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The roar of engines and the freedom of the open road draw thousands of motorcyclists to South Carolina’s scenic highways each year. Summerville’s location near Charleston makes it a popular destination for riders exploring the Lowcountry’s beautiful landscapes. However, when crashes occur, motorcyclists face unique challenges that other motor vehicle accident victims rarely encounter.
Motorcycle accidents in Summerville and throughout Dorchester County often result in catastrophic injuries due to the exposed nature of riding. Unlike car occupants who benefit from airbags, seatbelts, and metal frames, motorcyclists rely primarily on protective gear and defensive driving skills. When another driver fails to see a motorcycle or makes a careless mistake, the results can be devastating for the rider.
At the Trey Harrell Law Office, LLC., our Summerville motorcycle accident lawyers recognize that motorcycle accident cases require specialized knowledge of both South Carolina traffic laws and the unique dynamics of motorcycle crashes. Our experience handling these complex cases helps injured riders and their families secure the compensation they deserve while focusing on recovery.
Common Causes of Motorcycle Accidents in Summerville
Motorcycle crashes rarely happen without a clear cause. Most accidents result from specific dangerous behaviors or road conditions that create hazardous situations for riders. Left turn accidents represent one of the most frequent types of motorcycle collisions in Summerville. These crashes typically occur when a car driver turns left in front of an oncoming motorcycle, misjudging the bike’s speed or failing to see it entirely.
Rear-end collisions pose another significant threat to motorcyclists. When drivers follow too closely or become distracted, they may not notice a motorcycle slowing down ahead of them. The impact of a rear-end crash can throw a rider from their bike, leading to serious road rash, broken bones, or head injuries.
Lane splitting and improper lane changes create additional risks on Summerville’s busy roads.
While lane splitting is illegal in South Carolina, some riders still attempt to travel between lanes of stopped or slow-moving traffic. Additionally, car drivers who fail to check blind spots before changing lanes may collide with motorcycles traveling in adjacent lanes.
Weather conditions and road hazards affect motorcycles differently from other vehicles. Several environmental factors pose heightened risks for riders:
- Rain and wet pavement reduce tire traction significantly for motorcycles
- Fallen leaves create slippery surfaces that can cause sudden loss of control
- Construction debris and loose gravel present obstacles that destabilize motorcycles
- Potholes and uneven pavement require constant balance adjustments
These conditions require motorcyclists to reduce speeds and increase following distances, but other drivers often fail to account for these necessary safety adjustments.
Types of Injuries Commonly Seen in Motorcycle Crashes
The human body offers little protection against the forces involved in motorcycle accidents. Head and brain injuries rank among the most serious complications riders face, even when wearing helmets. Traumatic brain injuries can result in permanent cognitive impairment, memory problems, or personality changes that affect every aspect of a victim’s life.
Spinal cord injuries represent another category of devastating harm that motorcycle accident victims frequently endure. These injuries often prevent victims from returning to their previous employment or participating in activities they once enjoyed.
Road rash might sound minor, but severe cases require multiple surgeries and skin grafts to repair the damage. When a rider slides across pavement at high speeds, the friction can remove layers of skin and muscle, creating wounds that take months to heal properly. Infection risks and permanent scarring add to the challenges of recovery.
Broken bones are almost inevitable in serious motorcycle crashes. Riders commonly suffer fractures to their arms, legs, ribs, and pelvis. Complex fractures may require surgical repair with metal plates, screws, or rods. Some fractures heal poorly, leading to chronic pain or limited mobility that persists long after the initial injury.
South Carolina Motorcycle Laws and Safety Requirements
South Carolina maintains specific laws governing motorcycle operation that can impact accident cases. All motorcycle operators must possess a valid motorcycle license or endorsement on their driver’s license. The state imposes several safety requirements that riders must follow:
- All riders under 21 years old must wear DOT-approved helmets
- Motorcycles must have working headlights, taillights, and turn signals
- All motorcycles must pass state safety inspections annually
- Eye protection is required unless the motorcycle has a windshield
Failure to comply with these requirements can contribute to accidents and may affect liability determinations in crash cases.
In South Carolina, victims can receive compensation as long as they are not more than 50% at fault for the accident. However, their compensation will be reduced by their percentage of fault. For motorcycle accident victims, this rule can be particularly important because insurance companies often try to blame riders for crashes.
