Motorcycle accidents often result in severe injuries and significant losses. The recovery process can be long and expensive, leading to financial instability due to time away from work and out-of-pocket expenses. These added stresses can make it challenging to focus on your health. If you’ve been the victim of someone else’s negligence or recklessness, you shouldn’t have to endure these effects alone.
Our Greenville motorcycle accident lawyers are here to help.
At the CEO Lawyer Personal Injury Law Firm, we’re more than just lawyers—we’re close confidants, leaders, and advisors. Our services are designed to ensure your recovery is as smooth as possible.
We manage every detail of your case from start to finish and provide the compassion and individualized attention you need to improve your state of mind after an accident.
The genuine care we have for our clients and the support we aim to provide injured people in our community. Contact us today for a free legal consultation or to learn more about what the CEO Lawyer Personal Injury Lawyer can do for you.
How Our Greenville Motorcycle Accident Attorneys Can Help?
A Greenville, South Carolina, motorcycle accident lawyer can provide valuable assistance with your case in several ways:
- Reviewing Your Case: Our attorney can assess your situation to determine your legal options and the best course of action for your claim.
- Determining Liability: Identifying who is responsible for your injuries is important. Our lawyer can investigate the circumstances of the accident to determine liability.
- Gathering Evidence: Our lawyer can gather evidence, such as medical records, police reports, dashcam footage, and surveillance footage, to support your claim.
- Completing Claim Paperwork: The legal process involves a significant amount of paperwork. Our attorney can handle all aspects of claim paperwork and ensure everything is filed correctly and on time.
- Negotiating with Insurance Companies: Insurance companies may not always offer a fair settlement. Our lawyer can negotiate with them to seek a fair and just settlement.
- Filing a Lawsuit: If negotiations with the insurance company are unsuccessful, our lawyer can file a lawsuit to seek damages in a trial.
- Representation in Court: If your case goes to trial, our lawyer can represent you in court, presenting your case to a judge or jury.
With the help of our skilled motorcycle accident attorney, you can maximize your chances of obtaining just compensation for your injuries and managing the legal system.
How Can You Benefit from Hiring Our Greenville Motorcycle Accident Law Firm?
Hiring the CEO Lawyer Personal Injury Law Firm after a motorcycle accident is essential. It protects the value of your claim by preventing the insurance company from undervaluing it.
It allows you to transfer the stress of battling with a large insurer, freeing you to focus on recovery. While some may believe they can save money by handling their claim alone, the right lawyer can protect your claim’s value in numerous ways, potentially resulting in significantly higher compensation.
Our experienced lawyers know how to investigate accidents thoroughly, uncovering evidence that may have been overlooked. They can also establish all parties at fault for your damages, ensuring you don’t leave any potential compensation unclaimed.
Additionally, our skilled lawyers can make critical connections between the actions of the at-fault parties and your resulting damages, accurately determining all your damages to maximize your compensation.
Moreover, our lawyers can guide settlement offers and manage communications with the insurance company to avoid miscommunications and prevent the delay or denial of claims. By hiring our law firm, you also have the option to pursue a lawsuit if the insurance company refuses to settle in good faith.
Each aspect of hiring a lawyer contributes to the strength of your claim, ensuring you receive the compensation you deserve.
Common Causes of Motorcycle Accidents
Motorcycles share the same inherent risks as passenger and commercial vehicles but face dangers unique to motorcycle riding. Here are some common causes of motorcycle accidents:
- Size and height: Motorcycles are harder to see due to their smaller visual outline than other vehicles. This makes them more likely to be in a blind spot or behind several cars at an intersection, posing a significant hazard to motorcyclists.
- Potholes and obstacles: Potholes, oil slicks, and debris on the road can be more dangerous for motorcycles than other vehicles. Municipalities are responsible for fixing these road hazards, and failure to do so can make them liable for motorcycle accidents.
- Balance: Higher speeds can make motorcycles unstable, but issues with wheel alignment can also cause accidents. In such cases, legal action can be taken against the manufacturer.
- Manufacturer defects: Defective wheels, tires, brakes, or steering can fail unexpectedly, leading to accidents, especially at high speeds. Manufacturers must ensure their products are in optimal working condition.
