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Charleston Personal Injury Attorneys / South Carolina Motorcycle Accident Lawyer

South Carolina Motorcycle Accident Lawyer

If you ride a motorcycle, you understand the excitement of ownership as well as the responsibilities that come with it. You have experienced the adrenaline and excitement of riding down the highway, along waterside roads, or on an open road on a beautiful day with the wind in your hair and the roar of your bike beneath you. But, as a biker, you are well aware that the fun and freedom of riding a motorcycle comes with its own set of risks and perils. When other motorists fail to share the road with motorcyclists, catastrophe frequently ensues.

Mickelsen Dalton’s South Carolina motorcycle accident lawyers are here to help you with whatever issue you are facing. Insurance companies may seek to reach a rapid settlement after a motorcycle accident to protect their bottom line. They will not examine your specific requirements. When compared to your medical expenditures and lost pay, the cost of fixing your bike will be insignificant. We aim to make sure you have all you require and deserve.

If you have been in a motorcycle accident, you will almost certainly need someone to handle your legal matters while you recover. You may require the assistance of a skilled South Carolina motorcycle accident lawyer. Mickelsen Dalton LLC are here for you in your time of need.

Hire Mickelsen Dalton LLC After You Have Been Injured in a Motorcycle Accident

We understand how an injury lawsuit may take over a person’s life and make it impossible to go forward. Regardless of the type of accident they were in or the type of damage they experienced; people turn to us for the focused, caring assistance they require.

  • We assist our clients in regaining control of their situation so that they may concentrate on what really matters: getting their lives back to normal.
  • We handle all types of vehicle accidents including South Carolina car accidents, motorcycle accidents, truck accidents, and bicycle accidents.
  • We will not give up on our clients and will fight for them vigorously and tirelessly.

We care about our clients and recognize that this is not just a lawsuit; it is their lives. Thus, we provide constant access and communication with our attorneys. Our attorneys are available 24 hours a day, 7 days a week, and form long-term relationships with our clients. When you call, you will speak with the attorney who has been assigned to your case.

Why You Need a Motorcycle Accident Attorney

Motorcycle riders are especially vulnerable because negligent, distracted, or careless drivers fail to notice or account for them. Motorcyclists, who are vulnerable and largely exposed even with helmets and safety devices, suffer catastrophic injury or wrongful death at a significantly higher rate than passenger car drivers.

Furthermore, although motorcyclists are among the safest people on the road, they often encounter difficulties that other injury victims do not, such as unfair judgments and stereotypes while seeking compensation for their injuries.

To overcome these obstacles, it is important to find South Carolina motorcycle accident attorneys with the skills, dedication, and persistence to help you obtain the money you need to recover. Injured bikers and those who have lost a loved one in a motorcycle accident should hire an attorney who will be their faithful partners and aggressive champions.

South Carolina Motorcycle Accident Statistics

Motorcycle riders are still disproportionately represented in fatal traffic collisions. In the most recent year, 5,014 motorcyclists were killed in traffic accidents, according to the United States Department of Transportation.

Additionally, reported by the NHTSA, motorcyclists were 29 times more likely than passenger vehicle occupants to die in a car accident and four times more likely to be injured in a car accident per vehicle mile traveled. Balance, coordination, and excellent judgment are required for safe motorcycle riding.

Furthermore, 30 percent of motorcycle riders involved in fatal crashes did not have legal motorcycle licenses. It is important to follow all laws and regulations when you are driving any type of motor vehicle, no matter the situation.

The state of South Carolina has already witnessed more deadly motorcycle collisions this year than last year, according to the South Carolina Highway Patrol, still with three months left in the year. According to SCHP Master Trooper Brian Lee, 88 motorcyclists died in 2020 and 118 have died thus far as of October 2021. Furthermore, according to SCHP data, more than half of bicyclists killed in crashes did not wear a helmet.

Determining Liability in a Motorcycle Accident

The number one priority after a motorcycle accident is finding which party is liable. In other words, who is the at-fault party. Typically, a motorcycle accident occurs due to the negligence of another roadway motorist.