The state’s statute of limitations requires accident victims to file personal injury lawsuits within three years of the crash date. While three years might seem like plenty of time, motorcycle accident cases often involve complex medical treatment and lengthy recovery periods. Starting the legal process early helps preserve evidence and witness testimony that could prove crucial to the case outcome.
The Claims Process for Motorcycle Accidents
Filing a motorcycle accident claim involves multiple steps that require careful attention to detail.
The process typically begins with reporting the crash to law enforcement and seeking immediate medical attention. Police reports provide official documentation of the accident scene, weather conditions, and any traffic violations that may have contributed to the crash.
Medical documentation plays a crucial role in motorcycle accident claims. Insurance companies scrutinize medical records to determine the extent of injuries and their relationship to the accident.
Gaps in treatment or delays in seeking care can be used to argue that injuries were not serious or were caused by something other than the crash.
Insurance companies often approach motorcycle accident claims differently from car accident cases.
Many insurers harbor biases against motorcyclists, assuming they engage in reckless behavior or take unnecessary risks. These preconceptions can lead to lowball settlement offers or outright claim denials, even when the evidence clearly shows another driver was at fault.
Gathering evidence becomes especially important in motorcycle accident cases due to these biases. Our Summerville motorcycle accident attorneys advise clients on key pieces of evidence, including:
- Photographs of the accident scene, vehicle damage, and visible injuries
- Witness statements from people who saw the crash occur
- Traffic camera footage or security camera recordings from nearby businesses
- Expert accident reconstruction analysis to determine how the crash happened
Determining Fault and Liability
Establishing fault in motorcycle accidents requires a thorough investigation of all factors that contributed to the crash. South Carolina law recognizes several theories of liability that may apply to motorcycle accident cases. Negligence represents the most common basis for holding other drivers responsible for motorcycle crashes.
Driver negligence can take many forms, including speeding, distracted driving, driving under the influence, or failing to yield right-of-way to motorcycles. Cell phone records, toxicology tests, and traffic citations can provide evidence of negligent behavior that caused or contributed to the accident.
Sometimes multiple parties share responsibility for motorcycle crashes. For example, a drunk driver might cause an accident, but poor road maintenance by a government entity could have made the crash more severe. Product defects in motorcycle parts or safety equipment might also contribute to injury severity.
Proving liability often requires expert testimony from accident reconstruction specialists, medical professionals, or mechanical engineers. These experts can explain complex technical issues to insurance companies and juries in terms that are easy to understand and relate to the specific facts of each case.
Compensation Available to Motorcycle Accident Victims
Motorcycle accident victims may be entitled to various types of compensation depending on the severity of their injuries and the circumstances of their crash. Economic damages cover measurable financial losses such as medical bills, lost wages, and property damage. These damages are relatively straightforward to calculate using bills, pay stubs, and repair estimates.
Medical expenses for serious motorcycle accidents can reach hundreds of thousands of dollars.
Emergency room treatment, surgery, hospitalization, rehabilitation, and ongoing therapy costs add up quickly. Future medical expenses must also be considered for injuries that require long-term treatment or permanent care.
Lost wages and diminished earning capacity represent significant components of many motorcycle accident settlements. Severe injuries may prevent victims from returning to their previous jobs or require them to accept lower-paying positions that accommodate their physical limitations.
Non-economic damages recognize that motorcycle accidents affect more than just bank accounts.
Chronic pain, depression, anxiety, and inability to participate in favorite activities all deserve compensation under South Carolina law.
The following factors influence compensation amounts in motorcycle accident cases:
- Severity and permanence of injuries sustained
- Impact on the victim’s ability to work and earn income
- Degree of fault assigned to each party involved
- Quality and strength of evidence supporting the claim
Get in Touch with Us Today
Every motorcycle accident case is different, with unique circumstances that affect both liability and damages. What works in one case may not apply to another, making individual legal consultation essential for anyone injured in a motorcycle crash.
At the Trey Harrell Law Office, LLC., our Summerville motorcycle accident lawyers understand the challenges facing motorcycle accident victims in Summerville and throughout South Carolina. Our commitment to thorough case preparation and aggressive advocacy helps clients achieve the best possible outcomes for their specific situations. Contact us today for legal help. Remember, Trey Helps!
