No one rides a motorcycle intending to be injured. Some people ride as a means of transportation, others as a way to relax and enjoy the open road. Whatever the reason, they should be able to do so knowing that those around them are driving responsibly. When others willfully disregard the duty of care they owe others and cause an accident. They need to be held responsible for their negligent behavior.
Without a doubt, our goal is to support your best outcome, which means focusing on helping you recover the losses you are owed. A respected Columbia motorcycle accident lawyer at Shelly Leeke Law Firm can provide you with the justice and guidance you deserve. An experienced Columbia personal injury lawyer at our firm is ready to fight for the compensation that you are entitled to when you contact our office to request a 100% free consultation. There is no fee unless we win.
South Carolina Motorcycle Accident Statistics
According to The Greenville News, South Carolina is experiencing more motorcycle deaths than it has in 40 years. The data shows that 154 people die yearly from South Carolina motorcycle accidents. Motorcycle deaths have not been this bad in South Carolina since 1980. And data from the Centers for Disease Control and Prevention (CDC) shows that helmets reduce the risk of death by almost 40% and the risk of head injuries by nearly 70%.
Yet, South Carolina is a state that only requires those under the age of 21 to wear helmets while riding a motorcycle under South Carolina Code §56-5-3660. This data brings to light the realities of the road and why those riding motorcycles need to be careful. Even when you are mindful, though, it is often the other party’s responsibility on the road with you to see you, treat your motorcycle with caution, and follow the rules of the road.
When they fail to do this, it puts you at risk, meaning you have the right to seek compensation for the losses you have endured. Your losses may be extensive and may have impacted virtually every part of your life. Our job is to ensure you receive the compensation owed to you in these situations.
How to Establish Negligence in a Columbia Motorcycle Accident
To have a successful motorcycle accident claim and receive compensation, you need to prove that the other driver was negligent. Demonstrating that there was a lack of diligence is essential because every driver, regardless of their mode of transportation, must navigate roads with care to protect others on the road with them. Failure to do so is an indication of negligence, and that means you may have the right to seek maximum compensation for the losses you have incurred.
Proving negligence requires identifying four pieces of criteria. It must be made clear that a duty of care was owed to other drivers and that the duty of care was breached, while the third and fourth criteria require demonstrating that the breached duty of care resulted in injuries and that the accident caused damages. If this is what occurred in the motorcycle crash you were in, and you have severe injury, damage to your bike, and other losses, our legal team can assist you.
Unfortunately, even if you think that you have a clear case, motorcycle accident victims often face challenges in providing their losses and even proving that the other driver was responsible for the motorcycle accident. That is why we strongly encourage you to work with a Columbia motorcycle accident attorney with ample experience supporting victims. Our car accident team is here to guide and help you throughout this process.
Evidence Needed to Build a Strong Case
A case with no evidence is like a stool with no legs- it cannot stand alone. For a case to hold up in court, evidence is required, and It is better to start with too much evidence than with too little. Police reports and photos of the motorcycle accident, injuries sustained, and vehicle damage are all useful, as are healthcare bills and receipts, such as proof of the cost to repair the victim’s damaged motorcycle, are essential.
For those unaccustomed to being in situations like this, your motorcycle accident attorney can provide valuable guidance. The evidence in your case can be even more comprehensive, including data from witnesses and expert witnesses, accident recreation, and medical reports. We may be able to obtain the medical records of the other driver if you suspect they were intoxicated or their cell phone records if they were texting while driving.
Damages that Can Be Collected in a Columbia Motorcycle Accident Case
Victims of a motorcycle accident in Columbia can receive compensation from the liable party for numerous damages. You may be entitled to economic and non-economic damages, including healthcare costs, money spent repairing a vehicle, lost wages, pain and suffering, and damages associated with wrongful death. Some examples of the expenses you may have after a motorcycle collision include:
- Healthcare costs: These can include medical expenses, such as bills, prescriptions, short-term or long-term treatment, physical therapy, and necessary medical supplies, among others.
- Vehicle repair expenses: Costs to repair a victim’s damaged motorcycle should fall on the negligent party and be included in a claim.
- Lost wages: This can include income from an employer, raises, and bonuses because all may be lost as a result of the injuries sustained during the accident.
- Pain and suffering: These are for general damages, and there is no limit on the amount that can be awarded because they are meant to cover mental anguish, anxiety, distress, and an overall reduction in the victim’s quality of life.
- Wrongful death damages: The family of someone who dies in a motorcycle accident can file a claim for these damages to account for medical costs, physical and psychological pain and suffering, and more. Funeral and burial costs can also be included in wrongful death damages.
- Punitive damages: If it can be proven that the liable party was malicious, fraudulent, or oppressive in their negligent behavior, punitive damages may also be considered.
Insurance companies know how devastating and financially taxing a motorcycle accident can be, but they are never on your side. They will try to reduce what they pay out to you because it is in their best interests to do so – and that will cost you money and make it hard for you to support your long-term recovery financially. Let your motorcycle accident attorney in Columbia go to work fighting for you.
