In the rare chance that there are no injuries, the motorcycle usually needs extensive repair or outright replacement. All these cost a lot of money, and you’ll need all the help you can get to secure compensation. A North Charleston motorcycle accident attorney at the Shelly Leeke Law Firm may be able to help you recover the compensation you deserve.
Our North Charleston personal injury lawyers are ready to make sure you can focus on healing while we do the fighting for you. We will explore all available evidence, obtain the police report, and talk to witnesses. We will then use this information to build a strong case on your behalf.
Parties Who Can Be Held Liable in a North Charleston Motorcycle Accident Case
Motorcycle riders tend to suffer serious injuries or have their bikes wrecked in a crash despite following the rules of the road and abiding by state helmet laws. Most often, someone else is to blame for the accident. But to hold someone else liable for your losses, you must prove that their negligence caused the accident.
This is what an experienced motorcycle accident attorney in North Charleston will try to do. But first, your lawyer has to determine what caused the accident in the first place. Most of these traffic collisions are usually caused by one or more of the following:
- Excessive speeding
- Distracted driving
- Loss of control
- Failure of other road users to see the motorcyclist
- Driving under the influence of alcohol or illicit substances
- Dangerous road conditions
- Drivers making wrong left turns
- Lane splitting
The Grounds for Filing a Motorcycle Accident Injury Claim in North Charleston
In South Carolina, you can only file an injury claim if your claim meets certain criteria. The most important criteria are negligence and recklessness. The four elements of negligence must be present to show that the at-fault party was responsible for your accident, and these include:
- Duty of care: The other motorist was obligated to maintain a duty of care for other road users.
- Breach of duty of care: The motorist breached that duty by behaving negligently.
- Causation: The motorist’s negligent behavior caused your accident.
- Damages: The accident resulted in injuries and financial losses.
For instance, a driver owes it to other North Charleston road users to drive carefully and reasonably so that other road users are not harmed. If that driver starts driving recklessly, gets into an accident, injures the occupants of the other vehicle, and those victims have to pay for treatment or suffer other losses, an experienced lawyer can bring legal action against the driver. Talk to us today about your case.
Compensation for Injured Victims of Motorcycle Accidents in North Charleston, SC
You can be compensated for your financial losses after a motorcycle accident. The compensation can be used to pay for related expenses or any other need you have. If a road user is found to be responsible for your motorcycle accident in North Charleston, the motorcycle laws in South Carolina can compel the at-fault road user to compensate the victim with the following:
- Medical costs
- Loss of income
- Property repair or replacement
- Reduced capacity to earn an income
- Pain and suffering
- Mental anguish
- Disfigurement and scarring
- Loss of consortium
- Loss of companionship
- Extra out-of-pocket costs brought on by the motorcycle crash
These are the basic damages that a victim can claim. However, in some instances, the victim may file for punitive damages. These damages are awarded where there’s proof of gross misconduct or intentional harm by the defendant and are meant to serve as a deterrent to people who may want to do something similar in the future. Our motorcycle accident lawyer in North Charleston is here to protect your rights.
Wrongful Death Compensation
Last year, South Carolina recorded the highest number of deaths caused by motorcycle accidents in 40 years. According to the report, 154 individuals lost their lives in those motorcycle crashes. The sad thing about these accidents is that most of them are preventable.
If your loved one succumbed to their injuries following a motorcycle accident, you can file a wrongful death claim. This will cover the losses that your loved one would have obtained had they survived to file a personal injury claim, as well as your losses related to their passing, such as funeral and burial expenses. Schedule a free consultation at your convenience.
Consider the Long-Term Implications of a Motorcycle Accident
One of the most challenging aspects of motorcycle accidents is that they often come with intense injuries that carry long-term implications for your health, well-being, and emotional stability. When it is you against a fast-moving car without any type of protection around you, there is little doubt that the outcome can be devastating. As your motorcycle accident lawyer, we want to be sure we have factored in all losses related to your case, including those that relate to your long-term losses, which include the following:
- Will you need additional procedures in the future? It is not uncommon for victims to need multiple surgeries, for example, to help them fully recover. This may be due to a progressing condition, for example, due to the accident.
- Will your mobility be impacted in the long term? Though many riders face initial mobility concerns after a motorcycle accident, it is, unfortunately, common for limitations to remain for years to come, including difficulty with riding again.
- What type of pain and suffering will you likely have? To determine this, we often speak to your medical provider to get an idea of what the long-term pain management strategy may be for you. Will it impact your quality of life?
- Is there an emotional trauma present that needs care? In some situations, trauma may take years to become evident, and when it does, it can change the course of relationships, a person’s ability to maintain a job, and overall quality of life.
- Will the lack of mobility or pain limit your ability to earn in the future? This is, unfortunately, a reality for many people. They struggle to get back to work or may no longer have the same career trajectory as a result of the limitations on their physical well-being.
