Motorcycle Accident Attorneys in Spartanburg, SC

Whether you ride for commuting purposes or as a hobby and form of recreation, a motorcycle can be an efficient, effective, and fun way to get around in South Carolina. But riding a motorcycle isn’t without risks.

The National Highway Traffic Safety Administration (NHTSA) reports that according to data on vehicle miles traveled, motorcyclists are about 28 times as likely as standard passenger car occupants to die in a crash. And in South Carolina alone, there are dozens of fatalities each year involving motorcyclists or moped riders.

At the Mark Nowell Law Firm, we want to provide you with the guidance and support you need if you’ve been involved in a motorcycle crash. We understand that you may be facing severe losses and injuries, and we want to help you recover compensation for your harm. Please call our firm today to schedule your free consultation and learn more about how we can help you.

Injuries in a Motorcycle Accident

As fun as a motorcycle may be, the reality of riding a motorcycle is that in the event of a crash, a motorcycle offers very few protections. While an occupant of a motor vehicle can count on a seatbelt, airbags, and the frame of the vehicle to all mitigate injuries, no such protections are extended for motorcyclists. As such, it is often the motorcyclist’s body that absorbs the force of the accident, or is thrown from the motorcycle, resulting in severe–and sometimes fatal–injuries.

Some of the most serious injuries a motorcyclist may suffer include:

• Spinal cord injuries. A spinal cord injury can cause permanent paralysis from the site of the injury downward. This type of injury is one of the most devastating, as it will mean dramatic lifestyle changes for the affected person and their family.

• Traumatic brain injuries. The brain is one of the body’s most fragile organs, and if it is deprived of oxygen, penetrated with an object, or hit with a large amount of force, it can be injured. The effects of traumatic brain injuries can vary on a case-by-case basis but may include changes to a person’s language and communication abilities, memory and learning, sensation, emotions, and more.

• Amputation injuries. A limb may be pinned, amputated upon impact, or so badly injured in a crash that medical amputation of the limb is necessary. Like both spinal cord injuries and traumatic brain injuries, an amputation injury can be absolutely tragic, affecting a person’s quality of life and lifestyle long-term.

In addition to the above catastrophic injury types, other serious injuries include bone fracture injuries, internal injuries, road rash/road burn injuries, lacerations, facial injuries, and soft tissue injuries.

Causes of Motorcycle Accidents

Whenever a motorcycle accident occurs and a motorcyclist is severely injured as a result, it is very important that the cause of the accident is identified. Identifying cause is critical for a number of reasons, including that the more information that we have about what causes accidents, the more effectively accidents can be prevented.

While determining the precise cause of your motorcycle accident will require a thorough investigation, some common causes of motorcycle crashes include:

• Impaired driving;
• Driving too fast for conditions/speeding;
• Failing to look before changing lanes or turning;
• Failing to yield;
• Aggressive driving;
• Distracted driving; and
• Performing illegal maneuvers.

In the vast majority of cases, it is the negligence of either the motorcyclist or the driver of the passenger car involved that causes the accident. In rare cases, road conditions, improper signage, or vehicle defects may cause or contribute to a crash.

Required Motorcycle Insurance and Recovering Compensation After a Crash

As a motorcyclist in South Carolina, you need to know your rights and your responsibilities related to motorcycle operation, especially if you are injured in a serious crash.

In South Carolina, all motorcyclists are required under the law to carry bodily injury liability insurance and property damage liability insurance in amounts of $25,000 bodily injury per person, $50,000 bodily injury per accident, and $25,000 property damage liability per accident. This type of coverage pays for damages that you cause to others in a crash.

There are also some optional types of motorcycle coverage that can be used to pay for injuries you suffer, regardless of fault, as a result of an accident. These include medical payments coverage (which is highly recommended), underinsured/uninsured motorist coverage, and total loss coverage.

If another driver was to blame for your accident, your first step will be to file a claim against the at-fault driver’s liability insurance. After you file a claim, the insurance company will investigate the accident and make a settlement offer. Our lawyers can review this settlement offer, reject it if it does not fully compensate you, and negotiate on your behalf for a greater settlement award.

Fault Laws and the Statute of Limitations

If you are injured and are pursuing damages in a civil action, there are two important rules you need to know pertaining to fault and the statute of limitations in our state.

First, South Carolina is a modified comparative negligence state. In SC, an injured party can still collect damages from a motorcycle accident claim as long as they are no more than 50% responsible for the accident. However, any damage award is reduced in proportion to the percentage of fault they share. For example, if the plaintiff suffered a total of $100,000 in losses and was 20% responsible for the accident, their damages would be reduced by $20,000, to a total of $80,000.

Second, the statute of limitations: after an accident occurs, an injured motorcyclist has three years from the date of that accident to file a lawsuit against the at-fault party for damages. If the three-year time limit is breached, the motorcyclist will most likely be permanently barred from recovery.

Call Our Experienced Motorcycle Accident Lawyers Today

If you or someone close to you has suffered injury in a motorcycle crash in South Carolina, contact the Nowell Law Firm for a free, no obligation consultation. We will meet with you to thoroughly assess your case and advise you of your legal options. To schedule your complimentary consultation, message us online or call our office today at (864) 469-2481.