Greenville Motorcycle Accident Lawyer

When you are on a motorcycle, you might feel the freedom and thrill of the open air and the open road. However, this also means you are more vulnerable in an accident. Statistics show motorcyclists are at greater risk on the road than drivers in motor vehicles.

We get that you love the thrill, but we also want you to understand your rights in the event of a serious injury. After a motorcycle crash occurs, you will need help. Many people, especially other motor vehicle operators, do not respect the safety of motorcyclists and try to pin accidents on bikers by promoting stereotypes. As a result, they are also likely to fight back to avoid paying for the injuries they cause.

You do not have to go through this scary situation alone. Instead, speak to a motorcycle injury lawyer from HawkLaw. Your Greenville motorcycle accident lawyer can fight back when others are unwilling to pay for the damages they caused. Contact our South Carolina law firm today at 1-888-HAWK-LAW (429-5529) to learn how you can obtain fair compensation.

Did You Sustain Injuries in a Motorcycle Accident in Greenville, SC?

Cars are equipped with seat belts and airbags to stop severe trauma, but motorcycle riders are left exposed to the full force of the crash.

Insurance companies consider certain injuries to be serious. If you are suffering from serious injuries, a lawyer can help you recover compensation. Serious injuries include but are not limited to:

• Traumatic brain injury and head injury (including concussions)
• Whiplash
• Friction burns (road rash)
• Broken bones
• Spinal cord injuries
• Organ damage
• Disfigurement

If you suffer from multiple serious injuries, they can take months or even a lifetime to overcome. Some injuries and wrongful deaths are permanent.

After a motorcycle crash, you will need help dealing with the trauma. At best, this means a trip to the hospital. At worst, it could mean lifelong impairments, accommodations for your disability, and rehabilitation to aid in your recovery.

South Carolina Motorcycle Accident Statistics

Tragically, motorcycle crashes frequently result in serious injury or death. Even if a rider or passenger manages to escape with less serious injuries, they often suffer long-lasting problems. The South Carolina Department of Public Safety lists the following statistics relating to motorcycle crashes in 2019:

• 2,041 collisions occurred involving a motorcycle
• One motorcyclist fatality occurred every three days that year
• 123 motorcycle crash fatalities occurred (as a comparison, there were 81 fatalities in 2010)
• 434 serious injuries were sustained in South Carolina motorcycle collisions
• 1,143 “other” injuries were suffered by motorcycle accident victims

Helmets go a long way in increasing rider and passenger safety. Of motorcycle fatalities, 68.29 percent were not wearing a helmet. Wearing a helmet, even if not required by law, is in a rider’s best interest.

The Insurance Company May Not Help

In the aftermath of a crash, your first thought might be to turn to your insurance company. In most situations, that is not a bad idea. You pay for your insurance, and your policy coverage should help you when disaster strikes. The reality is motorcyclists may have trouble receiving payment from their insurers.

• Even though you pay your premiums for coverage, insurers are not always willing to pay out. Instead, they look to shift blame to the motorcyclist.
• Motorcycle crashes are expensive, and since insurance companies are for-profit businesses, this means profits are their first priority, not your health or well-being.
• Insurance adjusters routinely deny or lowball settlement offers to avoid paying the maximum compensation on a motorcycle accident claim.
• While your insurance company should help, chances are they will not. Do not accept their first settlement offer because chances are the amount will be far lower than you deserve.

The idea of taking your claim to court in Greenville might be intimidating, but it might be the best way to get the compensation you are owed for your bike wreck. Our motorcycle accident case attorneys can help you fight back and protect your claim when your insurance company refuses to pay.

Modified Comparative Negligence Rules in Greenville, SC Motorcycle Accidents

Next up, you want to consider before you file whether you played a role in the cause of the accident. South Carolina law has a “modified comparative negligence rule.” This rule means you must prove that another at-fault party carries more than half the blame before you can obtain compensation.

For example, if you are injured by the negligence of another and are also accused of acting negligently, your compensation could be reduced by your percentage of shared fault. Under the “modified comparative negligence rule,” if the amount of your fault is determined to be more than 50 percent, you could lose your compensation entirely.

How Does Negligence Impact Motorcycle Accident Compensation

Let’s say a motorcycle rider changed lanes without signaling and was struck by a negligent driver. The fact the motorcycle rider did not signal may leave him with 25 percent of the fault (the actual percentage can vary). In this scenario, it means the jury would reduce the motorcycle rider’s damages by 25 percent.

When you are dealing with mounting medical expenses and other damages, you may struggle to recover compensation. To protect your full compensation and avoid being left with the bill, you should speak with a Greenville personal injury attorney as soon as possible.

You need to do more than show that the other person was at fault. You also must show that you are not at fault for the accident. A Greenville personal injury lawyer can build your case by gathering evidence, speaking to eyewitnesses, and assembling evidence to build a case to prove fault lies on the part of the negligent driver.

Punitive Damages for Greenville Motorcycle Accidents

You might have been injured by a person who was grossly negligent or intentionally harmful. In these cases, the other driver did not just make a mistake. Some examples include drunk driving or vehicular assault. Punitive damages are meant to punish the at-fault driver in these scenarios. It is important to understand:

• Punitive damages are not common and are reserved for egregious cases of negligence
• South Carolina caps punitive damages at $500,000 or three times your actual damages, whichever is higher
• It takes a substantial amount of proof to be awarded punitive damages

_{Your attorney can advise you if it is possible to receive this type of compensation.}

Single-Vehicle Accidents

Whether you are filing with your insurance company or in court, you typically need to successfully identify the at-fault party. What happens in cases where you are the only vehicle involved in a motorcycle crash? Is the accident your fault? Not necessarily.