How Long It Will Take to Settle a Columbia Motorcycle Accident Claim
It is natural for victims and their families to say, “When will this be over?” They may be dealing with a variety of effects now and in the future as a result of the injuries that the accident caused. The last thing they need is for the claim to drag on indefinitely.
While there are no hard-and-fast rules about how long motorcycle accident claims last, on average, they tend to run anywhere from several months to years before they are resolved. Of course, having a motorcycle accident lawyer in Columbia can help expedite matters. We aim to help you settle your case quickly while ensuring you do not settle for less than you are owed.
To achieve that goal, we work quickly to gather evidence, pull together your case, and support your efforts to obtain maximum compensation for your losses in a settlement. If a settlement is not possible and the insurance company is not willing to provide it, we will work to file a lawsuit against them. Though this takes longer to settle, it is beneficial when you are not getting the legal support you need.
Suing for Wrongful Death in a Motorcycle Accident Case
It is a position that no one ever wants to be in, but if necessary, the family of a person who dies during a motorcycle accident can sue the negligent party. However, they may only do so if specific evidence is present to prove that wrongful death occurred and others are owed for the losses. Wrongful death cases in motorcycle accidents are not uncommon, unfortunately, and our legal team can help you navigate them.
Who can file the claim? The deceased person’s spouse, children, surviving parents, or a person in charge of the individual’s estate may have the legal right to file a claim after this death occurs, according to South Carolina Code §15-51-10. You may obtain compensation for the medical bills, end-of-life care, and compensation for your losses if you depended on this individual during their lifetime.
A motorcycle accident lawyer can help ensure the necessary criteria are met when considering a wrongful death claim. South Carolina law can be challenging to understand under such circumstances, so it is always advised to recruit the services of a legal advocate who has worked on many motorcycle accident cases. Doing so can position your family for success.
Why Motorcycle Accidents Happen
If you have been a victim of a motorcycle accident, you may be wondering why this happened to you. Our legal team wants to understand better what occurred, as that can help strengthen your case, especially if the other party was negligent due to reckless behavior. There are multiple reasons these accidents can happen, and here are some of the most common reasons motorcycle accident victims suffer them:
- Reckless driving, such as speeding, illegal turns, or not signaling by the other driver
- Not looking at blind spots
- Distracted driving as a result of texting, talking, or otherwise not paying attention to what is occurring on the roadway
- Road conditions if it is wet or slick for any reason
- Poor lighting at intersections that make it hard for drivers to see vehicles
- Intoxication of the other driver
One of our primary goals is to gather information about the fault in your case to determine if the person acted in a way that put you at risk intentionally or due to reckless behavior. If that is the case, you may qualify for punitive damages over and above what you may receive in a motorcycle accident for economic and non-economic losses. We also want to ensure that all responsible parties are held accountable for the losses they created.
Parties Who May Share Liability After a Motorcycle Accident
Once we understand how your motorcycle accident occurred, we will have a better understanding of who should be held accountable. In many cases, multiple parties can be sued for damages. A significant number of motorcycle accident lawsuits are filed against negligent drivers, but they are not the only parties who can be responsible for causing collisions.
For example, if a drunk driver caused your accident, you may also have grounds to pursue a dram shop liability lawsuit under S.C. Code Ann. §61-4-580. Here, you can file a claim against nearby dram shops that serve or sell alcohol to visibly intoxicated drivers. Additionally, when malfunctioning bike or vehicle parts cause your collision, filing a lawsuit against the parts manufacturers, distributors, and other relevant parties could be in your best interests.
We also need to consider the road conditions at the time of the accident. If a large pothole or improperly secured road construction zone contributed to the collision, filing a lawsuit against the government agencies and municipalities responsible for road safety and integrity could be a good option for you. This may mean pursuing a claim against the South Carolina Department of Transportation, the city of Columbia, and other third parties.
Common Injuries Reported After a Motorcycle Accident in Columbia
The types of injuries suffered by motorcycle accident victims are complex and often devastating. Your motorcycle offers you no protection from the fast-moving, heavy car that will slam into your body. That is why many of our clients need a catastrophic injury lawyer, including for injuries such as:
- Spinal cord injuries sometimes resulting in paralysis
- Traumatic brain injuries
- Lacerations and disfigurement injuries
- Road rash, which often leads to skin infections and disfigurement
- Broken bones, smashed bones, and amputations of legs and arms
- Internal injuries, including damage to organs that cause internal bleeding
- Loss of vision due to eye injuries
- Burns from the impact
- Crushing injuries when a person is pinned in a motorcycle accident
- Post-traumatic stress disorder
- Severe anxiety and depression onset
No matter what happened in your motorcycle crash, if you have injuries like these, you have complicated losses that require a skilled attorney to help you navigate what your legal rights and options are. When you contact Shelly Leeke Law Firm about your accident, we answer your questions, help you determine what injuries you have that may require long-term care, and then create a plan to ensure you receive compensation for those damages. We are ready to fight for you today.
How We Develop Evidence to Support Your Claim
When you suffer an accident that is tragic and causes long-term financial loss, you need to have access to a trusted legal representative who can guide you. Our team does this in numerous ways, including gathering evidence to support your claim including establishing that what happened to you was due to negligence and recklessness. Some of the ways our legal team will work to gather evidence to prove your case include the following:
- Police reports: A police report is one of the most essential tools, but what is listed here is not always the whole story.
