We Fight for Justice and the Maximum Compensation for Motorcycle Crash Victims in Columbia
Pursuing rightful compensation after a motorcycle accident in Columbia poses unique challenges for riders. Unlike car accidents, where protective vehicle structures offer safety, motorcycle riders in Columbia confront a higher risk of severe injuries or fatalities. The heightened severity of injuries naturally influences the compensation sought in Columbia’s motorcycle accident cases.
Additionally, pre-existing biases against motorcycle riders can complicate the legal process, impacting the overall compensation outcome. At Hart Law, our Columbia motorcycle accident lawyer is a strong and experienced advocate for injured victims. You do not have to take on the complexities of the legal claims process alone.
The right attorney can make the difference. Were you or a loved one hurt in a bad motorcycle wreck? We are more than ready to fight for your rights. Contact our Columbia, SC motorcycle accident lawyer today for a free, no-obligation initial consultation by calling us at (803) 771-7701.
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Steps to Take After a Motorcycle Crash in Columbia
Were you hurt in a motorcycle crash in Columbia or elsewhere in South Carolina? If so, you probably have a lot of questions about what exactly needs to be done next to protect your health, well-being, and legal rights. Do not rely on any insurance company—even your provider—for guidance with a claim.
Here are six steps to take after a motorcycle accident in Columbia:
- Stop your motorcycle and exchange information with the other driver(s);
- Call the police to report your motorcycle accident;
- Seek prompt medical care for any injuries (emergencies first);
- Document the scene of your motorcycle accident (take photos);
- Be very cautious when dealing with insurance adjusters; and
- Consult with a Columbia, SC motorcycle accident lawyer.
Motorcyclists Face Heightened Safety Hazards
Motorcyclists face increased risks due to limited physical protection and a smaller profile on the road. Drivers may overlook them in blind spots, and reckless motorists can force quick evasive maneuvers. Further, roads littered with debris, potholes, or irregular pavement conditions also pose serious threats.
Because motorcycles lack a protective enclosure, even minor collisions can lead to devastating injuries. Approximately 80 percent of motorcycle accident injuries in South Carolina result in rider injuries. Some of the most common motorcycle crash injuries include:
- Road rash;
- Rider’s arm;
- Soft tissue damage;
- Broken bones;
- Traumatic brain injuries (TBIs);
- Spinal cord trauma;
- Loss of limb; and
- Internal injuries.
The Most Common Reasons Why Motorcycle Accidents Happen
Motorcycle crashes happen for many different reasons. With that being said, these collisions do tend to share one very important common characteristic: Virtually all motorcycle wrecks could have been prevented with proper care. In South Carolina, the party—whether driver, motorcyclists, or anyone else—who was at fault for the crash can be held liable for the damages.
Some of the most common causes of motorcycle accidents include:
- Distracted Driving: When car or truck drivers text, talk on the phone or adjust their radios, they take their eyes off the road. The lack of attention is dangerous. It can result in failing to see motorcycles.
- Failure to Yield at Intersections: Other motorists sometimes underestimate the speed or distance of an approaching motorcycle. They may turn left across a motorcycle’s path or pull out of side streets without properly yielding, leaving riders with no safe escape route.
- Unsafe Lane Changes: Drivers who change lanes without signaling or checking their mirrors and blind spots put motorcyclists at extreme risk. Because motorcycles are smaller, it is more common for inattentive drivers to overlook them.
- Following Too Closely: When drivers follow too closely behind a motorcycle, they limit their ability to stop in time. A sudden slowdown or obstacle on the road can quickly lead to a devastating rear-end collision that is entirely preventable.
- Impaired Driving: Operating a vehicle under the influence of drugs or alcohol dramatically reduces reaction times and impairs judgment. Drunk or drugged drivers may endanger motorcyclists.
- Motorcycle Defects: In some cases, the fault may lie with the motorcycle’s manufacturer or parts supplier. Defective brakes, tires, or structural components can cause sudden malfunctions that result in a crash. When an equipment failure occurs due to poor manufacturing or inadequate quality control, the responsible company can be held liable.
Know the Motorcycle Accident Injury Statute of Limitations in South Carolina
Motorcycle accident injury claims are time-sensitive. Under South Carolina law (S.C. Code § 15-3-20), there is a three-year statute of limitations in these cases. In other words, a motorcycle accident injury lawsuit must be filed within three years of the date of the crash itself.
Only very narrow exceptions to the rule apply. As you do not want to fall behind in the claims process, you should consult with an experienced Columbia motorcycle crash lawyer right away.
We Help Injured Motorcyclists in Columbia Fight for the Maximum Compensation
Under South Carolina law, injured motorcyclists have a right to pursue compensation for both their economic losses and their non-economic damages. The amount that can be recovered through a motorcycle accident claim will depend on a host of different factors, including liability, damages, and insurance coverage. Sadly, insurance companies try to pay out less to resolve their liability—they may even deny a claim outright.
Our Columbia motorcycle accident lawyer is ready to fight for the maximum compensation for injured victims. You may be able to recover for:
- Motorcycle repairs;
- Emergency room care;
- Hospital bills;
- Other medical costs;
- Physical therapy;
- Loss of wages;
- Diminishment of earnings;
- Pain and suffering;
- Emotional distress;
- Long-term disability;
- Reduced quality of life; and
- Wrongful death.
