At the Charleston, South Carolina law offices of David Aylor, we have experience in the complex, and often intricate legal process when it comes to motorcycle accidents. We work hard to prove you deserve to be compensated for your injuries.
Motorcycle Accidents Info Center
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Charleston, SC Motorcycle Accident Lawyer
Riding on a motorcycle can be an exciting experience, but it can also be dangerous. Since motorcycles are smaller than other vehicles on the road, it is easy for them to get run over. In fact, other vehicles on the road are notorious for not sharing roadways with motorcycles. Even when a motorcycle has the right of way, they can find themselves waiting for other cars. Since it is relatively easy for motorcycles to get in accidents, it is no surprise that riders are frequently injured. A motorcycle, unlike a car, has limited safety equipment. If you’re not wearing motorcycle gear, you could sustain serious injuries from even the smallest wrecks. So, having a motorcycle attorney is essential to provide you compensation for these types of accidents.
David Aylor is a Charleston motorcycle accident lawyer that can help you with your case. Once you’ve been involved in an accident, the aftermath can be overwhelming. Do you call your insurance company, or do you wait for someone to contact you? Who is supposed to handle your medical bills and expenses? If you are out of work, are you eligible to receive compensation for your lost wages? Thankfully, an experienced attorney can help you with your case and your settlement. If you have been injured in a motorcycle accident, the time to act is now. Contact our offices today to schedule your free consultation.
Types of motorcycle injuries
Since there isn’t a lot of safety equipment on a motorcycle, these injuries can be severe. Riders have to get through two impacts before the collision has ended. So, even if a rider isn’t injured from the accident, they could be injured from the impact of the road. A motorcycle might be more thrilling to ride than an average car, but the injuries are always going to be more severe.
At the very least, you could end up with a nasty road rash because of your accident. Depending on how fast you are going, colliding with the road actually removes layers of clothing and skin. Your road rash could still keep you out of work while you are healing, and this is one of the more minor injuries. Riders over the age of 21 don’t have to wear helmets. So, it’s easy to sustain traumatic brain injuries or paralysis in the event of a motorcycle accident.
Some common motorcycle injuries include:
Insurance companies don’t watch out for you
Motorcyclists have more challenges with insurance companies than drivers of cars. When you’re involved in an accident, you think that your insurance company is on your side. After all, you have been paying for your policy for years. However, your insurance company is a business and they are focused on their bottom line. If insurance companies paid out all of their settlements they would be bankrupt. So, insurance companies will try to deny claims and settle for the lowest amount.
The reason motorcycle riders have a harder time with insurance companies is that they receive a lot of the blame. Most motorcyclists have a bad reputation. They are seen as outlaws or thrill-seekers, so it is easy to blame the motorcycle in any collision. Additionally, most insurance companies will offer lower settlement amounts to motorcycle riders.
In our state of South Carolina, the responsible party for an accident is responsible for paying for the damages. If you are found responsible for your own accident, you will receive a lower settlement. So, if you have a 30% fault in your accident, you would receive 30% of your settlement. You need an experienced attorney that can help you fight for the compensation that you deserve. Just because you choose to ride a motorcycle, doesn’t mean that you should have to accept less of a settlement.
South Carolina Motorcycle Insurance Policies
The state of South Carolina uses a tort-based system of automobile insurance. This means that the at-fault driver is responsible for paying for your damages. Under this system, everyone who registers their motor vehicle in South Carolina must carry a minimum amount of liability insurance. The minimum amounts are:
- $25,000 per person for bodily injury
- $50,000 for all parties injured in the accident
- $25,000 for all property that is damaged as a result of the accident
This policy is what gives you the recovery money from your insurance claim. To recover based on the at-fault driver’s policy, your Charleston, South Carolina motorcycle accident lawyer will send a demand letter on your behalf to the insurance company. Once this is done, the insurance company is left with three options:
- Deny the claim
- Agree to pay the claim
- Put forth a counter-offer based on how much money they think your case is worth.
The third option is the most common in South Carolina, and from this point, your attorney at the David Aylor Law Offices will enter into negotiations with the insurance company in an attempt to settle your claim.
If a fair settlement cannot be reached, or if the insurance company denies your claim, we will file a personal injury lawsuit in court in order to recover the compensation you deserve.
How can a Motorcycle lawyer help?
When you call and talk to insurance companies on your own, they’ll take advantage of you. These companies know that you don’t have experience handling these types of cases. If you hire an attorney, an insurance company will automatically take you more seriously. After all, motorcycle accident lawyers are familiar with talking to insurance companies and handling these cases on a daily basis.