- Other drivers: Negligent behavior from other drivers, such as aggressive driving, drunk driving, distracted driving, and speeding, poses a severe risk to motorcyclists. This shared danger among all forms of transportation is more serious for motorcyclists due to their lack of protection.
Motorcycle accidents can lead to other claims, such as personal injury, product liability, and property rights. Consulting with our experienced motorcycle accident attorneys can help you understand the types of claims you can file and the compensation you may qualify for based on the damages you incur financially, physically, and mentally.
What are the main types of Motorcycle Accidents in Greenville?
Like in many other places, motorcycle accidents in Greenville can vary widely in nature and severity. Here are some of the most common types of motorcycle accidents encountered in the area:
- Lane Splitting
Lane splitting, where a motorcyclist navigates between slow-moving or stopped traffic lanes, poses significant risks in Greenville. While it might seem like a convenient way to avoid traffic jams, it can lead to collisions, significantly if other vehicles unexpectedly change lanes. Greenville does not have specific laws allowing lane splitting, and motorcyclists might face penalties for unsafe driving practices. Riders are advised to avoid lane splitting and follow standard lane usage to maintain safety.
- Alcohol Impairment
In Greenville, driving a motorcycle under the influence of alcohol significantly increases the risk of accidents. Alcohol impairs a rider’s reaction time and focus, essential for safe motorcycle operation. The decreased ability to respond to sudden changes in traffic or road conditions can lead to severe accidents. Local authorities emphasize the dangers of alcohol consumption before riding, noting that such behavior not only endangers the rider but also other road users. Motorcyclists must avoid alcohol before taking the handlebars to ensure their safety and that of others.
- Head-On Collisions
Head-on collisions are especially dangerous and often fatal for motorcyclists in Greenville. These accidents usually happen when a motorcycle and a vehicle collide directly, often propelled by speeding or reckless driving. The force of such impacts can eject the rider from the bike, leading to severe injuries or death, despite helmet use. Motorcyclists are urged to maintain safe speeds and remain alert to avoid head-on collisions, prioritizing safety over risky driving behaviors.
- Excessive Speeding
Speeding remains a prevalent cause of motorcycle accidents in Greenville. The thrill of high speeds can entice many riders; however, exceeding speed limits reduces the critical time needed to react to road obstacles or unexpected situations. Motorcycles, especially high-performance models, are more vulnerable in high-speed scenarios, often leading to crashes. Local traffic laws enforce speed limits to enhance safety for all road users. Riders are encouraged to adhere to these limits, prioritizing their well-being over the fleeting excitement of speeding.
- Left-Turn Incidents
Intersections in Greenville are common sites for accidents involving motorcycles and vehicles making left turns. These collisions typically occur when a vehicle turns left in front of an oncoming motorcycle, leading to severe impacts. Due to a motorcycle’s smaller size and lower visibility, drivers often misjudge the speed and distance of an approaching motorcycle, resulting in accidents. Motorcyclists should remain vigilant at intersections and anticipate the actions of other drivers to avoid these dangerous situations.
Motorcycle Laws in South Carolina
South Carolina has laws to protect motorcyclists and drivers who share the road with motorcycles.
Here are the key regulations:
Helmet Laws:
- Drivers under 21 must wear a Department of Public Safety-approved helmet with a neck or chin strap and reflectors on both sides. Goggles or a face shield are also required unless the helmet has a face shield.
- Drivers 21 and over are not required to wear helmets, but it’s advisable. They must wear a helmet if they ride in a state where helmets are required for adults.
Licensing:
- Motorcyclists must have a Class M license from the Department of Motor Vehicles to ride on South Carolina streets.
Other Laws:
- Riders must ride on a permanent, regular seat.
- Carrying passengers is only allowed if the motorcycle is designed for a passenger with a regular permanent seat intended for two people and footrests for both individuals. A second seat attached to the rear or side of the vehicle is also acceptable.
- Riders must ride facing forward with their legs on either side of the bike.
- Carrying a package that prevents keeping both hands on the handlebars is prohibited.