Navigating Motorcycle Accident Challenges in Columbia
Insurance companies often aim to shift some blame onto the motorcycle driver after an accident, seeking to minimize their payout for damages. This may involve arguing that the motorcyclist violated traffic rules, was distracted, or failed to wear a helmet, thereby contributing to the severity of injuries. This becomes significant in South Carolina, a modified comparative negligence state.
Here, if a person is partially responsible for an accident resulting in injury, the recoverable damages decrease proportionally. For instance, if a motorcyclist is deemed 30% at fault, their compensation is reduced by 30%. If responsibility exceeds 51%, no damages can be recovered. Consulting an experienced motorcycle accident lawyer in Columbia is crucial to safeguard your rights and interests.
Navigating Insurance After a Motorcycle Crash
Insurance companies, like individuals, may harbor an inherent bias against motorcyclists. This presents a challenge, as it grants insurers leverage during settlement negotiations. Lawyers might hesitate to pursue motorcycle accident cases in court, anticipating a biased jury, potentially detrimental to their client.
Recognizing this, insurance firms often propose minimal settlements, relying on the reluctance to litigate. To secure the compensation you rightfully deserve for yourself and your loved ones, you require strength, experience, and ample resources to assert your claim effectively.
Why Trust Our Columbia, SC Motorcycle Crash Lawyer
The unfortunate reality is that motorcyclists sometimes face some unfair stereotypes in the personal injury claims process. Unfortunately, as a motorcyclist in South Carolina, you cannot always rely on getting fair treatment from law enforcement or insurance adjusters. Our founder and lead lawyer Christopher R. Hart has the proven expertise that you can trust.
With true leadership in law and a record of client testimonials, Attorney Hart provides proactive legal advocacy. Along with other things, our Columbia motorcycle accident attorney is ready to:
- Conduct a free, comprehensive, confidential review of your case;
- Investigate your motorcycle accident—gathering relevant evidence;
- Handle the settlement negotiations with the big insurance companies; and
- Develop a personalized strategy to best maximize your financial recovery.
Personal Injury Claims in Columbia, SC: Frequently Asked Questions (FAQs)
What Should I Look for in a Columbia Motorcycle Accident Lawyer?
You need a lawyer who you can rely on from top-tier representation. Look for a Columbia personal injury lawyer who has extensive experience handling motorcycle accident cases. Your attorney should be well-versed in South Carolina’s personal injury laws and have a strong record of successful settlements and verdicts. Finally, you need an attorney who is willing to devote time, attention, and resources to your case.
Should I Speak to an Insurance Adjuster After a Motorcycle Crash?
No. Let your attorney do the talking. It is typically unwise to provide a recorded statement to an insurance adjuster without first consulting with a South Carolina motorcycle accident attorney. Here is the simple reality: Insurers will often try to use your words against you to minimize the value of (or even deny) your claim. An attorney can handle the insurance adjusters.
Are Motorcycle Helmets Required in South Carolina?
It depends on your age. Under South Carolina law, all motorcycle riders under the age of 21 are required to wear a helmet at all times. However, motorcyclists aged 21 and over are not legally obligated to wear one. With that being said, it is strongly recommended that you wear a motorcycle helmet. Motorcycle helmets help to prevent traumatic brain injuries. They can save lives.
Is Motorcycle Lane-Splitting Legal in South Carolina?
No. Lane-splitting—a practice that is defined as riding a motorcycle between two lanes of traffic—is not legally permitted in South Carolina. Attempting to do so can lead to a citation. Beyond that, it may be viewed as a form of reckless driving. If lane-splitting results in a crash, the motorcycle who was engaged in lane-splitting may be found liable for the accident. If you have specific questions about this type of case, consult with a Columbia, SC motorcycle crash attorney.
What is the Value of My Motorcycle Injury Claim?
The value of any personal injury claim is highly case/fact-specific. Motorcycle crashes are certainly not an exception to the rule. The value of a motorcycle injury claim depends on several factors, including your ability to prove liability, the severity of your injuries, the extent of your damages, and the available insurance policies. A top-tier Columbia, SC motorcycle accident lawyer can review your case and help you take action to secure the maximum financial compensation.
Can I Still Recover Compensation if I am Partially At Fault for a Crash?
Yes. Under South Carolina’s modified comparative negligence law, a motorcyclist can still recover even if he or she is partially responsible for the crash. However, that is only true if their level of blame is 50 percent or less. If you can still recover, your recovery will be reduced by the percentage of your responsibility for the crash. For example, if you are found 20 percent at fault for a motorcycle crash, your settlement or verdict will be reduced by a corresponding 20 percent.
How Long Do I Have To File a Motorcycle Accident Claim in Columbia, SC?
In Columbia, the statute of limitations for filing a motorcycle accident claim is generally three years from the date of the accident.
What If The Other Driver In My Motorcycle Accident Doesn’t Have Enough Insurance To Cover My Damages?
If your damages exceed the at-fault party’s insurance limits, you may be able to seek additional compensation from your underinsured motorist coverage.
Is There Compensation Available For Emotional Distress In a Motorcycle Accident Claim?
Yes, compensation for emotional distress, along with pain and suffering, may be sought in a personal injury claim.
Contact Our Columbia Motorcycle Accident Attorney Today
At Hart Law, our Columbia motorcycle accident lawyer is proud to be a leader in fighting for justice for victims and families. If you or someone close to you was hurt in a motorcycle wreck, please do not hesitate to contact us today at (803) 771-7701 for a free, no-obligation case review. We represent motorcycle accident victims in Columbia, Richland County, Lexington County, and communities beyond.