By better understanding the long-term implications of your accident, we can help you pursue compensation from the insurance company that is comprehensive and fair. Without this type of detailed look into the future, that is much more difficult to do. If you have questions, do not hesitate to call us in North Charleston.
Why Motorcycle Accidents Happen
As you think about your future and wonder what happened to you, you may become “stuck” on why this occurred. Unfortunately, we do not always understand the underlying cause, but there are a few very common reasons motorcycle accidents happen. Some examples include:
- Distracted driving. Motorcycles are easier to miss, and when a driver is talking on the phone, arguing with a passenger, or looking at their text messages, that puts you at a higher risk of being in an accident.
- Reckless driving. Speeding and improper lane changes are also very common causes of motorcycle accidents. They can occur to anyone, but motorcycles are less likely to be noticed by a driver who is rushing.
- Inexperienced drivers. There are many times when the other driver simply does not know how to operate their vehicle on the road with motorcycles.
- Intoxication. The other driver may not be fully able to react if they are intoxicated. Drunk driving can be highly dangerous to anyone on the road with the driver, especially motorcycle accidents.
- Not seeing the rider. Perhaps one of the most common excuses for why motorcycle accidents occur is just not seeing them. The driver may not have been paying attention or may have been focused on something else.
In all of these situations, the other driver is directly responsible for the losses that have been incurred. That means that you, as a rider, have the right to seek out compensation for your losses. We can help you.
The Statistics Surrounding Catastrophic Injuries and Death
Unfortunately, 80% of motorcycle accidents tend to result in catastrophic injuries or death, according to the National Highway Traffic Safety Administration (NHTSA). This is because, unlike other vehicles, motorcycles have no protective “shield” or frame. So, when there is a traffic collision involving a bike, contact is often directly with the object.
Factors that Will Affect My Compensation Amount
Compensation amounts differ from accident to accident. That is why it is imperative you speak to an attorney about your case. Please note that how much you’ll get as compensation depends on things like how bad your injuries were, if your motorbike was damaged or totaled, how long you’ll be in treatment, and whether you’ll be out of work for a while.
Also, because South Carolina is a modified comparative fault state, the law will consider your role in the accident. As long as your liability is less than 51%, you will get some compensation. But even that settlement amount will be reduced by the degree of your culpability.
So, if the total settlement was to be $200,000, but you were found to be 20% responsible, you’ll only get $160,000 as final compensation. If all these sound like a lot of legalese, don’t worry; our skilled motorcycle accident attorneys will explain everything to you.
Overcoming Motorcycle Accident Stigma
Motorcycle riders are often thought to be reckless, engaging in behaviors that put them at risk. As a responsible rider, you may have heard this before, but when an accident occurs, it may impact you much more. This stigma can impact your ability to obtain fair compensation for your losses.
As your North Charleston motorcycle accident lawyer, we make it our goal to ensure you never find yourself in that situation. We gather all data and evidence available to help refute any claim that you could be responsible for these losses. Learn more about your case by calling us today.
Why This Matters
When you head to court for a motorcycle accident, which can happen when the losses are substantial, you want to be sure the judge and jury do not believe that you were engaging in reckless behavior and it is because of that engagement that you are suffering. Unfortunately, even people who believe they do not carry such stigmas do. We aim to use evidence to prove the other driver caused the incident and your losses so you get maximum compensation for your losses.
Let Us Handle the Insurance Company
As you work to obtain compensation for the losses you have, know that our legal team is here to help you. We recognize that the insurance company may be willing to send you a payment quickly, but if that is only a fraction of what they owe to you – what you suffered – that is not fair. Our highly experienced motorcycle accident attorneys in North Charleston are trusted professionals with experience you can rely on.
The attorneys at Shelly Leeke Law Firm are committed to getting you the maximum compensation owed to you. We pay close attention to your specific needs and handle all of the insurance company’s questions and concerns. Most importantly, we go to bat for you. If they will not provide fair compensation for your losses, we will seek out support for you.
If you feel as if you are being bullied or taken advantage of by an insurance company, know that you are not alone in this battle. Remember that there is no fee for our services unless we win your case for you. Reach out to us right now. We are available to offer a free consultation to discuss your case in private.
Contact Our North Charleston Motorcycle Accident Attorney
Motorbike accidents can be very dangerous. The worst part of these crashes is having to deal with the outcome of someone else’s negligence. Most bikers who are involved in these wrecks not only have to deal with their injuries, but they also have to worry about paying their medical bills, as well as taking care of their family.
It’s a difficult position for anyone to be in and one that our North Charleston motorcycle accident attorneys are all too familiar with. This is why we want to help you get the compensation you deserve. You shouldn’t have to deal with all these issues in the first place.
So, let our highly competent and skilled personal injury lawyers help you get the compensation you need. At the Shelly Leeke Law Firm, our attorneys are committed to helping injured victims get a fair and satisfactory settlement offer for injuries and losses they suffered in a bike wreck. Contact us today to discuss your case in a free consultation.