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    Motorcycle on its side after being in an accident

    Experienced bikers are well aware of the dangers they can encounter on the road. Luke always practiced defensive driving and wore adequate safety gear, but even the most conscientious biker is no match for a negligent driver in a 2-ton vehicle. As Luke cruised down Rock Hill Highway in Lancaster County on his way home from work one evening, an oncoming SUV suddenly turned in front of him. Luke had no time to react, and his bike slammed into the side of the car, throwing him 20 yards away. When Luke awoke in the ICU, he was informed that he was hemorrhaging in his brain, and he had multiple broken bones.

    Distraught, Luke’s family called the Joye Law Firm, and Attorney Sydney Lynn of our Columbia office took on the case. Ultimately, Attorney Lynn secured a $1.35 million settlement for Luke, allowing him to focus on his recovery without worrying about his massive hospital and rehabilitation bills.

    Read the full case study here

    If you were injured in a motorcycle accident in the Midlands, caused by another driver’s negligence, our Columbia motorcycle accident lawyers want to help you. At Joye Law Firm, we recognize that you are going through a tough time. You may be facing a lengthy recovery, and are worried about how to pay substantial medical bills. You need answers to your questions and a clear understanding of your legal options to pursue compensation.

    Our attorneys will treat you with compassion and respect. We will review how your injury occurred and discuss whether you have a valid motorcycle accident case.

    FREE CASE EVALUATION

    Why Choose Joye Law Firm for Your Motorcycle Accident Case

    When you’re dealing with a motorcycle accident, you need more than just legal representation; you need a Columbia motorcycle accident attorney who truly understands and cares. Here’s why Joye Law Firm stands out:

    • Unparalleled Experience: With nearly 300 years of combined legal experience, our attorneys bring a wealth of knowledge to your case. Several of our lawyers have been recognized as South Carolina Super Lawyers, and our firm holds a prestigious AV rating in the Martindale-Hubbell legal directory.
    • Client-Centered Approach: We believe in treating every client with compassion, respect, and courtesy. Our commitment to clear communication means we listen attentively, inform you about your case, and promptly return your calls and messages.
    • Dedication to Optimal Outcomes: We work hard to find the best possible outcome for each client. Our goal is to help you get back to what matters – your life.
    • Trust and Integrity: Building trust with our clients is at the core of our practice. We understand the importance of this trust in handling the legal process together.
    • Highly Skilled: Our extensive experience informs our decision-making process. We know when to negotiate a settlement and when to take a case to trial, always with your best interests in mind.

    We encourage you to choose us for representation that combines legal knowledge with genuine care and dedication to your well-being.

    Steps to Take After a Motorcycle Accident in Columbia

    Take the proper steps for your safety, health, and potential legal case. Here’s what you should do:

    1. Ensure Safety: If possible, move to a safe area and turn on hazard lights.
    2. Call 911: Report the accident to the police and request medical assistance, even if injuries seem minor.
    3. Seek Medical Attention: Allow paramedics to examine you. Some injuries may not be immediately apparent due to shock or adrenaline.
    4. Document the Scene: If you can, take photos and videos of the accident scene, vehicle damages, road conditions, and any visible injuries.
    5. Gather Information: Collect contact and insurance details from all involved parties. Get contact information from any witnesses.
    6. Avoid Admitting Fault: Be careful what you say to other parties or the police. Stick to the facts and avoid admitting fault or apologizing.
    7. Report to Your Insurance Company: Notify your insurance provider about the accident, but only give detailed statements once you consult a Columbia motorcycle accident lawyer.
    8. Preserve Evidence: Keep your damaged clothing and gear. Wait to repair your motorcycle until it has been documented for your case.
    9. Follow-up on Medical Care: Attend all follow-up medical appointments and keep records of all treatments and expenses.
    10. Contact a Columbia Motorcycle Accident Lawyer: Contact an experienced motorcycle accident lawyer at Joye Law Firm as soon as possible. We can help protect your rights and guide you through the legal process.

    Make your health and safety your primary concern. Once you’re safe, these steps can help protect your legal rights and strengthen any potential compensation claim.

