843-636-TREY
The moments after a motorcycle accident are terrifying. A sudden accident can leave you on the pavement, injured, and shaken. Your bike might be damaged, other drivers are stopping, and you’re trying to figure out what just happened. As a motorcyclist who’s been hurt, you need to know what steps to take right now to protect both your health and your legal rights.
Trey Harrell understands what you’re going through. As a third-generation Charlestonian who’s handled motorcycle accident cases throughout South Carolina, Trey knows that injured riders face unique challenges. Insurance companies often blame motorcyclists unfairly, and the injuries from these accidents can be life-changing. This guide walks you through the essential steps to take after a motorcycle accident.
Immediate steps at the accident scene
Your priority is always your safety and health. If you can move, get to a safe location away from traffic. Even if you feel fine, adrenaline can mask serious injuries. Don’t try to “walk it off” or refuse medical attention.
Call 911 immediately. Tell them you’ve been in a motorcycle accident and need both police and medical response. The police report will be crucial for your case later, and getting medical attention creates a record of your injuries from the start.
While waiting for help, if you’re physically able:
– Don’t remove your helmet unless medically necessary.
– Take photos of everything: your bike, other vehicles, road conditions, your injuries.
– Get contact information from witnesses.
– Note weather conditions, time of day, and any road hazards.
– Don’t admit fault or discuss what happened with anyone except the police.
Why motorcycle accidents are different
Motorcycle accident litigation involves unique challenges that don’t exist in regular car accident cases. First, there’s an unfair bias against riders. Insurance companies and even juries sometimes assume motorcyclists are reckless or at fault, regardless of the facts. This bias means you need strong evidence and experienced legal representation from the start.
Second, motorcycle injuries are typically more severe. Without the protection of a car’s frame, airbags, and seatbelts, riders can suffer traumatic brain injuries, spinal cord damage, road rash, and broken bones. These catastrophic injuries require extensive medical treatment and can impact your ability to work and enjoy life.
Third, South Carolina’s modified comparative negligence law means that if you’re found to be 51% or more at fault, you recover nothing. Insurance companies know this and will work hard to shift blame onto you. They’ll claim you were speeding, lane splitting, or not wearing proper gear. Having someone like Trey Harrell, who knows their tactics and has courtroom confidence from his Federal Prosecutor background, makes all the difference.
Critical mistakes to avoid after your accident
The hours and days after your motorcycle accident are crucial. One wrong move can seriously damage your case and cost you thousands in compensation.
Don’t talk to the other driver’s insurance company without a motorcycle accident lawyer. They’ll call you quickly, acting friendly and concerned. They’re actually looking for any statement they can use against you. Anything you say can be twisted to make it seem like the accident was your fault.
Don’t accept the first settlement offer. Insurance companies know injured motorcyclists often face immediate financial pressure from medical bills and missed work. They’ll offer a quick, lowball settlement in hopes that you’ll take it out of desperation. Once you accept, you can’t go back for more compensation, even if your injuries are worse than originally claimed.
Don’t wait to see a doctor. Some injuries, especially head trauma and internal injuries, don’t show symptoms right away. If you wait days or weeks to get checked out, the insurance company will argue your injuries aren’t from the accident. Go to the emergency room or urgent care the same day as the accident.
Don’t post on social media. Insurance adjusters check Facebook, Instagram, and other platforms looking for anything to use against you. Even an innocent photo of you smiling can be twisted to suggest you’re not really hurt. Stay off social media until your case is resolved.
What compensation you may be entitled to
After a motorcycle accident that wasn’t your fault, South Carolina law entitles you to compensation for various damages. These typically include:
Medical expenses: All current and future medical bills related to your injuries, including emergency care, surgeries, physical therapy, medications, and medical equipment.
Lost wages: Money you’ve lost from missing work, plus future lost earning capacity if your injuries prevent you from returning to your previous job.
Pain and suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life caused by your injuries.
Property damage: The cost to repair or replace your motorcycle and gear.
For catastrophic injuries, such as traumatic brain injury or spinal cord damage, compensation can reach into the millions. Trey has handled these complex cases and understands how to calculate the true long-term costs of serious injuries.
How Trey Harrell helps motorcycle accident clients
When you’re injured in a motorcycle accident, you need someone who truly understands what you’re experiencing. Trey helps by taking the legal burden off your shoulders so you can focus on your recovery. With offices in Charleston at 2000 Sam Rittenberg Boulevard and in Summerville at 1247 Nexton Parkway, Trey serves riders throughout Charleston County and surrounding areas.
As a father of two, Trey knows what it means when an injury threatens your ability to provide for your family. He works patiently with each client, walking them through every step of the legal process. His experience as a former Federal Prosecutor gives him the confidence to take on insurance companies and, if necessary, take your case all the way to trial.
Remember, Trey helps. You don’t have to face this alone. Call 843-636-8739 today for a free consultation. There’s no fee unless Trey recovers compensation for you.
Frequently asked questions about motorcycle accidents
How long do I have to file a motorcycle accident claim in South Carolina?
South Carolina’s statute of limitations for personal injury claims is three years from the date of your accident. However, don’t wait. Evidence disappears, witnesses forget details, and insurance companies use delays against you. Call Trey Harrell as soon as possible to protect your rights.
What if I weren’t wearing a helmet?
South Carolina doesn’t require riders over 21 to wear helmets. Even if you weren’t wearing one, you can still recover compensation for injuries that weren’t head-related. However, insurance companies will try to use this against you, which is why you need an experienced motorcycle accident lawyer to fight back.
Can I still get compensation if I was partially at fault?
Under South Carolina’s modified comparative negligence rule, you can recover damages as long as you’re less than 51% at fault. Your compensation is reduced by your percentage of fault. For example, if you’re 20% at fault and your damages are $100,000, you’d receive $80,000.
How much does it cost to hire Trey Harrell?
Trey works on a contingency fee basis, meaning no fee unless he wins your case. Your consultation is completely free, and you don’t pay anything unless Trey recovers compensation for you. There’s no financial risk in getting the help you need.
Take action now to protect your rights
Motorcycle accidents can change your life in an instant. The physical pain, emotional trauma, and financial stress can feel overwhelming. But you don’t have to go through this alone. Trey Harrell has the experience, dedication, and Charleston roots to help you get back on your feet.
Don’t let insurance companies take advantage of you. Don’t accept less than you deserve. And don’t wait to get help. Every day that passes makes it harder to build a strong case. Call 843-636-8739 now for your free consultation. Trey helps injured motorcyclists throughout South Carolina get the compensation they need to move forward. Let him help you, too.