What should I do after a motorcycle crash someone else caused?

At the scene, call 911, gather witness information, take photos, and seek medical attention. If you’re recovering at home or in the hospital, keep track of your medical expenses and contact a lawyer as soon as possible.

Can I still recover compensation if I wasn’t wearing a helmet?

Yes, South Carolina only requires helmets for riders under 21. However, the insurance company may argue that your injuries would have been less severe with a helmet. An attorney can help protect your rights.

What if the driver who hit me doesn’t have insurance?

Uninsured motorist coverage may provide compensation. A lawyer can also determine whether other sources of recovery exist.

How long does a motorcycle accident claim take?

The timeline depends on the case. Some settle quickly, while others require litigation. A lawyer can provide a better estimate based on your situation.

Motorcycle Accident Lawyer

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motorcycle rider in an accident at intersection

Charleston’s motorcycle community continues to grow, with riders enjoying scenic routes along the water, Ashley River Road, and the Stono River Bridge. Unfortunately, with more motorcycles on the road, accidents caused by careless drivers also happen more frequently.

A crash can leave a rider suffering from severe injuries, overwhelmed with medical bills, and feeling incredibly uncertain about the future. If someone else’s negligence caused your accident, you deserve fair compensation for your losses.

A Charleston motorcycle accident lawyer at Joye Law Firm is ready to protect your rights and deal with the insurance companies for you. Let us fight for the compensation you need to move forward. Contact us today for a free case evaluation.

Motorcycle Accidents Are Different

Motorcyclists face risks that other drivers don’t. Their smaller size makes them harder to see, for one. When a crash happens, bikers don’t have the protection of a car’s frame, airbags, or seatbelts. These differences mean motorcycle accident claims require a deeper understanding of the unique challenges riders face. To add insult to injury, bikers are more likely to get blamed for their own accidents and to face anti-motorcycle bias from insurance companies.

Unique Vulnerabilities of Motorcyclists

A motorcycle provides no barrier between the rider and the road. Even with a helmet and protective gear, bikers often suffer more severe injuries in a crash than people in passenger vehicles. The impact can throw them off their bike, leading to life-altering consequences.

Common Misconceptions About Motorcycle Riders

Many people unfairly assume motorcyclists are reckless. This bias can affect insurance claims and court cases. In reality, most riders follow traffic laws and ride responsibly. Holding the right party accountable means overcoming these prejudices with clear evidence.

Special Considerations in Motorcycle Accident Claims

Motorcycle crashes often involve more extensive injuries, higher medical bills, and longer recovery times. Insurance companies may attempt to shift blame onto the rider to reduce their payout. Our lawyers understand these tactics and will push back and demand a fair resolution.

Increased Severity of Injuries Compared to Car Accidents

Unlike passengers in cars, motorcyclists absorb the full force of a crash. This results in higher rates of traumatic brain injuries, spinal cord damage, and broken bones. These injuries may require extensive rehabilitation, surgeries, and lifelong care.

Common Causes of Charleston Motorcycle Accidents

Motorcycle accidents happen throughout Charleston, from busy intersections near Sam Rittenberg to high-speed crashes along I-526. Many of these accidents result from preventable actions by other drivers, unsafe road conditions, or defective motorcycle parts.

Driver Negligence and Failure to See Motorcycles

Drivers often claim they “didn’t see” the motorcycle before a collision. This happens when they fail to check blind spots, misjudge a motorcycle’s speed, or don’t yield the right-of-way.

Hazardous Road Conditions

Potholes, uneven pavement, and loose gravel can cause a motorcyclist to lose control. Poorly maintained roads make riding dangerous, especially at night or in heavy traffic.

Weather-Related Incidents

Charleston’s sudden storms reduce visibility and create slick roads. A car that brakes too suddenly or hydroplanes may strike a motorcyclist, leaving bikers with devastating injuries.

Mechanical Failures

Defective brakes, tire blowouts, or malfunctioning throttles increase the risk of an accident. In some cases, a manufacturer or mechanic may be responsible for a faulty part that led to the crash.

Distracted Driving

Texting, eating, or adjusting a GPS takes a driver’s attention away from the road. A momentary lapse in focus can have deadly consequences when a motorcycle is nearby.

Left-Turn Accidents

One of the most dangerous situations for a motorcyclist occurs when a car turns left at an intersection without yielding. These crashes often result in head-on or side-impact collisions, which can be catastrophic.

Your Rights After Suffering Injuries in a Motorcycle Crash

South Carolina law provides legal protections for injured motorcyclists. Understanding your rights as a motorcycle rider ensures you can take the proper steps toward securing the compensation you deserve.

