Were you or a loved one injured in a motorcycle accident in York, South Columbia? Are you facing mounting medical bills and not sure what to do or where to turn? If you’re feeling overwhelmed with your injuries and long road to recovery, you do not have to face this process alone. An experienced personal injury law firm can handle your legal claim while you focus on more important things.
For more than four decades, Elrod Pope Accident & Injury Attorneys has fought zealously to protect the rights of our clients. We have successfully recovered over $100 million in life-changing compensation for them. Let us put more than 150 years of collective legal experience to advocate for your rights. Call (803) 902 7399 today for a free case review with a knowledgeable York motorcycle accident lawyer.
How Can Elrod Pope Accident & Injury Attorneys Help Me After a Motorcycle Accident?
Motorcycle accidents in South Carolina can lead to severe injuries that dramatically impact victims and their families. You’ll need fair compensation to cover unexpected medical bills, lost wages, and other losses, but the insurance company might not be playing fair.
When you hire Elrod Pope Accident & Injury Attorneys for your motorcycle claim, we can:
- Investigate the accident and determine the at-fault driver
- Gather evidence to prove fault
- Protect you from unfounded accusations of fault and deceptive practices by insurance companies
- Assemble documentation of the short- and long-term impact of your injuries
- Handle the administrative work for your legal claim
- Negotiate for maximum compensation
- Monitor case deadlines and file a personal injury lawsuit, if necessary
Speak to a York personal injury attorney today when you call for a free consultation.
How Common Are Motorcycle Accidents?
According to the National Highway Traffic Safety Administration, 6,218 motorcyclists were killed in traffic accidents in 2022, representing 15% of all traffic fatalities and the highest number of motorcyclists killed since at least 1975. Per vehicle mile traveled in 2022, motorcyclists were about 22 times more likely to die in motor vehicle accidents than passenger vehicle occupants and four times more likely to be injured. The South Carolina Department of Public Safety reports that 2,086 motorcycle crashes occurred on our state’s roadways in 2022, including 151 fatal crashes.
Common Causes of Motorcycle Accidents
A leading cause of motorcycle accidents is driver error by the driver of the passenger vehicle. Despite the growing popularity of motorcycles, many drivers simply do not look out for or notice motorcyclists. This can cause accidents when drivers:
- Switch lanes without looking
- Fail to yield the right-of-way to motorcyclists
- Run red lights or stop signs with a motorcycle in the pathway
- Pass multiple vehicles at a time
- Drift into an adjoining lane while distracted
A unique contributing factor to many motorcycle accidents is dangerous roadways. Motorcyclists are more prone to accidents due to road defects, such as potholes, debris in the roadway, slick roads, and other dangerous conditions. Our experienced attorneys can investigate your case to determine if the road department or other party may be liable for your injuries.
Common Types of Motorcycle Accident Injuries
Because motorcycles do not have the same steel frames, airbags, and seat belts standard in today’s passenger vehicles, accidents involving them tend to cause serious injuries. Motorcycle accident victims may suffer various injuries, including:
- Concussions and other traumatic brain injuries
- Spinal cord injuries
- Amputations
- Severe burns
- Broken bones
- Road rash
- Broken tailbones
- Internal bleeding
- Nerve damage
- Damage to tendons, ligaments, and muscles
These injuries can sometimes cause permanent disabilities and life-changing consequences.
What Is My Motorcycle Accident Claim Worth?
Motorcycle accidents tend to result in severe injuries. Still, each case is unique. The potential value of your case can depend on various factors, including:
- The severity of your injuries: The nature and severity of your injuries can directly impact the value of your case. Generally, the more serious your injuries and the longer the recovery period, the greater the value of your claim.
- The permanency of your injuries: Motorcycle accidents can cause permanent disabilities and impairments. When they do, your motorcycle claim should fairly compensate for the lifelong medical needs and reduced earning capacity you will suffer due to them.
