You can ride your motorcycle in Greenville, SC, and expect a safe and enjoyable experience. Regardless, it only takes one negligent driver to cause an accident. If you get hit by a negligent motorist while you are riding your motorcycle, a Greenville personal injury lawyer can help you pursue damages from this driver.
At the Shelly Leeke Law Firm, we believe that every motorcyclist deserves to be treated fairly. Our Greenville motorcycle accident lawyer can help you get compensation from a negligent driver who caused you to suffer a personal injury or other damages. To learn more, please reach out to us.
Why Motorcycle Crash Fatalities Happen
In 2021, 167 motorcycle riders were killed in South Carolina, according to a report from QuoteWizard. Before you hop on your motorcycle, you may take every precaution you can. Yet, no matter what you do, you cannot always prevent a motorcycle crash from happening, and any collision can lead to a fatality.
If you get into a motorcycling accident in Greenville, you may be able to avoid significant harm. Even in this scenario, however, you may be able to hold a negligent motorist responsible for your crash. There are many reasons why motorists cause motorcycle collisions, and these reasons include:
Intoxicated Driving
There is no reason for a motorist to get behind the wheel and drive while drunk. If a driver is intoxicated, they may struggle to stay focused. This motorist’s lack of concentration can make it tough for them to stop quickly enough to avoid an accident with a motorcyclist.
Distracted Driving
A driver may look down at their cell phone or GPS system and take their eyes off the road. The driver may believe that nothing will happen. On the other hand, it only takes a second for a negligent motorist to lose sight of a motorcyclist and crash into them.
Left-Turn Accident
If a driver is not careful, they may make a left turn without realizing that a motorcyclist is nearby. Since the motorist will not see the motorcycle rider, they may collide with them. In this scenario, the rider may be able to sue the negligent driver as part of a left-turn accident lawsuit.
Poor Road or Weather Conditions
There can be times when a driver blames potholes, bumps, or other road issues for a motorcycle crash. Along with these, there can be instances when a motorist says rain or other inclement weather contributed to their motorcycle collision. A driver is responsible for slowing down due to poor road or weather conditions — and they can be required to pay damages in motorcycling accidents that occur due to these issues.
The team at the Shelly Leeke Law Firm understands that motorcyclists do not have the same protection as other drivers. As such, your Greenville motorcycle accident attorney works diligently to help you get fair compensation for any injuries or other damages you incur due to a motorist’s negligence. For more information, please get in touch with us.
When to Contact a Motorcycle Accident Lawyer in Greenville
You have every right to file a lawsuit against anyone who causes your motorcycling accident. Keep in mind that you have only a limited amount of time to do so. Per South Carolina Code §15-3-530, you must file a personal injury claim within three years of the date of your motorcycling crash. After this period, you are solely responsible for any costs associated with your accident.
A motorcycle accident attorney in Greenville will make sure that your lawsuit is submitted in alignment with South Carolina’s statute of limitations. Initially, a lawyer will learn about your accident. They can then go over your legal options with you and help you decide if it is in your best interests to file a personal injury claim.
The best Greenville motorcycle crash lawyer is familiar with South Carolina’s laws. They can teach you about these laws and answer frequently asked questions about many legal topics. When you hire this attorney to represent you, they will do everything in their power to help you get the most compensation possible.
What a Motorcycle Accident Claim Involves
When a motorcyclist has been injured in an accident caused by a negligent motorist, they may file a personal injury claim. This allows them to seek damages. Some of the types of damages that plaintiffs request in motorcycling crash lawsuits include:
- Medical expenses
- Motorcycle repairs
- Lost wages
- Pain and suffering
If you have been in a head-on collision or any other type of motorcycle accident, get help from an attorney. From here, your lawyer can help you figure out how much your case is worth. They can then help you submit a claim for a reasonable amount of damages.
How Much Money You May Receive from a Motorcycle Accident Lawsuit
There are two types of compensation that you can ask for in a Greenville motorcycle crash lawsuit: economic and non-economic damages. You can pursue economic compensation based on your monetary losses. Comparatively, you can seek non-economic damages for your subjective losses.
You can request any amount of economic and non-economic damages in a motorcycle accident lawsuit. A motorcycle crash lawyer will encourage their client to ask for both economic and non-economic compensation. They may urge their client to request tens or hundreds of thousands of dollars, depending on the severity of their losses.
If you ask for damages, it pays to have an attorney at your side who understands how a personal injury settlement is determined. Your lawyer will not push you to accept any amount of money unless it lines up with your expectations. They can also guide you through the settlement process.
How a Motorcycle Crash Lawsuit Can Be Settled without a Trial
If you preserve the evidence from your motorcycle accident, you may be well-equipped to present a compelling argument to a judge or jury. Meanwhile, the defendant in your lawsuit may have concerns about your body of evidence. At this point, the defendant may propose a settlement, and you will have to decide whether to approve, decline, or counter the proposal.