A negligence claim is made up of four parts. The plaintiff (the one who is suing or asserting a claim) must demonstrate that:

  • The defendant (the person who is being sued) was required by law to exercise reasonable caution. When riding or driving, motorists must be cautious.
  • The defendant was irresponsible. The law compares the driver’s actions to those of a “reasonable person” in deciding whether the defendant was cautious. All drivers owe a duty of care to all others on the road, whether they are pedestrians, cyclists, bikers, or any other vehicle operator.
  • The plaintiff was injured as a result of the defendant’s actions. The defendant’s actions were the direct cause of the victim’s injuries.
  • The plaintiff was hurt or lost something. Even if the defendant acted carelessly, the biker cannot recover anything if he or she was not injured or cannot prove damages.

The driver of another automobile or truck is frequently at fault in motorbike accidents. Any motorist can be negligent if he or she does something that should not have been done or fails to do something that should have been done.

Additionally, both parties may share liability for the collision. In these situations, South Carolina’s comparative negligence laws will apply to the case. The court will reduce the plaintiff’s award by the percentage of fault that he or she shares. If the plaintiff is 51% or more responsible for the accident, he or she will not be eligible to recover any compensation.

Filing a Motorcycle Accident Claim in South Carolina

If you are injured in a motorcycle accident, you have the right to pursue compensation by filing an insurance claim or a personal injury lawsuit. Most cases begin in the insurance stage and progress to a lawsuit if necessary. Your attorney can advise you on the optimal course of legal action for your case.

Because South Carolina is a fault accident state, you will typically pursue a claim against the at-fault driver’s insurance company. After the collision, a representative from this company may contact you and ask for a statement. You should decline this call; never speak with an insurance company before you consult with an attorney.

When you do need to communicate with a representative or the at-fault driver, do not make any statements about your injuries or the accident. Do not admit fault or apologize. Anything that you say could be used against you in your claim and prevent you from recovering compensation. An attorney can help you navigate these conversations so that you can protect your interests.

You will also need to initiate your claim as soon as possible. South Carolina has a three-year statute of limitations for personal injury claims; if you fail to file your lawsuit within three years from the date of your accident, your case will likely be dismissed. To protect your right to recovery, speak to a motorcycle accident lawyer from Mickelsen Dalton LLC immediately.

Compensation Available After a Motorcycle Accident

A motorcycle accident can result in serious and painful injuries, as well as extensive damage to your property. As you try to recover from the collision and rebuild your life, you can suffer significant financial hardship. Psychological trauma is also common after these accidents, which are often devastating.

By filing an insurance claim or lawsuit, you can hold the person responsible for your crash accountable for these losses. Below are a few examples of compensation available after a motorcycle accident:

  • Property Damage: In your claim, you can secure compensation to repair or replace any property that was damaged in the accident. This property may include your motorcycle and any belongings that you had on your person, such as riding gear or electronics.
  • Medical Expenses: You can recover damages for all of the medical care that you need because of the accident. These expenses may include hospitalizations, surgeries, follow-up appointments, prescription medication, and rehabilitation or physical therapy. You can also recover damages for disability accommodations and equipment.
  • Lost Wages and Future Earnings: You may need to take time off work to recover from your injuries or receive treatment. In your claim, you have the right to recover the full value of any wages that you lost. If you are unable to return to work because of your injuries, you can recover any future earnings and benefits that you would have earned.
  • Pain and Suffering: You can recover damages for the physical pain that you experienced because of the accident, including chronic pain and permanent disability. You can also claim emotional suffering, such as depression, mental anguish, and loss of quality of life.

Call Our South Carolina Motorcycle Accident Lawyers As Soon As Possible

If you have been wounded in a motorbike accident, going up against the at-fault driver’s insurance company on your own is not a good idea. It might make all the difference to have a South Carolina motorcycle accident lawyer on your side. If you are ready to get in touch, please call us at (843) 804-0428 (South Carolina) or (678) 641-9054 (Georgia). You can also reach out to us through email at help@mickelsendalton.com or through our website form.