- Carrying a passenger in a way that obstructs the view or ability to operate the bike is not allowed.
- Motorcycles cannot pass a vehicle in the same lane. They must use a separate lane to overtake.
- Motorcycles may ride in their lane, and it’s illegal for another vehicle to share that lane with them. However, two motorcycles can ride together in one lane. More than two motorcycles per lane are considered unsafe.
- Riding between lanes or between adjacent rows of vehicles is not allowed.
- Attaching oneself or the bike to another bike or vehicle on the road while riding is prohibited.
- Motorcycles must be equipped with a rearview mirror providing an adequate view of what’s behind them.
- Headlights must be kept on at all times while riding.
Note: A stoplight rule in South Carolina allows motorcyclists to proceed through red lights after being at a complete stop for at least 120 seconds. However, riders must be cautious as traffic may come from either direction, and they may be ticketed by law enforcement officers who disagree with the length of the stop.
Steps to Take After Being in a Motorcycle Crash
The steps you take after a motorcycle crash can significantly impact your potential personal injury case. To protect your right to compensation, follow these recommended steps:
- Get to a safer location: If possible, move yourself and your bike away from traffic, such as to the shoulder of the road or a nearby parking lot.
- Keep your safety gear on: Do not remove your helmet or other safety gear until the police arrive. This can protect you from further injuries and prevent others from claiming your injuries were due to a lack of protective gear.
- Call 911: Even if you don’t feel injured, it’s wise to call 911. The police officer can provide details about the accident in an official report, and EMS professionals can identify hidden injuries and ensure you receive prompt care.
- Tell your side of the story to the police: Remain calm and provide a factual account of the accident. Avoid admitting fault or blaming others; simply explain your version of events.
- Gather evidence: Take photos of the accident scene, vehicle damage, and your injuries. Get contact information from any witnesses.
- Notify your insurance company: You must notify your insurance company, but avoid discussing fault and wait to speak with an attorney before offering a recorded statement.
- Seek medical attention: Visit urgent care or your primary care physician. Some injuries may not be immediately apparent, and prompt medical attention can establish a link between the accident and your injuries.
- Consult with a motorcycle accident attorney: Our Greenville motorcycle accident lawyers can help determine if you have a case and advise you on pursuing compensation. They can guide you through the legal process if you file a claim.
Possible Damages You Can Claim in a Motorcycle Accident
In a Greenville motorcycle accident claim, the goal is to recover compensation for the losses sustained due to the other party’s negligence. These losses, known as damages, can be categorized as follows:
Economic Damages:
- Medical Expenses: This includes all medical costs related to the accident, such as hospital bills, surgery costs, medication expenses, rehabilitation costs, and any other medical treatment required.
- Lost Wages: If the accident caused you to miss work, you can claim compensation for the income you would have earned during that time.
- Lost Earning Capacity: If your injuries prevent you from returning to your previous job or earning the same income as before, you can claim compensation for the loss of future earning capacity.
Non-Economic Damages:
- Pain and Suffering: This includes physical pain and emotional distress caused by the accident and its aftermath.
- Emotional Distress: The mental anguish, anxiety, and stress resulting from the accident can also be compensated.
- Loss of Enjoyment of Life: If your injuries have significantly impacted your ability to enjoy life and participate in activities you once loved, you may be entitled to compensation for this loss.
Punitive Damages:
In rare cases, punitive damages may be awarded. These damages are meant to punish the at-fault party for particularly egregious conduct.
They are not awarded to compensate the victim but rather to deter similar conduct in the future.
These damages can vary depending on the specifics of your case. Consulting with our Greenville motorcycle accident attorney can help you understand the types of damages you may be eligible to claim and the compensation you may receive.
Who May Be Found Responsible for a Motorcycle Accident?
You must demonstrate that the at-fault party’s negligence caused the accident to obtain compensation for a motorcycle accident claim or a wrongful death claim resulting from the accident. Additionally, you must prove a link between the victim’s damages, injuries, and the accident.
Depending on the facts, a party may be liable for a motorcycle accident in several ways. Some examples include:
- Another Vehicle Striking the Motorcycle: If another vehicle strikes the motorcycle, the driver of that vehicle may be found negligent and, therefore, responsible for the accident.
