The National Highway Traffic Safety Administration (NHTSA), reports that approximately 70% of motorcycle-vehicle collisions occur at intersections.
Although motorcycle accidents are most often caused by 4-wheeled vehicles engaging in left-turn failures, inappropriate lane changes, rear-ending at a stop, or driving under the influence, the effects can result in much more severe injuries than what would otherwise be a minor collision between two four-wheeled vehicles.
Additionally, unlike its neighbor states Georgia and North Carolina, as well as Tennessee, Alabama, and Virginia, South Carolina no longer has a universal helmet law that requires all riders to wear a helmet. The law was dropped in 1980, therefore in South Carolina today, anyone over the age of 21 is not required to wear a helmet. Operators and passengers under age 21, however, must wear a helmet per SC Code 56-5-3660 (2012).
For obvious reasons, motorcycle accidents can more often result in devastating physical harm to the motorists involved.
Because Personal Injury Insurance Protection (PIP) in some states is only required for vehicles with four or more wheels, motorcyclists are not permitted to carry PIP coverage. Even if the motorcyclist owns a car that is covered by PIP insurance, the coverage does not extend to accidents that occur on the motorcycle. If the motorcyclist is uninsured, they may struggle to pay for costly medical bills, especially if the injury prevents them from working.
If you were injured in a crash, an attorney can explain your options for pursuing compensation for medical bills and other losses — which could be further compounded by circumstances such as medical malpractice. If you contact an attorney immediately after the accident, he or she can begin to collect information and evidence to support your compensation claim.
If the motorcyclist was not at fault, they may be able to seek damages from the party negligent in causing the crash. While motorcyclists are not covered by PIP insurance, they are also not bound by its restrictions. Injured riders are not limited in the damages they may seek to compensate for their losses, including damages for pain and suffering.
Motorcyclists do not have to pass an injury threshold to seek compensation for damages, which may include medical costs, lost wages, and pain and suffering.
Insurance Negotiations
Negligence means carelessness
Motorcycle accident lawsuits fall under the category of personal injury, which in turn is based on the theory of negligence.
In other words, your attorney will have to prove that the other driver in the accident was at fault because he or she failed to exercise a reasonable standard of care. To do so, your attorney will investigate to learn more about the incident, including whether the other driver followed traffic laws, paid attention to his or her surroundings, was driving under the influence, etc.
Wrongful Death
If you have lost a loved one in a motorcycle accident, you may have recourse to recover compensation through a wrongful death lawsuit. An attorney can help the family of the deceased prove the negligence of the other driver was the cause of the victim’s death. Common motorcycle injuries are:
- Head or Traumatic Brain Injuries (TBI) even with helmets
- Neck or spinal cord injuries
- Traumatic leg and foot injuries, where a possible crushing may occur
- Broken bones
- Road rash, with possible permanent scarring or disfigurement
- Severe internal injuries relating to organ or nerve damage, internal bleeding, etc.
Therefore, in Motorcycle Personal Injury cases, medical cost coverages, expenses, lost wages, and liability are of the utmost importance for a defendant to define and prove.
If you were injured in a motorcycle accident, multiple parties may be at fault, including the driver of the other vehicle, the motorcycle manufacturer, or even the local government for dangerous road conditions. Protection of legal rights by identifying liable parties can alleviate financial burdens that may have been caused by another’s recklessness. Determining who should be held accountable must be carefully evaluated, by gathering evidence such as witness testimony, video footage, and cell phone records.
Various road conditions on highways, interstates, busy neighborhood roads, or even back roads with various grading or paving types, affect motorcycles in a more direct way than any other type of motor vehicle, and their inclusion in evidence gathering is paramount.
As in other Automobile and other Personal Injury cases, damages may be collected for medical treatments and hospitalizations, short-term and long-term disability, future medical care as necessary, occupational, and physical therapy, prescription drugs and medications, lost earnings, and pain and suffering compensations.
How do Motorcyle Accidents Occur in South Carolina?
The National Highway Traffic Safety Administration (NHTSA) reported that approximately 70% of motorcycle-vehicle collisions occur at intersections because motorcycles are less visible to other drivers. The causes of motorcycle accidents include:
- Reckless lane changes,
- Speeding or driving too fast for conditions,
- Following motorcyclists too closely,
- Failing to pay attention,
- Distracted drivers,
- Motorist turning in front of a motorcyclist,
- Failure to see or observe motorcyclist,
- Dooring accidents,
- Aggressive Driving,
- Bad weather,
- Inadequate road maintenance/repairs
Additionally, road conditions and hazards might cause a motorcyclist accident. In these situations where poor construction practices may have caused the motorcyclist accident, multiple parties may be liable such as the city or county where the road is located, the South Carolina Department of Transportation, the South Carolina Department of Construction and Planning, or private construction companies involved in the project, contractors, and subcontractors. Determining which parties are responsible for road conditions and hazards is important to ensure full and fair compensation.
You Need Supplemental Insurance Coverage For Custom Motorcycles in South Carolina. Here's why.
South Carolina Motorcycle Helmet Laws
Unlike other states, including neighboring states like Georgia and North Carolina, South Carolina does not have a universal helmet law that requires all riders to wear helmets. In South Carolina, if you are 21 years old or younger you are required to wear a helmet. This law is part of the reasons motorcyclists are attracted to South Carolina. Particularly the Myrtle Beach and Charleston area.
Motorcyclist accidents in South Carolina can be devastating and determining the liable parties can be complex. These types of accidents can cause serious injuries, including:
- Road rash
- Broken legs, feet, arms, and hands
- Traumatic brain injuries
- Head, neck, and facial injuries
- Spinal cord injuries
- Paralysis
- Abdominal injuries
- Internal injuries
- Serious lacerations
- Internal bleeding
- Degloving
- Death