While there are no hard-and-fast rules about how long motorcycle accident claims last, on average, they tend to run anywhere from six months to one year before they are resolved. Of course, having a motorcycle accident lawyer in Columbia in tow will help expedite matters. Our goal is to help you settle your case as quickly as possible while also ensuring you do not settle for less than you are owed.
To achieve that goal, we work quickly to gather evidence, pull together your case, and support your efforts to obtain maximum compensation for your losses in a settlement. If a settlement is not possible and the insurance company is not willing to provide it, we will work to file a lawsuit against them. Though this takes longer to settle, it is beneficial when you are not getting the legal support you need.
Suing for Wrongful Death in a Motorcycle Accident Case
It is a position that no one ever wants to be in, but if necessary, the family of a person who dies during a motorcycle accident can sue the negligent party. However, they may only do so if specific evidence is present to prove that wrongful death occurred and others are owed for the losses. Wrongful death cases in motorcycle accidents are not uncommon, unfortunately, and our legal team can help you navigate them.
Who can file the claim? The deceased person’s spouse, children, surviving parents, or a person in charge of the individual’s estate may have the legal right to file a claim after this death occurs. You may be able to obtain compensation for the medical bills, and end-of-life care, as well as compensation for your losses if you were dependent on this individual during their lifetime.
A Columbia motorcycle accident lawyer can help ensure that the necessary criteria are met when considering a wrongful death claim. South Carolina law can be challenging to understand under such circumstances, so it is always advised to recruit the services of an attorney who has worked on many Columbia motorcycle accident cases. Doing so will position the victim’s family for success.
Why Do Motorcycle Accidents Happen?
If you have been a victim of a motorcycle accident, you may be wondering why this happened to you. Our legal team wants to understand better what occurred as well, as that can help to strengthen your case, especially if the other party was negligent due to reckless behavior. There are multiple reasons these accidents can occur, and here are some of the most common reasons motorcycle accident victims suffer them:
- Reckless driving, such as speeding, illegal turns, or not signaling by the other driver
- Not looking at blind spots
- Distracted driving as a result of texting, talking, or otherwise not paying attention to what is occurring on the roadway
- Road conditions if it is wet or slick for any reason
- Poor lighting at intersections that make it hard for drivers to see vehicles
- Intoxication of the other driver
One of our primary goals is to gather information about the fault in your case so that we can then determine if the person acted in a way that put you at risk intentionally or due to reckless behavior. If that is the case, you may qualify for punitive damages, which are over and above what you may receive in a motorcycle accident for economic and noneconomic losses. We also want to ensure that all responsible parties are held accountable for the losses they created.
Common Injuries Reported After a Motorcycle Accident
The types of injuries suffered by motorcycle accident victims are complex and often devastating. Your bike offers you no protection from the fast-moving, heavy car that will slam into your body. That is why many of our clients suffer severe injuries, including injuries such as:
- Spinal cord injuries sometimes resulting in paralysis
- Traumatic brain injuries
- Lacerations and disfigurement injuries
- Road rash, which often leads to skin infections and disfigurement
- Broken bones, smashed bones, and amputations of legs and arms
- Internal injuries, including damage to organs that cause internal bleeding
- Loss of vision due to eye injuries
- Burns from the impact
- Crushing injuries when a person is pinned in a motorcycle accident
- Post-traumatic stress disorder
- Severe anxiety and depression onset
No matter what happened in your motorcycle crash, if you have injuries like these, you have complicated losses that require a skilled attorney to help you navigate what your legal rights and options are. When you contact our law firm about your accident, we answer your questions, help you determine what injuries you have that may require long-term care, and then create a plan to ensure you receive compensation for those damages. We are ready to fight for you today.
How We Develop Evidence to Support Your Claim
When you suffer an accident that is tragic and causes long-term financial loss, you need to have access to a trusted attorney who can guide you. Our team does this in numerous ways, including gathering evidence to support your claim, including establishing that what happened to you was due to negligence and recklessness. Some of the ways our attorneys will work to gather evidence to prove your case include the following:
- Police reports: A police report is one of the most important tools, but what is listed here is not always the full story.
- Witness statements: Our attorneys will gather information from all witnesses who may have seen what occurred.
- Medical experts: A component of the work we do is to discuss your case with your doctors and medical experts to better analyze the losses you have and what that will mean over the long term.
- Accident recreationists: There are situations where it can be beneficial to have a professional recreate the incident and offer guidance on what occurred, especially if there is any question of fault.
- Video and photos: In situations where there are videos and other documentation available to prove your case, we will use that information to help you as well.
- Your statements: The information you provide can also be helpful as it can give us insight into what happened before and after the incident, what you heard or saw, as well as what you are experiencing.
- Statements from family and friends: We can also use statements from family, friends, your employer, and others who can shed light on what occurred to you but also on how this has impacted you and your quality of life.
- Cases like your own: Our team will also work very closely with you to compare your case to others that have happened to others, which can be used as a way to support your claims for compensation.
- Accident data: Our team will also work to gather any accident data available, such as information from commercial truck logs, vehicle navigation data, or other information that may be available.
- Other driver medical information: We may also be able to get information about the other driver’s medical condition, such as toxicology reports, that could shed light on the cause of the injury.
All of this information could help to create a strong case for you. Though what is applicable in your situation will be vastly different, our team will work very closely with you to help you navigate the legal process. Let us explore all of the risks related to your situation and the evidence available to you.
Contact Shelly Leeke Law Firm for a Motorcycle Accident Attorney in Columbia
For those who find themselves a victim of a motorcycle accident in Columbia, there is only one option — speak with a Columbia motorcycle accident attorney at the Shelly Leeke Law Firm during a free consultation. We help victims and families ready to move forward after an accident or injury do just that. We know what it is like to face mounting bills, a loss of income, and tough decisions, and the easiest and best decision a victim can make after suffering a motorcycle accident in Columbia is to contact us today.