You are not required to review a settlement offer, but it can be beneficial to do so. If you look at a settlement proposal and believe the amount is reasonable, you can accept it. When you do, you get money from the defendant, and your case is closed before a trial is needed.
A motorcycle crash attorney in Greenville keeps their client in the loop about any settlement proposals. They cannot decide on a settlement offer. Instead, they can share details about a settlement proposal with their client and help this individual weigh the offer’s pros and cons.
What to Do if You Receive a Motorcycle Crash Settlement Offer
It helps to evaluate a motorcycle accident settlement proposal with your attorney. You have the final say on whether to accept a settlement offer. With assistance from your attorney, you can get insights into all aspects of the proposal and make an informed decision about it.
Your lawyer can explain the immediate and long-term ramifications of any decision you make about a settlement proposal. For instance, your lawyer may have concerns that if you accept a low offer, you will not have enough money to cover the long-term costs of your motorcycle crash injury. In this instance, your lawyer will share their concerns with you, and you can decide whether you want to move forward with the settlement.
By hiring a lawyer who has a track record of outstanding case results, you should not feel pressured to approve a settlement offer. If you are offered a settlement that falls short of what you want, you can decline it. You and your lawyer can keep working together to prepare for your trial date in the hopes of securing the maximum amount of compensation.
What to Expect When You Get Ready for a Motorcycle Accident Trial
You may believe that your motorcycle accident lawsuit is simple to understand. It may seem clear to you that a negligent motorist is responsible for your crash. To get compensation from this motorist, you will need to show that this driver was negligent.
A motorcycle crash attorney helps you prepare an argument that will resonate with a judge or jury. They take nothing for granted in the time leading up to your trial date. Your attorney gathers and evaluates evidence with you and explains what can happen during your trial.
As you and your lawyer get ready for your trial date, your attorney can provide you with a wide range of legal resources. They may also conduct a “mock” trial with you. With your lawyer’s guidance, you can establish realistic expectations for your trial and enter the courtroom with confidence.
How a Judge or Jury Decides a Motorcycle Accident Case
A judge or jury makes no assumptions relative to a motorcycle crash case. When your trial gets underway, you and the defendant in your case receive the opportunity to present your respective arguments. Your lawyer will advocate for you, and the defendant’s attorney will do the same for their client.
After a judge or jury hears from all parties involved in your case, they will make a decision. A judge or jury will not rush to decide your case. They will consider the evidence and witness testimony carefully before you receive the ruling.
In the best-case scenario, a judge or jury will understand that a motorist was negligent and caused your motorcycle crash. The judge or jury will then award you the full amount of the damages that you originally requested. Finally, the defendant will pay your damages, and you can move on from your litigation.
How Comparative Negligence Applies to Motorcycle Accident Lawsuits
South Carolina has comparative negligence laws in place that can impact how much money you get in a motorcycle crash lawsuit. These laws restrict the amount of compensation that you can receive based on your percentage of fault. If you are found to be primarily responsible for your motorcycle crash, you cannot receive compensation from a negligent motorist involved in your accident.
For example, you may request $10,000 in damages as part of a motorcycle crash lawsuit. If a judge or jury finds you to be 20% responsible, you will be awarded $8,000 in damages. Conversely, if a judge or jury finds you to be 51% responsible, you will not be awarded any damages.
Hiring a motorcycle accident lawyer who can provide you with a breakdown of negligence laws in South Carolina is key. This attorney can discuss comparative negligence with you and make sure that you understand all that it entails. Most importantly, they will go above and beyond the call of duty to show that the motorist involved in your motorcycle accident is 100% responsible for the incident.
What to Look for in a Greenville Motorcycle Crash Attorney
When you search for an attorney in Greenville, consider the lawyer’s background. Ideally, you should select a lawyer who specializes in motorcycle accident cases. This attorney can provide you with tips and recommendations to help you get the compensation that you deserve.
It is helpful to find out if an attorney can share client testimonials. You can read these to get a good idea about what it is like to work with this attorney. If you review the testimonials and find that the attorney has received lots of positive feedback, you will feel more confident about setting up a consultation.
By meeting with a motorcycle crash lawyer, you can discuss your case and get the attorney’s insights into it. This meeting allows the lawyer to explain what they can offer and if they believe you have a strong case. If you believe a lawyer has what it takes to represent you and protect your legal rights, you can hire them, and they will work hard for you throughout your litigation.
Get Started With a Greenville Motorcycle Accident Lawyer
Shelly Leeke Law Firm is here to help you navigate the legal process. Our team can walk you through the steps involved in filing a motorcycle accident claim and make sure that your lawsuit is filed right away. Please contact us today to schedule a free consultation.