- Defective Parts: If the accident was caused by defective motorcycle parts, such as brakes or tires, the manufacturer may be liable through a product liability claim.
- Improper Repair or Maintenance: If a mechanic improperly repaired or maintained the motorcycle, leading to the accident, the mechanic or repair shop may be found responsible.
- Passenger Negligence: If a passenger on the motorcycle contributed to the accident through negligent behavior, such as leaning in a way that caused the motorcycle to lose control, the passenger may be found responsible.
- Road Maintenance Issues: If the accident was caused by poor road conditions due to inadequate maintenance by a municipality or construction crew, the responsible entity may be liable.
These are just a few examples of how fault may be assigned in a motorcycle accident claim. If you are unsure about the circumstances of your accident or whether you have a valid claim, it’s best to consult with our Greenville motorcycle accident attorney for a free legal consultation.
Determining Liability in Motorcycle Accidents
Establishing who is at fault in a motorcycle accident is critical for pursuing legal action. Depending on the circumstances surrounding the crash, liability can rest on a single party or multiple parties. For instance, if a car driver fails to signal while changing lanes and causes a collision with a motorcyclist, the car driver may be held solely responsible. However, proving fault in such scenarios requires solid evidence, which can be complex.
Determining guilt in motorcycle collisions is sometimes complicated due to the involvement of several parties or causes. For instance, if poor road conditions played a role in the collision, determining who is responsible will require a thorough investigation and a convincing argument that their carelessness caused your injuries.
Consider the scenario of a dangerous road defect, such as a significant pothole. If the pothole was caused by inadequate municipal services maintenance or damage from nearby construction activities, you would need to determine which entity was responsible for the maintenance or damage and failed to act accordingly.
Potential Defendants in Motorcycle Accident Claims:
- Other involved vehicle drivers
- Employers of at-fault drivers, particularly in cases involving commercial vehicles
- Insurance companies of the at-fault drivers
- Companies responsible for leaving hazardous obstacles or damaging the roadway, such as construction or utility firms
- Local government bodies in charge of road upkeep and repair
Authorities overseeing traffic control devices that are faulty or inadequately maintained
In multi-defendant scenarios, it’s not uncommon for several parties to share the blame. For example, a commercial trucking accident might implicate the truck driver for unsafe driving and the trucking company for inadequate hiring practices or lack of proper training.
Each case requires a detailed examination of the facts to establish liability and pursue a rightful settlement.
Get Started With Our Greenville Motorcycle Accident Lawyers!
If you’ve been injured in a motorcycle accident due to someone else’s negligence, you deserve maximum compensation for your injuries. Our Greenville motorcycle accident lawyers are well-versed in South Carolina law.
We advocate for you against insurance companies, ensuring fair treatment, and are prepared to go to trial when necessary. Contact us today at (864) 664-3865 or schedule a complimentary initial consultation to learn how we can assist you.
We’ll answer your questions and explain all of your legal options.
FAQs:
- What if your motorcycle accident wasn’t another driver’s fault?
Motorcycle accidents can result from various factors beyond driver error. Road hazards like uneven pavements or potholes pose significant risks to motorcyclists. If a road hazard causes your accident, you may hold a government road agency responsible. Similarly, auto defects such as a blown tire or brake failure can lead to accidents; in such cases, you may receive compensation from the manufacturer.
- Can you file a lawsuit if you were lane splitting at the time of my motorcycle accident?
In South Carolina, lane splitting is illegal. However, if you were lane splitting and involved in an accident, you can still file a lawsuit against the at-fault party. South Carolina follows the legal theory of comparative negligence. If you were 50% or less at fault for the crash, you can still file a lawsuit, but your total recovery will be reduced by the percentage you were at fault.
- How long do you have to file a motorcycle accident lawsuit?
In South Carolina, the statute of limitations for personal injury claims, including motorcycle accidents, is three years from the date of the accident. It’s advisable to start the process early to ensure evidence is preserved and witness memories are fresh. Contact our Greenville motorcycle accident attorney for a free consultation to discuss your case and understand your legal options.