- Witness statements: We will gather information from all witnesses who may have seen what occurred.
- Medical experts: A component of our work is to discuss your case with your doctors and medical experts to better analyze your losses and what that will mean over the long term.
- Accident recreationists: It can be beneficial to have a professional recreate the incident and offer guidance on what occurred, especially if there is any question of fault.
- Video and photos: In situations where videos and other documentation are available to prove your case, we will also use that information to help you.
- Your statements: The information you provide can also be helpful as it can give us insight into what happened before and after the incident, what you heard or saw, and what you are experiencing.
- Statements from family and friends: We can also use statements from family, friends, your employer, and others who can shed light on what occurred to you and how this has impacted you and your quality of life.
- Cases like your own: Our team will also work very closely with you to compare your case to others that have happened to others, which can be used as a way to support your compensation claims.
- Accident data: Our team will also work to gather any accident data available, such as information from commercial truck logs, vehicle navigation data, or other information that may be available.
- Other driver medical information: We may also be able to get information about the other driver’s medical condition, such as toxicology reports, that could shed light on the cause of the injury.
This information could help to create the strongest case possible for you. Though what is applicable in your situation will be vastly different, our team will work very closely with you to help you navigate the legal process. Let us explore all the risks related to your situation and the evidence available.
Columbia Motorcycle Accident FAQ
What Is the Statute of Limitations for Motorcycle Accident Lawsuits in Columbia?
Your motorcycle accident lawsuit must be filed in accordance with the South Carolina Code of Laws §15-3-530, the South Carolina personal injury statute of limitations. This statute allows you to file your lawsuit approximately three years from the accident date. However, in certain situations, this deadline could be temporarily paused.
For instance, if your minor child was traveling as a passenger on your motorcycle, the statute of limitations may pause until they reach the age of 18. You might also find the statute of limitations tolled if your injuries were not diagnosed until some time after the accident. Missing this deadline should never be an option, as it could mean you are prohibited from trying your case in court.
Should I Accept the Insurance Company’s Settlement Offer?
It is never a good idea to accept an offer from an insurance company without a careful review. You may not understand the insurance settlement as it is worded, so do not hesitate to consult an experienced lawyer at our firm to determine whether the insurance company’s settlement offer is reasonable. Insurance companies often send offers far less than the actual value of the claimant’s damages.
If this is true for your case, you are under no legal obligation to accept the settlement offer. Instead, you could have our team negotiate with the insurer for a more reasonable amount. If we believe the insurance company is handling your claim in bad faith, we will take further legal action to recover the compensation you are entitled to.
Can I Still Sue if I Am Partly at Fault?
It depends on how much fault you carry. South Carolina follows modified comparative negligence laws under the South Carolina Contribution Among Tortfeasors Act. Here, you can be up to 50% responsible for causing the accident and still be awarded restitution for your damages.
However, if your portion of the blame exceeds the bar limit, you will no longer have the right to compensation. For example, if you were found 20% culpable because you were not wearing a motorcycle helmet, you would recover 80% of your settlement. If your portion of blame was found to be 70%, it is unlikely you would be awarded damages, and you could even find yourself the subject of a motorcycle accident lawsuit yourself.
As you can imagine, liable parties often attempt to take advantage of these laws to their benefit. When you have a dedicated motorcycle accident lawyer in Columbia on your side, you do not have to worry. Our team will conduct an intensive investigation and gather the evidence needed to ensure fault is assigned accordingly.
What does It Cost to Hire a Motorcycle Accident Attorney in Columbia?
Hiring a motorcycle accident lawyer does not cost anything upfront when you choose Shelly Leeke Law Firm. We work for you on contingency per South Carolina Judicial Branch Rule 1.5: Fees. Payment for our services is contingent upon winning.
Therefore, if we do not win, we do not get paid. You do not need to pay an hourly rate or any of the expenses that come with filing a lawsuit. We take on the risk so you can start to rebuild your life without the weight of the world on your shoulders.
Are Motorcyclists Required to Wear a Helmet in SC?
According to South Carolina motorcycle laws under South Carolina Code §56-5-3660, motorcyclists under the age of 21 are required to wear a helmet. Believe it or not, failing to wear a motorcycle helmet is considered a misdemeanor offense, punishable by up to 30 days in prison and $100 in fines. Whether you are required to wear a motorcycle helmet or not, your settlement could be affected based on South Carolina’s shared negligence laws if you decide to ride your motorcycle without a helmet.
Meet with a Reputable Motorcycle Accident Attorney in Columbia for Help Today
For those who find themselves a victim of a motorcycle accident, there is only one option — speak with a Columbia motorcycle accident attorney at the Shelly Leeke Law Firm. We help victims and families who are ready to move forward after an accident or injury do just that. We know what it is like to face mounting bills, a loss of income, and tough decisions.
The easiest decision you can make after suffering debilitating injuries is to contact us today. We can further discuss the specific details of your case during a free consultation. Fill out our quick contact form or call us to schedule yours.
