A rider driving their motorcycle down I-26 or Highway 78 in North Charleston can experience an exhilarating sense of freedom — until a negligent driver fails to see them, causing an unexpected and devastating crash. After a motorcycle accident, injured riders often face significant medical bills, lost income, and an uncertain future.
An experienced North Charleston motorcycle accident lawyer understands motorcyclists' unique challenges when seeking compensation for their losses. At Derrick Law Firm, our attorneys represent injured riders and fight against unfair stereotypes that paint motorcyclists as reckless daredevils.
The Risks of Motorcycle Accidents in North Charleston
The lack of structural protection on motorcycles means riders are at a higher risk of severe injuries when accidents occur. Even low-speed crashes can result in:
- Traumatic brain injuries. Concussions and more severe TBIs can occur even when riders wear helmets.
- Spinal cord damage. The extreme forces in a crash can cause fractures, disc herniations, and even paralysis.
- Crush injuries. Riders can suffer devastating damage to limbs if the motorcycle lands on them during a crash.
- Road rash. Sliding across the pavement can cause painful abrasions and lacerations that may require skin grafts.
- Broken bones. Riders frequently suffer fractures to wrists, arms, legs, ribs, and collarbones in crashes.
Filing an injury claim can be essential for motorcyclists who are injured as a result of someone else's negligence, especially those facing significant medical bills or taking time off work to heal after an accident. These claims can help injured riders seek financial compensation while they recover physically.
Common Causes of North Charleston Motorcycle Accidents
Many motorcycle accidents in North Charleston happen because other drivers aren’t paying enough attention. Maybe they don’t spot the motorcycles around them easily and misjudge how fast they’re going or how far away they are. Here are some of the most common reasons these accidents happen:
Left-Turn Accidents
A significant number of motorcycle crashes occur when a car or truck makes a left turn in front of an oncoming motorcycle. These accidents happen when drivers fail to see the motorcycle or misjudge its speed.
Lane Change and Merging Crashes
Motorcycles can easily fit into a driver's blind spot. When motorists fail to check their blind spots before changing lanes or merging, they can sideswipe a motorcycle and cause the rider to lose control.
Rear-End Collisions
Following a motorcycle too closely can lead to dangerous rear-end collisions, especially when riders have to stop or slow down suddenly. The force of the impact can throw a rider off the bike, causing severe injuries.
Distracted and Impaired Driving
Drivers texting, taking a phone call, or otherwise not paying attention to the road are less likely to see motorcycles. Alcohol and drug impairment also play a role in some motorcycle crashes.
South Carolina Motorcycle Laws
South Carolina law requires motorcyclists to follow the same traffic laws as other motor vehicles. However, there are also specific laws that apply to motorcycles:
- Motorcyclists under 21 must wear a helmet that meets state standards at all times.
- Lane splitting (riding between lanes of traffic) is prohibited in South Carolina.
- Motorcycles must have a working headlight, brake light, footrests for all riders, and at least one rearview mirror.
- Motorcyclists must carry liability insurance, required by law to be at least $25,000 per person, $50,000 per accident of bodily injury, and $25,000 per accident of property damage.
For the most current and accurate information, it’s advisable to review the latest South Carolina laws or seek guidance from a legal professional, as these regulations are subject to change.
What to Do After a North Charleston Motorcycle Accident
The steps motorcyclists take after an accident can significantly impact their health and their potential injury claim. Here's what motorcyclists may do to protect themselves:
- Call 911 to report the accident and request emergency medical responders.
- Seek medical attention immediately, even if their injuries seem minor. Some serious injuries may have delayed symptoms.
- Gather evidence from the accident scene if they can do so safely. Take photos of the motorcycle, the other vehicle, and any skid marks or debris in the road. Get the other driver's contact and insurance information.
- Talk to witnesses and get their contact information. Witness statements can provide powerful evidence in an injury claim.
- Notify their insurance company about the accident as soon as possible.
- Contact an experienced motorcycle accident lawyer who can deal with insurance companies and help protect the injured rider's rights.
Remember, insurance adjusters are not on the injured party’s side after an accident. Their goal is to settle the claim for as little as possible or find ways to deny it altogether. A North Charleston motorcycle accident lawyer can communicate with the insurance company and advocate for fair compensation.
Common Mistakes Made After a Motorcycle Accident
Without guidance from an experienced attorney, many injured riders make mistakes that harm their motorcycle accident claims. Here are some of the most common errors and how to avoid them:
Failing to Seek Prompt Medical Treatment
Waiting to get medical help after a motorcycle crash can make injuries even worse. It can also lead the insurance company to argue that their injuries aren't serious or weren't caused by the accident. Motorcyclists who have been in an accident should seek medical attention right away, even if they initially feel okay.
Admitting Fault or Apologizing
In South Carolina, personal injury claims operate under a modified comparative negligence rule, meaning if the injured person is partly to blame for the accident, their compensation could be reduced. Saying something as simple as ‘sorry’ or admitting fault to the other driver involved in the accident might end up hurting their case and limiting what they can recover. They should avoid discussing fault and let their attorney communicate with the other driver's insurance company.
Accepting a Settlement Offer Too Quickly
It's common for insurance adjusters to contact injured motorcyclists soon after a crash with a lowball settlement offer. They hope the injured party will accept the offer before they know the full extent of their injuries and losses. However, once a motorcyclist accepts a settlement, they can't ask for more money if their bills are higher than expected.
Not Following the Doctor's Orders
If the injured rider misses doctor appointments or skips physical therapy, the insurance company might claim they’re not committed to their recovery. Sticking to the treatment plan provided by a doctor and showing up for all recommended appointments is essential.
Why to Contact a North Charleston Motorcycle Accident Lawyer
Motorcycle accident injury claims are often complicated. An experienced attorney can:
- Investigate the cause of a crash and gather evidence to support the injured party’s case, including accident reports, medical records, and expert analysis when needed
- Document a hurt motorcyclist's injuries and losses, including medical bills, lost income, pain and suffering, and any expected future costs
- Communicate with the insurance company on the injured party’s behalf so they can focus on their health and recovery
- Negotiate for a fair settlement that addresses the injured party’s needs
- Take the injured motorcyclist’s case to trial if the insurance company won't make a reasonable offer
How to Choose a Lawyer After a North Charleston Motorcycle Accident
Not all personal injury lawyers have experience with the unique challenges of motorcycle accident claims. When looking for an attorney who has represented injured riders and knows how to fight against negative stereotypes insurance companies often use to diminish motorcyclists' claims, consider these factors:
- Look for an attorney with a proven history of successfully representing injured motorcyclists. While past results do not guarantee future outcomes, attorneys with experience in motorcycle accident cases understand the unique challenges of these cases and how to build persuasive claims.
- Find a lawyer with the resources to hire experts when needed. Investigating a motorcycle accident may require expert analysis from accident reconstruction specialists, engineers, and medical professionals.
- Look for a lawyer who returns calls and emails promptly. Injured riders should be able to reach their attorney when they have questions or concerns about their case.