A skilled motorcycle accident lawyer will also be able to investigate your case. We have more resources than you have on your own. So, we can gather information about your accident, and we can even recreate the scene of the accident. We’ve handled many motorcycle accident cases, so you’re in safe hands.
Finally, an expert attorney can help determine your damages. Some things are easy to calculate, like medical bills, property damage, and anything with a numerical value. However, there are emotional damages that don’t have a price tag. How do you put a price on pain and suffering? Attorneys evaluate damages on a daily basis, so we can ensure that you get a proper settlement. Some of the most common damages we seek include:
- Loss of income
- Medical expenses
- Future medical expenses
- Pain and suffering
- Emotional trauma
- Loss of quality of life
- Motorcycle replacement or repair
Liability in Charleston, SC Motorcycle Accidents
In order for you or a loved one who has been injured in a Charleston motorcycle accident to recover damages for your injuries, your attorney, David Aylor, will work hard to gather all the available evidence to assist you in building a strong case that can show the driver of the motor vehicle that caused your injuries was negligent.
Some of the most common causes of a motorcycle accident in which the other driver was negligent may include, but aren’t limited to:
- Driving while distracted
- Driving while tired, or fell asleep at the wheel
- Under the influence of drugs or alcohol
- Reckless driving, such as weaving in and out of lanes of traffic, etc.
In order to prove the other driver was negligent in some manner, we will survey the accident scene and be involved in the gathering of all available evidence. In some cases, we will retain the services of an accident reconstruction expert. By doing this, we will be able to show the insurance company or a court:
- Who caused your Charleston, South Carolina motorcycle accident
- Exactly how their negligent behavior led to your Charleston motorcycle accident
- The value of your economic and non-economic damages.
Recoverable Damages in a Charleston, SC Motorcycle Accidents
Until we’ve concluded our investigation into your Charleston motorcycle accident, we won’t fully understand the value of your case. However, the types of damages you may be able to recover for your injuries sustained in a Charleston, South Carolina motorcycle accident include both economic and non-economic compensation. They include:
- Medical expenses: This includes any surgery or other treatments, hospitalization, ambulance costs, ER treatment, any tests and imaging, inpatient rehabilitation, physical and any other therapies you may require, future care, home health care, and any costs associated with mobility aids or other necessary equipment.
- Lost Wages: This includes past and future earning capacity and/or diminished earning capacity.
- Repair or Replacement of your motorcycle
- Replacement of your helmet, cell phone, or other property that was damaged in the Charleston motorcycle accident
- Any out-of-pocket expenses associated with your accident or medical treatment
- Pain and suffering
- Wrongful death damages that may include: funeral and burial expenses, loss of support, mental anguish and/or any other emotional damages.
Are there any motorcycle laws that could affect my claim?
Yes. Comparative negligence is a factor in any type of vehicular accident in the state of South Carolina. If you have any fault in your accident, you won’t get a full settlement. You will only receive a percentage of the settlement, determined by your level of fault. If you are found to have over 51% fault in your accident, you won’t receive any compensation. You also need to file for your compensation within 3 years of your accident. Most personal injury lawsuits, in the state of South Carolina, have a 3-year statute of limitations.
Can I handle my case on my own?
You could choose to handle your case on your own, but we wouldn’t recommend it. You have injuries and damages that you need to focus on, and you can’t heal if you are stressed about your case. An experienced attorney will guide you every step of the way, and they will take the stress out of the situation. You have a professional handling your case and fighting for your compensation. You have better odds of winning your settlement with the assistance of experienced legal counsel. Don’t risk a lower settlement by handling everything on your own.
How can I keep safe on the road?
Riding a motorcycle is dangerous, but you can increase your safety with some tips. First, you should always wear your helmet and safety gear. This is your only line of defense if you’re involved in an accident. Next, make sure to obey all rules of the road. Some accidents occur because of driving too fast for conditions. You can reduce your risk of an accident by obeying traffic laws.
Contact a Charleston motorcycle accident lawyer today
If you have been involved in a motorcycle accident, you should contact us immediately. We only have a short amount of time to build your case, and you deserve compensation. Call our offices today to schedule your appointment.
If you or a loved one has been injured in a Charleston, South Carolina motorcycle accident, the personal injury attorneys at the David Aylor Law Offices can assist you by using their skill, experience, and knowledge to protect your rights and explain the steps need to help you receive all the compensation you deserve. We can file your insurance claim or personal injury lawsuit against the at-fault party, and be a strong advocate for you to hold them accountable for your injuries.