South Carolina Motorcycle Laws

Motorcyclists must follow specific laws regarding licensing, helmet use, and lane usage. These regulations can affect an injury claim.

Insurance Coverage Requirements

South Carolina requires all drivers to carry liability and uninsured motorist insurance. Motorcycle accidents can be incredibly costly, and South Carolina’s minimum insurance requirements may not be enough to cover the expenses. Other coverage options like underinsured motorist protection and MedPay can provide additional compensation.

Statute of Limitations

You have limited time to file a personal injury lawsuit in South Carolina. The general deadline for filing an injury claim is three years from the accident date. However, cases involving government entities have shorter timeframes and additional legal complexities to navigate. Some exceptions may apply that can extend the time you have to file, but you need an attorney to evaluate your case and advise you of your options. Contacting a lawyer as soon as possible not only protects your rights to compensation, but it also allows your attorney to collect and gather important evidence to support your claim.

Comparative Negligence Rules

Even if you share some responsibility for the crash, you may still recover damages. South Carolina follows a modified comparative negligence rule, which reduces compensation based on your percentage of fault.

Joye Law Firm Can Help

When a negligent driver or some other factor caused a motorcycle crash that hurt you or a close family member, Joye Law Firm is here to help you pursue the full compensation you deserve.

Investigation of Accident Scenes

A thorough investigation is key to proving what caused the accident and who is responsible. Our legal team gathers crucial evidence such as accident reports, traffic camera footage, and witness statements. If needed, we visit the scene to document road conditions, signage, and visibility issues that may have played a role.

Gathering and Preserving Evidence

Strong evidence helps establish liability and the full extent of your damages. We collect photos, medical records, motorcycle repair estimates, and expert opinions to present a clear and compelling case. Physical evidence, such as damaged protective gear or skid mark measurements, can also support your claim.

Working With Accident Reconstruction Professionals

When the defendant disputes fault, accident reconstruction experts help clarify what happened. Using physics-based analysis and computer simulations, they provide detailed reports that illustrate how the crash occurred, helping counter any attempts to wrongly blame you for the accident.

Negotiating With Insurance Companies

Insurance companies focus on their bottom line, not your best interests. They may try to pressure you into accepting a low settlement, but our attorneys push back. We know their tactics and fight for a resolution that fully accounts for your medical costs, lost wages, and future needs.

Litigation Experience When the Insurance Company Refuses to Settle

While many cases settle out of court, some require legal action when the at-fault party or their insurer refuses to make a fair offer. Our attorneys prepare every case as if it will go to trial, presenting clear evidence and compelling arguments to seek the best possible outcome for you.

At Joye Law Firm, we understand what’s at stake. Our team stands by your side throughout the legal process, fighting for your rights while you focus on healing.

Understanding the Motorcycle Accident Claims Process

After a motorcycle accident, getting fair compensation requires a clear strategy. Insurance companies try to minimize payouts, so having legal representation ensures your claim is handled correctly. The process typically includes several key steps, from the first consultation to settlement or court proceedings.

Initial Consultation and Case Evaluation

The process begins with a free consultation. During this meeting, an attorney reviews the details of your accident, listens to your concerns, and provides an honest assessment of your case. You’ll have the opportunity to ask questions about your legal options and what to expect moving forward.

Gathering Documents

Strong evidence builds a strong case. Your attorney gathers police reports, medical records, accident scene photos, and witness statements. If available, footage from traffic or surveillance cameras can provide crucial proof of what happened.

Medical Treatment Coordination

Seeking medical care as soon as possible is critical for both your health and your legal claim. Keeping records of doctor visits, prescribed treatments, and rehabilitation efforts helps document the full impact of your injuries. Your attorney may also consult medical experts to understand the long-term effects of your condition.

Insurance Company Negotiations

Insurance companies often attempt to settle claims for less than what’s fair. Your lawyer handles all communication with adjusters, ensuring they don’t take advantage of you. To start negotiations, your attorney will send a “demand letter” outlining your damages and the compensation you deserve. Negotiations may involve multiple rounds of counter-offers before reaching a fair settlement.

Settlement or Court Preparation

The majority of motorcycle accident cases settle outside of court. However, if the insurance company refuses to offer reasonable compensation, a lawsuit may be necessary. Your attorney prepares the case for trial, gathering expert testimony, accident reconstructions, and additional evidence to present before a judge or jury.

Timeline Expectations

Every case is different, and the time it takes to resolve a claim depends on factors such as the severity of injuries, the complexity of the accident, and the insurance company’s willingness to negotiate. Some cases settle in months, while others take longer if litigation is required.

At Joye Law Firm, we guide injured riders through every stage of the process, ensuring their rights remain protected while they focus on healing.