• Federal, state, or local agencies responsible for the maintenance of the road could have been negligent by not correcting potholes or other road hazards.
• Your motorcycle may have experienced a malfunction or defect due to negligence on the manufacturer’s part.
• Another party may have been negligent which led to your crash, working with an attorney can help you identify potential at-fault parties.
• Signage or other traffic signals and markers may have been missing or incorrectly working.

Compensation We Can Fight For

Once you have determined that you were not at fault and are ready to get started, you will need to focus on how much your motorcycle crash claim is worth. Determining the proper amount is easier said than done.

This is another area your motorcycle accident attorney can help with and relieve you from the stress associated with being overwhelmed by the claim process while simultaneously trying to recover. In South Carolina, you can pursue two primary types of damages: economic and non-economic.

Economic damages cover any injury or property-related costs, current and estimated future expenses, for example:

• Medical bills
• Medications
• Surgery costs
• Therapy and rehabilitation
• Lost wages
• Loss of future wages
• Damage to your bike

Non-economic damages are more difficult to calculate since they are intangible, but are still costly. For example:

• Pain and suffering
• Trauma, fear, and emotional pain
• PTSD
• Disfigurement and scarring
• Loss of limb
• Permanent disability
• Loss of consortium

An attorney can work with you to determine the total amount of your economic and non-economic losses.

Why Work With HawkLaw’s Greenville Motorcycle Accident Lawyers

HawkLaw has been supporting and fighting for South Carolina injury victims for more than 20 years. Our personal injury attorneys each have years of experience and pride themselves on the quality of the legal services they provide, along with their focus on good customer service.

Transparent attorney-client relationships are paramount to our legal team, as many of our clients will attest. The statistics and recognitions speak for themselves. To date, HawkLaw has:

• Won* over $275MM in total settlements for our clients
• Received numerous awards*

Our attorneys also focus on a wide range of accident cases and have been recognized for their diligence.

• John Hawkins: Personal injury, car accidents, wrongful death
  • Served in the South Carolina House of Representatives
• Logan Rollins: Personal injury, car accidents, wrongful death
  • South Carolina Association for Justice
• Nancy David: All personal injury areas
  • Member of U.S. District Court for the District of South Carolina
• J. Camden Hodge: Catastrophic personal injury, nursing home negligence, and medical malpractice
  • Awarded, South Carolina Super Lawyers Rising Stars 2021
  • Member of South Carolina Association of Justice
• Chris Shipman: All personal injury areas
  • Associations with South Carolina Association of Criminal Defense Lawyers and Greenville Association of Criminal Defense Lawyers

Statistics show people suffering a personal injury obtain more compensation with legal representation than when they try to represent themselves. Do not risk your ability to receive compensation to cover your injuries and losses. Call our Greenville motorcycle accident attorneys for legal advice and to get started on your claim.

What is the Statute of Limitations for Filing a Motorcycle Accident Lawsuit?

The statute of limitations for filing a motorcycle accident lawsuit in South Carolina is within three years from the date of the accident in most circumstances. (Speak to a knowledgeable Greenville motorcycle accident lawyer to confirm that, in some cases, people are eligible for extensions.)

Motorcycle Safety Tips for South Carolina Riders

In 2021, almost 6,000 motorcyclists, 14 percent of all traffic fatalities, suffered fatal crashes in the U.S. According to the National Highway Transportation Safety Administration (NHTSA), this is significant, being the highest number of motorcyclists dying in accidents since “at least” 1975.

To help avoid becoming a statistic, follow these safety tips:

• Always protect yourself by wearing a full-face helmet and by covering yourself with protective gear.
• Inspect your motorcycle’s tire pressure, headlights, taillights, turn signals, handlebars, horn, brakes, fuel, and fluids before taking your bike out to ride.
• Avoid riding in inclement weather when roads are wet, slick, or icy (check weather reports before you go).
• Never drink or use any drugs or medications (even prescriptions or over-the-counter drugs) before getting on your bike because many may cause you to become impaired or feel drowsy.
• Obey traffic laws, always drive the speed limit, and keep a safe distance behind other cars, SUVs, and trucks.
• Make yourself visible to other motorists by avoiding blind spots, always using headlights, wearing bright or reflective clothing, and always using your signals – the more other drivers see your intentions, the safer you will be when driving on roadways with other vehicles.
• Watch for unexpected road hazards and always be observant of your surroundings while operating your bike.
• Take a safety course and then an advanced course to learn advanced methods of driving a motorcycle (you can also take a refresher course as needed).

Fight Back with Your Neighborhood Greenville Motorcycle Accident Attorneys

Unfortunately, motorcycle accidents are difficult, and it is tough to get the help you deserve. When you are dealing with the aftermath, it can feel overwhelming. Fortunately, a lawyer from HawkLaw, P.A., can make a difference.

When you or a loved one has been injured by another person while on your motorcycle, you will need a strong claim to get your full compensation. By talking to our lawyers during a free case review,* you should have the peace of mind you need.

Ready to get your claim started? Give our office a call at 1-888-HAWK-LAW (429-5529) or complete the online form below to connect with a Greenville motorcycle accident lawyer to get help with your claim.