Motorcycle accidents are devastating no matter when they occur or who is involved. If you are the victim, seek out the legal guidance of our Charleston motorcycle accident lawyer.
At Shelly Leeke Law Firm, our Charleston personal injury lawyer takes every case seriously, and we fight for you to recover all of the damages owed to you while being heavily involved in the community.
Why You Should Work with a Charleston Motorcycle Accident Lawyer
Being involved in an accident can be a traumatic experience, sometimes resulting in years of medical treatment and mounting expenses that insurance companies will fight to pay out. Details and documentation become very important in this process. Obtaining legal representation from a motorcycle accident attorney in Charleston can help:
- Evaluate whether your injuries qualify for legal action and calculate the potential settlement amount from medical expenses, loss of wages, property loss, punitive damages, and even wrongful death.
- Investigate the accident and determine the party or parties who may be liable.
- Compile documentation and supporting evidence to use as proof of the damages you have suffered.
- Ensure all necessary paperwork is promptly completed and filed to meet relevant deadlines for taking action.
- File a lawsuit if required to defend your interests in court if negotiations fail to secure your complete recovery.
Our firm has handled complex personal injury cases throughout South Carolina for over a decade, and we know what you are going through. Trust the Shelly Leeke Law Firm to be on your side, and stop stressing about the legalities of your claim. The statute of limitations (Title 15 – Civil Remedies and Procedures) for filing a personal injury or property damage lawsuit in South Carolina resulting from an accident is three years.
Common Injuries in a Motorcycle Accident in Charleston
According to the National Highway Traffic Safety Administration (NHTSA)’s Motorcycle Safety report, motorcyclists are 24 times more likely to have a fatal accident and four times as likely to sustain an injury compared to passenger car drivers. When you are faced with life-changing injuries, recognize the need to take legal action. Motorcycle accident injuries vary, but injuries can be severe and frequently include:
- Internal Injuries such as damaged organs, internal bleeding
- Traumatic brain injury (TBI) (talk to a Charleston traumatic brain injury lawyer today)
- Spinal cord injury
- Broken bones
- Road rash, abrasions, and scarring
Serious injuries can result in extensive medical bills and change a victim’s life forever. Access to high-quality medical care is essential and a part of what a lawyer will go after in your motorcycle accident injury case. Let us aid you in recovering full and fair compensation for any losses you have.
Catastrophic Accident Injuries in a Motorcycle Accident
Motorcycle accidents can cause catastrophic injuries, which are injuries that create ongoing loss and limitations to a person’s health and well-being that are not likely to improve substantially. A Charleston motorcycle accident lawyer can help your case. These are injuries and losses you are likely to live with that will seriously impact your future. Some examples of these injuries include:
- Spinal cord injuries resulting in paralysis
- Traumatic brain injuries with lasting damage to cognitive, mental health, emotional well-being, or behavior
- Disfigurement injuries from scars or amputations
- Emotional trauma from serious losses
- Permanent disability due to injuries
- Loss of hearing or vision
In these situations, you are up against some of the most challenging restrictions on your future. We will help you fight for fair compensation – often money you need to maintain your health and well-being – at all costs. Contact us to discuss your case with our legal team today.
Wrongful Death After a Motorcycle Accident in Charleston
Unfortunately, many of our clients come to us because they have lost a family member to the senseless mistakes others make when sharing the road with a motorcycle. If your family member lost their life in an accident, set up a free, no-obligation consultation with us to discuss the details of your case. Enable our legal team to go to work building out what happened, who is at fault, and what financial compensation may be owed to you.
Nothing can bring back your family member, and there is no way to make this “better.” Yet, you can fight to get justice for your loved one, and you can work to get the financial support you need to replace some of the loss you are facing now. These funds can help you to rebuild, grieve, and seek the help you need at this difficult time.
Our Charleston wrongful death lawyer has the experience necessary to hold those who hurt your family accountable. Do not wait to contact us to discuss your case during a private and personal consultation. We can offer insight into whether or not someone else is responsible for what happened to your loved one.
Common Causes of Motorcycle Accidents in South Carolina
We value putting in the hard work for your case to develop all possible insight into what caused your accident. This enables our legal team to build your case from the ground up, ensuring we know all parties involved. Even if you believe you have all of the details in your case, this investigation can be critical.
Every motorcycle accident is unique and contains its own set of aspects and conditions, but some common causes occur more often. Whether the incident is common or unique, understanding what occurred allows us to assign fault to all parties involved. Many times, this is far more than just the driver who struck you.
When you meet with our motorcycle accident attorney, we will go over every detail of your case with you. This allows us to pinpoint any specific situations that may provide insight into additional faults or responsible parties. Some of the most common types of motorcycle accident causes include the following:
Distracted Drivers
Driver negligence is the leading cause of motorcycle accidents and occurs when a driver fails to yield, does not use proper signals, uses a mobile device, speeds, and does not check mirrors properly. Motorcycles take up significantly less space than cars and are often not seen because of this. If the driver was not paying attention to the road and struck you, they can be held accountable for the losses you incur.
