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Hitting the road on a motorcycle is a thrilling experience and the gorgeous weather in Charleston allows bikers to enjoy that thrill throughout most of the year. Unfortunately, motorcyclists face many risks when they are on the road. Bikers know what these are and they take many safety precautions to avoid them. When other motorists act negligently, unfortunately, this is not always possible.
If you have been hurt, you may be entitled to compensation. Our Charleston motorcycle accident lawyer can help you obtain the full and fair settlement you are rightfully entitled to.
Motorcycle Laws in Charleston
There are many motorcycle laws in Charleston and throughout South Carolina. These are as follows:
- Motorcyclists have the same rights: Motorcyclists have the same right as other motorists to use a full lane of the road. Likewise, bikers must also follow the same responsibilities as other motorists.
- Motorcycle operation: Bikers, and their passengers, must use motorcycles in a specific manner. Only the permanent seat attached to a motorcycle can be used to sit on, and all riders must have one leg on each side of the bike. Motorcycle operators must also not carry anything that prevents them from using the handlebars with both hands.
- Passengers: Passengers are only allowed on motorcycles if there is a permanent seat and footrests for them, and if they do not interfere with the control, operation, or view of the operator.
- Helmets: In Charleston, and throughout the state, any motorcycle rider under the age of 21 years old is required to wear a motorcycle helmet. Bikers over the age of 21 years old are not required to wear a helmet, although head protection is always recommended.
A motorcycle accident lawyer in Charleston can advise you of the laws and how they apply to your case.
How are Motorcycle Accidents Different from Car Accidents?
It is natural to assume that motorcycle accidents are similar to other car crashes on the road.
Unfortunately, that is not true. Motorcycle accidents are different from other auto accidents in a number of ways, including:
- Severity of injuries: Bikers have very little protection when they are out on the roads. Due to this, they suffer some of the most severe injuries when they are involved in a crash.
- Biases: Many people have an unconscious bias towards motorcyclists, viewing them as dangerous risk-takers. This bias can influence insurance companies, juries, and judges. A motorcycle accident attorney in Charleston can help you overcome these biases so you obtain the fair settlement you deserve.
- Helmet laws: Due to the fact that only certain individuals are required to wear helmets, those who legally choose not to wear one can still obtain damages for their injuries. If someone under the age of 21 does not wear a helmet, it can negatively impact the amount of compensation they receive.
- Specialized knowledge: To determine how much compensation a biker is entitled to, a Charleston motorcycle accident lawyer must often educate juries, judges, and insurance adjusters about the mechanics of a bike. These include the effect of road hazards on a biker, the instability of a bike, and other specific vulnerabilities.
What Causes Motorcycle Accidents in Charleston, SC?
Any negligent, or careless, act can result in a motorcycle accident. Some of the most common of these include:
- Distracted driving, including texting and driving, eating, drinking, and loud music
- Failing to yield to bikers
- Impaired driving
- Following too closely
- Left turns in the path of a biker
- Improper lane changes
- Improper road conditions, such as debris or potholes
- Speeding
- Defective motorcycle or vehicle parts
- Failing to observe and comply with traffic signs and signals
During a motorcycle accident, you can suffer some of the most serious injuries. You may not know right away what caused your crash, or who is liable for paying damages for your injuries. Our Charleston car accident lawyer will conduct a thorough investigation to determine what caused your crash so you can hold the appropriate party liable.
What to Do After a Motorcycle Accident in Charleston, SC
After a motorcycle accident, you will likely feel a great deal of stress, anxiety, and confusion. It is not always easy to know what to do next. It is critical to take the right steps after any motorcycle accident in Charleston, SC, so you can protect your rights and your safety and well-being.
The first thing to do after any motorcycle accident is to seek any necessary medical treatment.
Injuries from these accidents can be very serious so it’s important you get evaluated as soon as possible. If paramedics arrive on the scene, allow them to examine you and follow through with all recommendations. If paramedics did not arrive at the scene, visit an emergency room as soon as you leave the accident scene, even if you do not think you have been hurt. Many injuries do not present symptoms right away and a doctor will identify all of your injuries. Seeing a doctor will also document your injuries, which will help you prove the nature and severity of them in the future.
The next step is to report it to law enforcement. You are required to report any auto accident that results in injury, death, or significant property damage in South Carolina. Reporting the crash will also help document it, as law enforcement may write and file a report. They may also indicate negligence within that report, which can help strengthen your case.
While at the scene, you should also collect as much evidence as possible. Take photos of all vehicles involved, your injuries, and the accident scene as a whole. Also, locate anyone who saw the accident and ask them for their name and contact information. Your motorcycle accident attorney in Charleston will likely contact them in the future. Additionally, exchange names, contact information, and insurance details with all other motorists involved in the crash, as well. Your accident attorney will need this information when filing your claim.
Common Injuries in Charleston Motorcycle Crashes
Motorcyclists face serious risks every time they ride through Charleston streets. When accidents happen, the injuries are often severe and life-changing. The lack of protection around a motorcycle means riders absorb the full impact of a collision.
- Head and brain injuries represent some of the most devastating outcomes. Even riders wearing helmets can suffer concussions, skull fractures, or traumatic brain injuries.
- Spinal cord damage is another serious concern. The force of impact can damage vertebrae and compress the spinal cord. Many victims require extensive rehabilitation and may never regain full mobility.
- Road rash occurs when a rider slides across pavement after being thrown from their bike. While it might sound minor, severe road rash can require skin grafts and leave permanent scarring.