- How your injuries affect your ability to work: If the injury made it so you can no longer work or motivated you to switch your line of work to something less physically demanding, you can seek compensation for your reduced earning capacity.
- The extent of your pain and suffering: Motorcycle injuries can be severe, leading to chronic pain and discomfort. You should be fairly compensated for these real-life effects.
- Insurance coverage available for your claim: Insurance companies will only pay up to the policy amount to resolve claims.
- Whether you contributed to the accident: If you are partly to blame for the accident, your compensation can be reduced by your degree of fault.
- The strength of the evidence: When liability is clear, the insurance company will not have grounds to try to minimize the value of your claim.
The best way to learn about the potential value of your claim is to reach out to a skilled motorcycle accident lawyer.
What Financial Compensation Can I Recover After a Motorcycle Accident?
South Carolina law allows accident victims to recover compensation for the economic and non-economic damages they suffered as a result of an accident. Economic damages compensate for the direct financial losses they incur, such as:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Property damage
These losses include current expenses and those that are reasonably calculated to be incurred in the future. Alternatively, non-economic damages provide compensation for less tangible losses, such as:
- Pain and suffering
- Mental distress
- Loss of consortium
- Loss of enjoyment of life
An experienced personal injury attorney can fight for the damages you are entitled to.
Overcoming Insurance Bias When Making a Motorcycle Accident Claim
One of the major hurdles that motorcyclists must overcome when making a motorcycle accident claim is inherent bias against them. Insurance companies and jurors may buy into stereotypes that motorcyclists are risky, impaired, or criminal. Insurance companies know these negative stereotypes and try to perpetuate them by attempting to blame motorcyclists for accidents that were not their fault or making lowball settlement offers because they don’t think the motorcyclist will go to court.
An experienced attorney can help overcome this bias by building a strong claim on your behalf, using clear evidence to establish liability and document the full extent of your injuries. Even if you are partially at fault for the accident, South Carolina uses a modified comparative fault system when dealing with cases of combined fault. Under this system, you can still seek compensation for your damages as long as you are not more than 50% at fault for the accident. Your lawyer will work to minimize any fault attributed to you so that your damage award is not reduced arbitrarily.
How to Build a Strong Motorcycle Accident Claim
Strong evidence can help build a robust personal injury claim. Our seasoned attorneys know how to gather and preserve valuable evidence after motorcycle accidents, including:
- Accident reports
- Witness statements
- Traffic camera footage
- Footage from dash cams and body cams from responding law enforcement officers
- Video surveillance from nearby commercial establishments or residences
- Event data recorder information in vehicles that records the GPS location, speed, braking patterns, and other critical data immediately before a crash
- Medical records
- Accident scene photos
When the situation calls for it, our lawyers can hire accident reconstruction experts who can use physical evidence, such as skid marks, tire treads, and auto parts, to reconstruct how the accident happened. Our goal is to protect your legal interests at all times and recover maximum compensation for your claim.
What Is the Statute of Limitations to File a Personal Injury Lawsuit in South Carolina?
Each state establishes timelines by which parties must take certain legal actions, known as statutes of limitations. The statute of limitations for filing a personal injury lawsuit in South Carolina is three years. If you don’t file a lawsuit by the third anniversary of the wreck, you can forfeit your right to recover compensation through the court. The court can dismiss any later case you file as untimely without hearing its merits. Safeguard your legal rights by speaking to an experienced motorcycle accident attorney today.
Contact a York Motorcycle Accident Lawyer to Schedule Your Free Case Review
If you or a loved one was injured in a motorcycle accident caused by someone else’s negligence in South Carolina, an experienced York motorcycle accident lawyer can help. Elrod Pope Accident & Injury Attorneys has over 150 years of combined legal experience. We are ready to sit down with you to discuss your legal rights and options during a free, no-obligation consultation. If you decide to pursue a motorcycle accident claim, we can investigate the accident, identify all at-fault parties, and fight for the compensation you deserve. Contact us today to get started.