There is a reason why few motorcyclists walk away from an accident unharmed. If you or a loved one has been injured in a motorcycle crash, you may have a right to financial compensation. Reach out to the York, SC motorcycle accident attorneys at Hunter & Everage to learn more about a potential claim that could lead to a settlement check.
How Are Motorcycle Accidents Different Than Car Accidents?
On average, motorcycle accidents are far more serious than car crashes. Passenger car drivers and occupants have more to protect them from impact than motorcyclists. In a car, there are the vehicle’s exterior, seat belts, and airbags to keep drivers safer in the event of an accident.
Motorcyclists have nothing other than their safety gear and helmet (although helmets are not required for most motorcyclists in South Carolina). There is nothing to protect them from direct impact with the car and pavement. Thus, the rate of serious injuries in motorcycle crashes is higher than in car accidents.
How Is Fault Determined in a Motorcycle Accident In South Carolina?
To win a motorcycle accident case, you must prove that the driver was negligent. You become eligible for financial compensation when you can show that the driver did something that would be considered unreasonable under the circumstances and it caused your injuries. As the claimant, you have the burden of proof to demonstrate every single element of negligence before you can receive a dollar.
At the same time, you may be partially blamed for the accident. Under South Carolina law, you become ineligible for financial compensation when you are more than 50% to blame for the accident. If your blame is less than this amount, your settlement would be reduced by the percentage of blame that you bear.
Your attorney would begin an immediate investigation of the accident, gathering the evidence needed to win your case. You have a very limited amount of time to collect physical evidence before it disappears.
Insurance Companies Like To Blame Motorcyclists
There is a societal perception that motorcyclists are riskier than the average person simply because they like to ride motorcycles. Insurance companies know full well this is not true, yet they try to exploit this perception to bolster their position. The insurance companies like to point a finger at motorcyclists because they know that it could eliminate or reduce their liability to you.
It is still possible to receive financial compensation when you have been partially blamed for the accident, but you would lose out on the money you need to pay for your damages.
In a situation like this, an experienced motorcycle accident attorney would need to defend your actions every bit as much as they try to take the fight to the insurance company. As unfair as it may seem, your lawyer may need evidence that disproves the insurance company’s allegations so you can receive full compensation for your injuries.
What Should I Do if I’ve Been in a Motorcycle Accident In South Carolina?
The first thing you need to do after a motorcycle accident is tend to your health. The insurance company is paying close attention to when you seek medical help and whether you follow your doctor’s recommendations. The days after a motorcycle accident are crucial to your long-term recovery, so it is incumbent upon you to do everything possible to get the treatment you need.
Given the stakes involved in your motorcycle accident claim, you must hire an attorney right away after the accident. The insurance company may contact you when you are in a weakened position. Knowing what they owe you, which could be a considerable amount of money, they may try to rush you into a settlement agreement before you realize how much you otherwise could have gotten. Hiring an attorney can protect your legal rights and put you on a pathway to financial compensation.
Motorcycle Accident Damages You May Receive
Your motorcycle accident claim can be worth a significant amount of money. The insurance company knows this and will work not to pay you what you deserve.
You may be entitled to the following in motorcycle accident damages:
- Medical expenses
- Lost wages
- Pain and suffering
- Scarring and disfigurement
- Embarrassment and humiliation
- Loss of enjoyment of life
- Emotional distress
If a motorcyclist has died in the accident, South Carolina law allows for the personal representative to file a wrongful death lawsuit on behalf of the family. Any proceeds of a settlement or jury award are divided by state law.
Consult a York County Motorcycle Accident Attorney Today
If you have been injured in a motorcycle accident, the insurance company is not going to put money in your pocket without a fight. To best wage that battle, you need an experienced attorney who knows how to make insurance companies take notice. The attorneys at Hunter & Everage have a track record of success, delivering results for clients like you. Call us today at 704-377-9157 or send us a message online to schedule a free initial consultation with one of our lawyers.