Motorcycle Accident Lawyer in Tega Cay, SC
Riding a motorcycle is a popular but hazardous activity in South Carolina. Statistics from the S.C. Department of Safety show that one motorcyclist died every three days in the Palmetto State in a recent year. Thousands more suffered injuries.
By design, motorcycles cannot offer the same protection to riders that vehicles do. Motorcycle riders and passengers often suffer traumatic and life-threatening injuries when motorcycle accidents happen. It takes a long time and a lot of money to recover from a serious accident. Fortunately, South Carolina law allows motorcycle accident victims to pursue compensation for their losses if someone else is to blame for a wreck.
At the law firm of McKinney, Tucker & Lemel LLC, our motorcycle accident lawyers understand the difficult situation many motorcycle accident victims face after a collision. Just making ends meet can be difficult. You deserve accountability and justice for your losses. Get someone on your side who can do the heavy lifting for you. Reach out to a motorcycle accident lawyer in Tega Cay, SC with our law firm today.
Call or contact us now to get started.
Who Is At Fault in Most Tega Cay Motorcycle Accidents?
It’s impossible to assign blame for all motorcycle accidents to any one class of drivers. Truck drivers, car drivers, and motorcyclists can be entirely or partially responsible for causing motorcycle crashes on Tega Cay roadways.
However, motorcyclists do face an unfair bias when it comes to settling motor vehicle accident claims. For years, riders have been portrayed as angry and aggressive risk-takers looking for trouble. That representation is hardly fair to the real-life riders who hit the pavement safely every day. Still, this negative stereotype can cloud an insurer’s judgment and lead to snap decisions and unjust assumptions ― specifically, that a motorcyclist must be at fault for an accident. A lawyer’s job is to push the insurance company, judge, or jury to overcome this bias and make a fair decision.
How to Determine Fault After a S.C. Motorcycle Accident?
South Carolina courts use a modified comparative negligence rule to assign fault and determine compensation after an accident. This law reduces a person’s compensation according to their share of fault for the crash. For example, if a motorcyclist is found to be 25 percent responsible for an accident, their total compensation is reduced by 25 percent. If the total value of the claim was $100,000, they could only collect $75,000.
There’s one caveat: To recover any compensation, you must be assigned 50 percent or less of the fault for a motorcycle accident in South Carolina. Any more, and no compensation is possible.
The modified comparative negligence rule binds court decisions. However, it will also guide how an insurer values a motorcycle accident claim.
Dealing with Insurance After a Motorcycle Accident
Filing a motorcycle accident claim can get tricky fast. The stigma against motorcyclists can cripple your insurance claim without the right help. Everyone has biases. But when the person biased against motorcycles is the same one making decisions about your right to compensation, your claim must be handled with care.
Insurance companies are for-profit businesses. You can count on them to look for any reason to offer you a low payout, even if they have no proof that you rode recklessly or irresponsibly.
Should I Accept a Speedy Settlement From an Insurance Company?
Never accept a speedy settlement from an insurer. It is seldom in your best interest and will probably be a lowball offer. The value of your claim should be based on evidence and the severity of your injuries. An experienced motorcycle accident lawyer can help you navigate the complexities of filing an injury claim and manage all communication with the insurer. A motorcycle accident attorney can also negotiate on your behalf to fight for the full, fair, and maximum compensation you deserve.
What Are Some Types of Motorcycle Accident Injuries?
Unfortunately, motorcycle accident injuries can be severe. Other than a helmet and the clothes on a rider’s back, there is little else to protect them from the violent impact of a crash. The most common types of motorcycle accident injuries include:
- Traumatic brain injury (TBI)
- Spinal cord injury /paralysis
- Neck injuries
- Back injuries
- Broken bones
- Road rash
- Internal injuries
- Contusions
- Burns
- Amputation
Motorcycle accident injuries can impact riders for the rest of their lives. They are literally life-changing. Obtaining compensation may be the only way for a catastrophically injured rider to meet their medical, financial, and personal needs. Hiring a motorcycle accident lawyer to protect your interests is critical if you’ve been hurt.
What Are South Carolina Motorcycle Insurance Policy Requirements?
South Carolina requires that all motorists carry insurance, including motorcyclists. South Carolina’s requirements are sometimes referred to as the 25/50/25 rule. The minimum insurance coverage limits are:
- $25,000 for death or bodily injury to one person
- $50,000 for death or bodily injury for two or more people
- $25,000 for property damage
- Am I Required to Carry Uninsured Motorist Coverage in SC?
South Carolina also requires motorists to carry uninsured motorist coverage (UM). This coverage takes effect in cases where a rider is hit by an uninsured motorist or involved in a hit-and-run accident. Insurers also offer underinsured motorist coverage (UIM), but this type of insurance is not mandatory.
What Damages Can I Claim for Compensation After My Motorcycle Accident?
The value of your motorcycle claim will depend on the circumstances of the crash and the severity of your injuries. An experienced motorcycle accident lawyer will investigate the accident and calculate your losses to arrive at a fair claim value. Although there is no average settlement amount, accident victims can seek compensation for:
- Medical treatment expenses
- Lost wages
- Loss of earning capacity
- Property damage
- Out-of-pocket expenses
- Emotional distress
- Loss of enjoyment of life
- Pain and suffering
The insurance company’s first settlement offer might not consider the future costs the injury will have on your life and livelihood. Before you accept any offer, talk to a Tega Cay motorcycle accident lawyer about your case.
How Can a Tega Cay, South Carolina Motorcycle Lawyer Help?
An attorney is your personal advocate and looks out for your best interests. Not all insurance companies ― even your own insurer ― are on your side. A knowledgeable motorcycle accident lawyer can investigate the cause of the crash and gather vital evidence to substantiate your claim. An attorney can also manage communications with the insurance company so you don’t accidentally say something that jeopardizes your right to maximum compensation.
Contact A Motorcycle Accident Lawyer in Tega Cay, SC Today
You don’t have to go through the claims process alone. While your motorcycle accident lawyer handles the paperwork, you can turn your attention to healing and putting your life back together again.
If you or a loved one sustained injuries in an S.C. motorcycle crash, talk to a Tega Cay motorcycle accident lawyer at the law firm of McKinney, Tucker & Lemel LLC today. Call or contact us for a consultation and case review.
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