Securing a settlement after a motorcycle accident in Mt. Pleasant, SC, is rarely simple. That is why, to get compensation, you will often need to hire a lawyer. With an experienced Mt. Pleasant personal injury lawyer at your side, you will be able to file your lawsuit and present a compelling argument against any at-fault parties. The team at the Shelly Leeke Law Firm has over a decade of experience with personal injury lawsuits, and our Mt. Pleasant motorcycle accident lawyer is available to review your case.
Why Motorcycle Accidents Happen in Mt. Pleasant
You must complete a road test to get a motorcycle license in South Carolina. Even if you pass this test, get your license, and ride safely, there is no guarantee that you will be able to avoid an accident. Motorists get into crashes with motorcyclists every day, and these collisions happen for many reasons, such as:
- Distracted Driving: If a motorist is driving while distracted, they will not necessarily see a motorcycle rider and cause an accident.
- Speeding: When a driver is traveling faster than the posted speed limit, they may not be able to stop quickly enough to prevent their vehicle from crashing into a rider.
- Left Turns: A driver who is turning left may misjudge their speed or not see a motorcyclist, leading to a collision.
- Lane Changes: There are times when a motorist changes lanes quickly or without looking and slams their vehicle into a rider who is traveling in their blind spot.
- Poor Road Conditions: Potholes or other hazards can make the roads unsafe for both motorists and motorcyclists.
In many instances, a motorcycle rider is able to sue a negligent driver for an accident. For example, a motorist can look down at their cell phone while behind the wheel and cause a multi-vehicle accident. The motorist was negligent because they chose to focus on their phone instead of safe driving, and as such, can be held responsible for the incident.
Can you sue the city after a motorcycle accident?
If a motorcycle rider crashes their bike due to poor road conditions, they may be able to sue the South Carolina Department of Transportation (SCDOT). The rider must prove that SCDOT had a duty of care that was breached. It must also show that this breach led to the motorcyclist’s accident, injuries, and damages.
What to Do After a Motorcycle Accident in Mt. Pleasant
In 2020, at least 116 motorcycle fatalities were reported in South Carolina, according to the state’s Department of Public Safety. If you are involved in a motorcycle collision in Mt. Pleasant, it is important to respond the right way. Here are tips to ensure you get the help you need after your motorcycle crash without putting yourself or anyone else in danger:
- Call 911. This will bring medical personnel and police officers to your accident scene.
- Do not take responsibility for the crash. Anything you say following your crash can be used against you, so you should not accept any blame for the incident.
- Get photos and videos. Use your smartphone to capture photos and videos of any damage to your bike and injuries.
- Request the at-fault driver’s contact information. Get the first and last name, insurance information, driver’s license information, and vehicle plate number of the driver responsible for your crash.
- Go to a doctor. Undergo a medical evaluation, treat your injuries, and continue to do what your doctor orders.
- Track your losses. Keep an eye on your medical bills, lost wages, and any other losses you incur due to your accident.
- Do not accept a settlement offer. Beware of a settlement offer from the at-fault driver or their insurance company — if you accept the proposal, you may not get the total compensation you need to cover all of your losses.
- Consult with a motorcycle accident lawyer in Mt. Pleasant. Meet with an attorney who will learn about you and your accident and help you figure out if you have a valid claim.
According to South Carolina Code §15-3-540, you have three years to submit a personal injury claim. The window for submitting an injury lawsuit cannot be extended. If you choose not to file your lawsuit right away, the statute to do so could expire, which means you are 100% responsible for any accident-related losses.
Why Do You Need a Motorcycle Accident Attorney in These Cases?
A motorcycle accident attorney in Mt. Pleasant will encourage you to pursue economic and non-economic damages. The Shelly Leeke Law Firm will help you request compensation for your medical expenses, damage to your motorcycle, and more. To learn more, get in touch with us.
How Much Compensation You Can Get in a Motorcycle Crash Lawsuit
The amount of compensation awarded in a personal injury case depends on the claim itself. Your lawyer helps you calculate your motorcycle collision damages. They will consider your short- and long-term losses and account for them when you file your lawsuit.
A modified comparative fault system is in place in South Carolina, per the state’s Contribution Among Tortfeasors Act. This system impacts the amount of money you may be awarded in a personal injury claim. If you are found to be more than 50% responsible for your injuries, you cannot receive any damages.
South Carolina law states that you must be less than 51% at fault in an injury lawsuit to be awarded damages. If you are less than 51% at fault but share some of the responsibility, you can still collect compensation. However, your damages will be reduced by your percentage of fault.
How a Lawyer Helps You Recover from a Motorcycle Accident
Motorcycle riders can sustain serious or life-changing injuries. The physical and emotional trauma of these injuries can be significant. With help from an attorney, a motorcyclist is well-equipped to secure compensation that they can use to cover their injury costs.
For instance, a rider can suffer a traumatic brain injury (TBI) in an accident caused by a negligent motorist. This injury may affect the motorcyclist for the rest of their life. Regardless, the rider’s attorney will help their client fight for compensation that they can use to cover any treatment expenses and other short- and long-term losses.
Your lawyer represents your best interests throughout your motorcycle accident lawsuit. They will answer frequently asked questions and many others about personal injury claims. If your case goes to trial, your attorney advocates for you and protects your legal rights.
Avoid Settling Your Case with the Insurance Company Just Yet
If you are in a motorcycle accident, the insurance company may try to get you to settle your case quickly. Avoid doing so. Instead, make sure you do the following:
- Contact and hire our motorcycle accident attorney in Mt. Pleasant to help you.
- Let us handle the insurance company and all of their questions. We will also investigate the value of your case based on the losses you received.
- Enable our motorcycle attorneys to gather evidence and fight for full and fair compensation. We have the experience to know how to prove who is at fault and to help get our clients compensation for their losses.
- We will negotiate on your behalf with the insurance company, helping you to fight for the highest level of compassion possible.
- If the insurance company will not settle your case, we will go to court for you, helping you to purchase additional compensation you may be owed.
- Avoid social media and making any comments about your health and well-being during the case – let us handle that for you.
- Work on your recovery, including going to the doctor to get all of the medical care your doctor recommends.
Through this entire process, our motorcycle accident attorneys in Mt. Pleasant will remain by your side. We do not let you settle your case too soon without knowing what all of your losses are, and we always will help you to handle insurance company questions and comments with confidence. When you have an attorney to help you like this, you can feel confident in moving your case forward.
File Your Motorcycle Accident Lawsuit
Do not let someone else off the hook if they caused your motorcycle accident and injury. At this point, schedule a consultation with a Mt. Pleasant motorcycle accident attorney from the Shelly Leeke Law Firm. To request a free consultation, contact us today.