Charleston Motorcycle Accident Lawyer
Motorcycle accidents might not occur more often than motor vehicle crashes, but they result in fatalities more often due to the exposed and vulnerable nature of the motorcyclist. If you or someone you love has been in an accident in Charleston then call the Max Sparwasser Law Firm, LLC to speak to one of our experienced Charleston motorcycle accident attorneys. Our Charleston injury lawyers have garnered millions in settlements and judgments for our clients in the past and may be able to help you as well.
In 2016, 185 motorcyclists died in South Carolina. In an accident, a motorcyclist might suffer injuries ranging from road rash to a fatal traumatic brain injury. The crash and injuries itself can cost a rider thousands of dollars and result in lifelong medication or therapy. If someone you know has sustained injuries from a motorcycle accident, they deserve compensation.
South Carolina Motorcycle Accident Laws
The first step in finding out if you’re eligible for financial compensation after a motorcycle accident is learning the related laws in the state of South Carolina. Motorcyclists have the same rights and responsibilities as other motorists. You have a right to all rural and urban roads and highways. Other drivers must treat you with the same care and respect as they would other types of drivers and allow ample following distance and passing distance. Accidents happen when drivers break these rules or drive negligently.
The following laws are some you should know as an injured motorcyclist in SC:
- Helmet use. Motorcyclists and their passengers in South Carolina do not have to wear helmets if they are over the age of 21. Those under 21 must wear government-approved helmets at all times. (Note that the city of Myrtle Beach requires helmets.)
- Comparative fault laws. Many drivers in motorcycle accidents will try to claim that the motorcyclist is at least partially at fault for the crash and should, therefore, receive less compensation. South Carolina is a modified comparative fault state; meaning that as long as the courts find you 50% or less at fault for the crash, you could still be eligible for recovery.
- Fault vehicle insurance laws. After an accident, victims must file claims with the at-fault driver’s insurance company. Assigning fault is, therefore, one of the first steps you must go through on the road to recovery. SC’s fault system also allows injured motorcyclists to pursue financial compensation through personal injury claims.
The experienced Charleston motorcycle accident lawyers at the Max Sparwasser Law Firm, LLC are passionate about protecting the rights of motorcyclists. We know that motorcyclists often have a more difficult time recovering fair compensation for their injuries and expensive property damage due to the biases and stigmas against them. We make it our mission to defend motorcyclists’ rights and fight for the best awards available. One conversation with Max Sparwasser can open your eyes to all of the laws and your rights in South Carolina.
Motorcycle Crash Fatalities 2007-2016
Based on the data provided by NHTSA, motorcycle crash fatalities throughout America have slowly been increasing since 2014. In 2016, we saw a fatality rate of 60.90 for every 100,000 registered vehicles. This is the highest rate since 2008.
If you’re looking for more statistics on South Carolina car wrecks, speak to a car accident lawyer.
Why Motorcycle Accidents Occur in Charleston
Many people view motorcyclists as dangerous and reckless. However, statistics have shown that the majority of motorcycle and car crashes are caused by distracted motorists. Here are the most common causes of motorcycle accidents in Charleston:
- Running a red light or stop sign without looking around for a motorcycle
- Changing lanes without checking the blind spot
- Failing to yield with the motorcyclist stopped first or has right of way
- Speeding and aggressive driving
- Distracted driving like texting, eating, and talking on the phone, behind the wheel
- Motorcycle defects
Since motorcyclists have no protection surrounding them, one accident can leave them with serious injuries and even threaten their lives. The most common injuries sustained in a Charleston motorcycle accident include broken bones, traumatic brain injury, spinal cord injuries, and much more. Contact a Charleston motorcycle accident lawyer for help determining the cause of your accident and who is liable for your injuries.
What to Do After a Motorcycle Accident
Motorcycle crashes are often sudden, traumatic, and life-changing. Due to this, many people don’t know what to do after. There are few important steps that motorcyclists should take after they are involved in a crash.
- Get the medical attention you need. Even if you don’t believe that you sustained an injury from the motorcycle crash, you should still get checked out by a doctor. There may be acute injuries that you aren’t aware of which could get worse over time. You will also need medical proof of your injuries when you file your motorcycle accident claim.
- Collect the driver’s information. Gather the other driver’s name, phone number, and insurance information.
- Take Photos. If you can, take images of the crash, both vehicles, and your injuries. It is best to take photos of your injuries as soon as you can in order to show the magnitude of the accident.
- Talk to a Charleston motorcycle accident attorney. Contact a motorcycle accident lawyer in Charleston to see if you have a case. They will tell you what your next legal steps should be, what your options are, and what services they’ll be able to assist you with. When you go see your attorney, be sure to bring all medical and police documents and the photos of the accident.
Who is Liable for Your Motorcycle Accident?
In a two-vehicle crash, the court should hold the other driver liable for your damages if the case goes to trial. This might be the case if the driver was drunk, drowsy, distracted, speeding, negligent, careless, or reckless. We have to prove the driver’s fault to recover. In a single-vehicle motorcycle accident, there could still be someone else to hold accountable. For example, a motorcycle part manufacturer could be liable for dangerous or defective parts that caused your crash, or the government agency could be responsible for a defective roadway.
Don’t assume you have no way to recover as the only vehicle involved in a crash. There could be a third party at least partially to blame. Talk to our Charleston motorcycle accident attorney during a free consultation and discuss your case in more detail. We will listen to your story, investigate the accident, and help you take the first step toward financial recovery. Call (843) 864-6444 for more information.
The Max Sparwasser Law Firm, LLC is honored to be able to fight for the injured residents of East Cooper, I’on, West Ashley, Brynes Down, Park Circle, and South of Broad neighborhoods in Charleston.