- Broken bones are extremely common in motorcycle accidents. Arms, legs, ribs, and collarbones frequently break during crashes. Some fractures require surgical repair with metal plates, screws, or rods.
- Internal injuries often go unnoticed immediately after an accident. Damage to organs like the liver, spleen, or kidneys can be life-threatening.
Insurance Challenges for Charleston Motorcyclists
Dealing with insurance companies after a motorcycle accident brings unique obstacles. Insurance adjusters often approach motorcycle claims with skepticism. They may assume the rider was speeding or driving recklessly without proper investigation.
Coverage disputes frequently arise because motorcycle policies differ from standard auto insurance. Some policies have lower limits for medical coverage or property damage. Riders might discover their coverage is insufficient after a serious accident.
The other driver’s insurance company will likely try to shift blame to the motorcyclist. They might argue the bike was hard to see or that the rider was driving aggressively. These tactics aim to reduce their payout obligation.
Medical bills can quickly exceed policy limits in serious motorcycle accidents. Emergency room visits, surgeries, and rehabilitation costs add up rapidly. When insurance coverage runs out, victims face mounting debt while still recovering from their injuries.
Property damage claims for motorcycles also face scrutiny. Insurance companies might declare a bike totaled when it could be repaired. They may also undervalue custom parts or modifications that increase the motorcycle’s worth.
The Role of Road Conditions in Charleston Area Accidents
Charleston roads present specific hazards that increase motorcycle accident risks. Potholes pose a significant threat to two-wheeled vehicles. What might be a minor inconvenience for cars can cause motorcycles to lose control or crash.
Construction zones create dangerous conditions for bikers. Loose gravel, uneven surfaces, and narrow lanes force motorcycles into precarious situations. Orange cones and barriers can also reduce visibility between cars and bikes.
Weather conditions affect motorcycles more severely than other vehicles. Rain makes roads slippery and reduces tire traction. Even light moisture can make painted lane markers extremely hazardous for motorcycles.
Debris on roadways creates serious hazards for bikers. Items that cars can easily drive over might cause motorcycles to crash. Common debris includes:
- Tree branches and leaves during storm seasons
- Construction materials and tools
- Cargo that falls from trucks or trailers
Poor road maintenance contributes to many accidents. Cracked pavement, faded lane markings, and broken traffic signals all increase risks for motorcyclists. Local governments have a responsibility to maintain safe road conditions.
Establishing Liability in Complex Motorcycle Cases
Determining who caused a motorcycle accident requires careful investigation. Multiple factors often contribute to these crashes. Police reports provide important initial information, but they don’t always tell the complete story.
Several types of evidence help establish fault:
- Witness statements from people walking, driving, or working nearby
- Traffic camera footage from intersections and business security systems
- Vehicle damage analysis that reveals impact angles and speeds
Cell phone records might show if a driver was texting or calling during the accident. This evidence requires legal action to obtain, but it can prove that distracted driving caused the crash.
Long-term Consequences of Motorcycle Injuries
Recovery from motorcycle accident injuries often takes much longer than victims initially expect. What seems like a straightforward broken bone might develop complications. Infection, delayed healing, or hardware failure can extend treatment for months.
Physical therapy becomes a crucial part of recovery for many motorcycle accident victims. Regaining strength, mobility, and coordination requires consistent effort over time. Some people need therapy for years to reach maximum improvement.
Psychological effects frequently accompany physical injuries. Many accident survivors develop anxiety about riding or even being passengers in vehicles. Post-traumatic stress can affect sleep, work performance, and relationships.
Financial impacts extend far beyond immediate medical bills. Lost wages during recovery can strain family budgets. Some victims cannot return to their previous jobs due to permanent limitations. Career changes might mean accepting lower pay or different working conditions.
Family relationships often suffer when a motorcycle accident causes serious injuries. Spouses may become caregivers while managing their own stress and fear. Children might not understand why their parents can’t participate in activities like before.
Time Limits and Legal Deadlines in South Carolina
South Carolina law sets strict time limits for filing motorcycle accident lawsuits. Missing the three-year deadline typically means losing the right to seek compensation through the courts.
Property damage claims have a shorter time limit. Vehicle repair or replacement claims must be filed within three years as well, but insurance companies often require much shorter reporting periods.
Medical treatment creates its own deadlines. Some insurance policies require accident-related medical treatment to begin within a certain timeframe. Waiting too long to see a doctor might give insurance companies grounds to deny coverage.
Evidence preservation becomes time-sensitive after motorcycle accidents. Security camera footage gets deleted, witnesses forget details, and physical evidence disappears. The sooner an investigation begins, the better the chance of preserving crucial evidence.
Protecting Your Rights After a Charleston Motorcycle Accident
Documentation plays a vital role in protecting legal rights after motorcycle accidents. Keeping detailed records of medical treatment, lost wages, and other expenses helps build a strong compensation claim. Photos of injuries throughout the healing process show the extent of damage caused.
Important steps to protect your rights include:
- Following all medical recommendations and attending scheduled appointments
- Limiting social media activity that could be used against your case
- Avoiding detailed statements to insurance companies without legal representation
Legal representation provides important protection throughout the claims process. Experienced attorneys know how insurance companies operate and can anticipate common tactics used to reduce payouts. They also handle communications so victims can focus on recovery.
Call Our Motorcycle Accident Lawyer in Charleston Today
One of the first things you should do after being hurt on your bike is to contact a Charleston motorcycle accident lawyer. At Trey Harrell, our experienced attorney can advise after any motorcycle accident and help you through the process so you obtain the fair settlement you justly deserve. Contact us to schedule a free consultation and to learn more about how we can help.
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