    Proving Negligence in a Columbia Motorcycle Accident Case

    Drivers are legally responsible for obeying traffic laws and protecting others from harm by operating their vehicles with reasonable safety. To recover compensation after a motorcycle accident in South Carolina, you must show that the other driver acted negligently and that you were injured due to that negligence.

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    Our Columbia motorcycle accident attorneys gather statements from witnesses, police accident reports, video surveillance (if available), and other physical evidence. This evidence can prove that the other driver broke the speed limit, disregarded traffic signals, drove distracted, or otherwise drove negligently causing your collision.

    You must show you suffered injuries and financial losses due to the driver’s negligence. Our attorneys gather your medical records and income statements to show how your injury occurred and its effect on you.

    Some insurance companies engage in the blame game and will try to shift the blame to the person riding a motorcycle to avoid paying a valid injury claim. We are alert to those kinds of insurance company tactics, and will aggressively negotiate to prove our client was not at fault. Our team of experienced Columbia motorcycle accident lawyers is ready to help you prepare and pursue a personal injury lawsuit after an accident.

    How are Damages Calculated for a Motorcycle Accident Claim in Columbia?

    After a motorcycle accident caused by another driver, you are entitled to claim compensation for your losses including:

    • Doctor bills and hospital bills
    • Physical therapy and rehabilitation
    • Prescription medications and medical devices
    • Motorcycle damage or replacement
    • Permanent disability and disfiguring scars
    • Pain and suffering
    • Lost earnings from missed work

    To determine your monetary damages, our Columbia motorcycle accident attorneys gather receipts for your medical bills, vehicle repairs, and proof of your lost income. We also assess whether you will need ongoing medical care or physical therapy. If so, we will work with medical experts to estimate your future medical costs and living assistance related to your injury.

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    South Carolina personal injury law recognizes that motorcycle accident victims may claim compensation for non-economic damages such as physical pain and suffering, emotional trauma, anxiety, fear, and depression caused by the accident. Non-economic damages may be calculated as a multiple of your economic damages. The factors that will affect the calculation of damages include the seriousness of your injuries, their effect on your daily life, the length of time needed to recover, and the percentage of fault that can be attributed to the other driver in the accident.

    In certain situations, we can pursue punitive damages. These damages are intended to punish a driver or third party for reckless or dangerous behavior and to deter such actions in the future. For instance, we may seek punitive damages in cases involving a drunk driver or when a manufacturer knowingly releases a defective vehicle part.

    Common Types of Motorcycle Accident Injuries

    The injuries suffered in a motorcycle accident are often severe because riders have little protection in a crash other than a helmet and protective clothing. The most common motorcycle injuries include:

    • Leg and foot fractures: A rider’s leg may be trapped underneath a motorcycle when it falls over after colliding with another vehicle or a stationary object.
    • Head and traumatic brain injuries: Head injuries are the leading cause of disabilities and fatal injuries in motorcycle accidents.
    • Chest and shoulder injuries: The impact of a motorcycle collision can throw a rider over the handlebars, causing a broken collarbone or shoulder, crushed sternum, or other serious injuries.
    • Arms and hand fractures: A motorcyclist may sustain broken bones in the arms and hands while reacting to a crash and trying to break a fall.
    • Pelvis and hip fractures: Pelvic fractures may be caused by the violent force of a motorcycle crash. The injured rider may require surgery to reconstruct the pelvis and stabilize the ring of bones at the base of the spine.
    • Cuts and bruises: sometimes called “road rash”. This occurs when the rider’s skin scrapes against the pavement, causing painful abrasions. This injury can range from mild to severe depending on the protective gear worn at the time of the crash.

    If you or a loved one has sustained any type of significant injury in a motorcycle accident caused by another motorist, you may be facing months of rehabilitation. If you’re unable to work, you should not have to worry about how to pay your bills. The motorist who caused your injuries and their insurance provider should be responsible. If the at-fault driver is uninsured or lacks sufficient coverage, we can file a claim against your own uninsured or underinsured motorist policy. While you might think an attorney isn’t necessary for this type of claim, insurance companies often refuse to pay out these policies, even when justified.