Inclement Weather
Motorcycles have less traction than other vehicles and can be particularly dangerous to ride during severe weather conditions, especially when other cars and trucks are on the road. Slippery or icy environments can lead to a loss of control, no matter how cautious all drivers are. In some situations, this is made worse if the city fails to care for the roadways or there are circumstances that exacerbate the situation, such as debris on the road.
Road Hazards
Hazardous road conditions, such as potholes or dangerous intersections and roadways that lack speed or traffic signs, can make accidents more likely to occur. Charleston streets can be very narrow, and many do not have adequate street lights. A Charleston motorcycle attorney can assist you in determining whether a municipality was at fault for your accident.
Driving Under the Influence
Drivers who are under the influence of drugs and/or alcohol continue to cause accidents along Charleston streets and highways. According to the South Carolina Department of Public Safety, nearly half of all fatal accidents in South Carolina involve a driver under the influence, landing them in the slammer, according to their Sober or Slammer report. If you suspect the other party was intoxicated, allow our legal team to work with you to hold them fully accountable.
Reckless Driving
Although many motorcycle riders face the stigma that they drive recklessly, other drivers do so even more commonly. Speeding, illegal turns, tailgating, and failing to yield are all examples of this. If you suspect that the other driver was acting in a reckless or even intentional manner, let our legal team pursue support for you now.
Mechanical Failures
Some motorcycle accidents occur when a bike breaks down, and if you can show that the maintenance company or the manufacturer caused that, those parties may be responsible for the losses you have. If there are recalls you did not know about or there are other parties with significant injury from the same type of defect, our motorcycle accident attorney will pair with you to fight those who hurt you.
What Your Motorcycle Accident Case May Be Worth
As you navigate fault in your case and work to heal from your injuries, it becomes necessary to assign value to your losses. We will work very closely with you to help you achieve these objectives. There is no simple way forward in putting a dollar value on what you are facing, but our decade of experience can help you.
To determine the value of any losses you have, our legal team will consider the moment you were hurt, the current situation you are facing, and your future. We look at all implications to your health and well-being. This includes emotional, economic, and non-economic factors, as well as the impact on your physical well-being.
With this information, we can begin to value your case accurately, which will allow our motorcycle accident attorney to create a strong claim for you. Because every case is vastly different, we work very closely with our clients to fully understand the implications of their situation. Some of the types of compensation you may be owed include the following.
Economic Losses in a Motorcycle Accident
This is often the starting point, and it includes all losses related to your documented monetary losses. The most common include immediate and ongoing medical costs, including for your care in a hospital setting, rehabilitation, or at home. You may also be owed compensation for losses related to lost income, loss of earning capacity in the future, and property damage.
Non-economic Losses in a Motorcycle Accident
These are non-standard financial losses that are often very impactful to your well-being and your future. Non-economic losses may include pain and suffering, loss of quality of life, emotional trauma, and distress. We value these losses based on the severity and their impact on your current and future lifestyle and needs.
Punitive Damages in a Motorcycle Accident
The court may award punitive damages in some situations, but not every accident warrants punitive damages. These damages are over and above other losses and are typically a way to encourage the at-fault party from engaging in this type of act again. Most often, this includes heinous acts that put people at risk.
What to Do After a Motorcycle Accident
At this point, you likely already have navigated the immediate aftermath of a motorcycle accident. Yet, it is still imperative that you read through the following details and document anything you can that could help you build your case. Also, use this insight to help you know what to do if this happens to you again.
Though each accident is a bit different, having the ability to react quickly and get the help you need immediately could save your life. Prioritize your safety first over any steps in gathering information.
Immediately after an accident, the priority is to care for anyone needing medical attention. After that, knowing what not to do and what you need to do after a motorcycle accident is important. A motorcycle accident lawyer in Charleston can help you take steps to protect your rights and obtain compensation from the party at fault, so be sure to review our case results today.
1. Contact the Local Authorities to File an Accident Report
Dial 911 to report the accident and request assistance if you are able. The Charleston police will help record details of the crash, provide documentation for insurance, and ensure that no one leaves the scene before the other driver’s information is obtained. You’ll want to write down their name, contact information, insurance company name and policy number, and vehicle description. Be sure not to admit fault or apologize for any part of the incident.
2. Seek Medical Treatment
Whether or not you feel injured immediately, it is important to get checked out by a medical professional who can document and treat any injuries you may have sustained. Some injuries can take time to notice, especially after the adrenaline and shock of an accident. Seeking medical care not only helps protect your health but also helps document the injuries caused by the accident in real time.
3. Gather All Records and Information Available
Keep notes on everything you can and compile documentation you have received, including the police report, photos from the accident scene, medical treatment and insurance documents, and vehicle repair estimates. Documentation is vital if you decide to pursue a personal injury claim. This is also a good time to start a log that allows you to keep track of all implications of this accident on your health, finances, and emotional well-being.
Schedule a Free Consultation with a Charleston Motorcycle Accident Attorney
If you or a loved one has been in a motorcycle accident, the Charleston motorcycle attorneys at the Shelly Leeke Law Firm can help. With over a decade of experience, we are dedicated to building your case and securing the compensation you deserve.
Contact us to schedule your free case consultation, and rest assured you will not owe us anything unless we win.