    Our motorcycle accident attorneys at Joye Law Firm can deal with the insurance companies and the legal issues, while you focus on your health and recovery. We will handle your motorcycle injury claim on a contingency fee basis so you can have experienced legal representation without any upfront cost to you. The Joye Law Firm’s “No Fee Guarantee” allows you to get representation without any financial risk. We do not receive a legal fee unless we obtain compensation for you.

    How Insurance Companies Handle Motorcycle Accident Claims

    Understanding how insurance companies operate can help you navigate the claims process more effectively after a motorcycle accident. Here’s what you need to know:

    Initial Contact

    Soon after the accident, an insurance adjuster will likely contact you. They may seem friendly, but remember, their primary goal is to minimize the company’s payout.

    Investigation

    The insurance company will conduct its own investigation, which may include:

    • Reviewing police reports and witness statements
    • Examining damage to vehicles involved
    • Analyzing your medical records
    • Possibly surveilling you to verify injury claims

    Lowball Offers

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    Insurance companies often make quick, low settlement offers, hoping you’ll accept them before fully understanding the extent of your injuries or damages. Be aware that insurance companies may:

    • Request recorded statements, hoping you’ll say something that could be used against your claim
    • Delay processing your claim to pressure you into settling
    • Dispute the severity of your injuries or argue they were pre-existing
    • Attempt to shift blame onto you for the accident

    Negotiation Process

    If you don’t accept their initial offer, negotiations may begin. This can be complex and may require multiple counteroffers.

    In some cases, the insurance company may deny your claim outright, forcing you to consider legal action.

    How Joye Law Firm Can Help

    Our experienced Columbia motorcycle accident attorneys can:

    • Handle all communications with the insurance company
    • Ensure you don’t inadvertently say anything that could harm your claim
    • Gather and present compelling evidence to support your case
    • Negotiate for a fair settlement
    • Take your case to court if a fair settlement can’t be reached

    Remember, insurance companies have teams of lawyers and adjusters working to minimize payouts. Having an experienced motorcycle accident attorney from Joye Law Firm on your side can level the playing field.

    How Long Do I Have to File a Motorcycle Accident Claim in South Carolina?

    Understanding the statute of limitations is important when considering a motorcycle accident claim in South Carolina. This legal time limit sets a deadline for filing your lawsuit, and failing to act within this period could result in losing your right to seek compensation. In South Carolina, the statute of limitations for most motorcycle accident claims is three years from the accident date. This applies to personal injury claims as well as property damage claims.

    Key points to remember:

    • The clock starts ticking on the day of the accident.
    • If you discover injuries later, the three-year period generally still begins from the accident date, not the date of discovery.
    • In wrongful death cases, the three-year period typically starts from the date of death, which may be different from the accident date.
    • Claims against government entities may have shorter notice requirements, sometimes as brief as 180 days.
    • If the injured party is a minor or legally incompetent, the statute of limitations may toll or pause until they reach the age of majority or regain competency.
    • In rare cases involving fraud or concealment by the defendant, the court may extend the statute of limitations.

    While you have three years to file a lawsuit, you must start the claims process much sooner. Early action allows time to investigate, gather evidence, and negotiate with insurance companies before resorting to a lawsuit. At Joye Law Firm, we recommend contacting an attorney as soon as possible after your accident. This allows ample time to build a strong case and protects your right to seek compensation. Don’t let the statute of limitations expire on your claim. Contact us for a free consultation to understand your rights and the timeline for your specific case.

    Our Columbia Motorcycle Accident Lawyers Can Help You Seek Compensation

    A step that can help you regain control of your life after a motorcycle accident is to contact a knowledgeable Columbia personal injury lawyer at Joye Law Firm. Our lawyers will listen to your concerns, address your questions, and outline your legal options during a free consultation. Whether your crash occurred in Richland, Lexington, York, Lancaster, Aiken, Saluda, or another Midlands county, we can help.

    Understanding your legal options can help you make well-informed decisions about your recovery and how to move forward after a motorcycle injury. We want to help you put your injuries behind you and move ahead with your life. Contact us today at 888-324-3100 to get started.

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