Motorcycle Accident Lawyer

Maxey McFarland Law Firm > Practice Areas > Motorcycle Accident Lawyer
Motorcycle Accident Lawyer

A Greenville motorcycle wreck is a frightening experience. So is its aftermath. Bills for the treatment of your injuries might be quite costly. Paying for your care could prove challenging in any circumstances but may be particularly difficult now, especially if your injuries are severe enough to prevent you from working and earning an income. 

Was the crash someone else’s fault? If so, you could be entitled to file a claim with their insurance. Doing so allows you to seek compensation for medical bills and other such losses. 

You should talk to a Greenville, South Carolina, motorcycle accident lawyer from Maxey McFarland Law. Our experienced attorneys are on hand to offer the representation you deserve now. Call us at 864-387-8362 today for answers to your questions and advice about what to do next. 

Motorcycle Collision Statistics in Greenville, South Carolina 

According to the South Carolina Department of Public Safety (SCDPS), in 2021, motorcycle crashes in Greenville County resulted in:

  • 46 possible injuries
  • 76 suspected minor injuries
  • 43 suspected serious injuries
  • 16 fatal injuries 

In 2021, there were 2,146 motorcycle collisions in South Carolina, in which 166 people were killed. 

Common Causes of Motorcycle Crashes in South Carolina 

Although motorcycle wrecks can occur for many reasons, they’re often the result of someone else’s carelessness. Another motorist could cause a motorcycle crash by:

  • Speeding
  • Ignoring traffic signs and signals
  • Operating a motor vehicle while under the influence of drugs or alcohol
  • Driving while fatigued
  • Driving while distracted
  • Driving aggressively
  • Not checking blind spots for motorcycles 

Motorcycle crashes can also result from other causes, such as defective motorcycle parts or hazardous road conditions. 

Determining the cause of a motorcycle crash is essential. Once the at-fault party has been identified, you and your attorney can begin the process of pursuing the compensation you deserve. The first step in that process is usually filing an insurance claim with the at-fault party’s insurance company. 

Common Motorcycle Wreck Injuries 

A motorcycle doesn’t provide the same protection a car offers. When you’re in a car, the metal frame of the vehicle absorbs at least some of the shock of a collision, and airbags can help protect vehicle occupants upon impact. 

You’re much more vulnerable when you’re riding a motorcycle. According to the National Highway Traffic Safety Administration (NHTSA), motorcycle riders are about 24 times more likely to lose their lives in crashes than occupants of passenger vehicles. 

A motorcycle collision that doesn’t result in death can nevertheless cause serious injury. Common injuries resulting from motorcycle wrecks are: 

  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries
  • Paralysis
  • Internal organ injuries
  • Internal bleeding
  • Amputations
  • Road burn
  • Degloving injuries
  • Disfigurement
  • Fractures
  • Abdominal trauma 

The consequences of motorcycle crash injuries can vary widely and can require costly medical treatment. They can also affect your ability to work. You may be unable to return to your usual job as you recover from your injuries. Depending on their severity, you might be unable to return to any work indefinitely. 

Motorcycle crash injuries may also prevent you from engaging in activities you love. In addition, you might struggle to support your loved ones in all the usual ways, from playing sports with your children to providing around-the-house services for your spouse. 

Compensation Available After a Motorcycle Wreck 

The losses you can seek compensation for when filing a motorcycle wreck claim come in two main forms: 

  • Economic losses
  • Non-economic losses 

Economic losses are losses with clear financial values. For instance, the cost of medical care is an economic loss you can receive compensation for. Lost wages count as another common economic loss. 

A non-economic loss doesn’t have an obvious financial value. Legal professionals may apply specialized formulas to assign values to such losses. 

Consider the example of pain and suffering. You might experience pain while recovering from motorcycle crash injuries. The “cost” of your pain doesn’t have an exact dollar value. Regardless, you can seek compensation for it. 

A lawyer can determine approximately how much compensation this type of intangible loss may bring. We can’t promise you will receive an exact amount of compensation, but the team at our Greenville, South Carolina, motorcycle wreck law firm can calculate your losses and make sure we leave no loss unaccounted for when we pursue the compensation you’re entitled to. 

How a Greenville, South Carolina, Motorcycle Accident Lawyer Can Help 

Determining approximately how much compensation you may receive is just one way an attorney can help with your case. Other ways a Greenville, South Carolina, motorcycle accident lawyer can benefit your claim include:

  • Reviewing your case to determine your legal options
  • Determining who is liable for your injuries
  • Gathering evidence to show the insurance company that the crash that injured you resulted from the at-fault party’s actions
  • Obtaining medical records, police reports, dashcam, video, and surveillance footing to document your losses
  • Completing claim paperwork and filing a claim with the insurance company
  • Negotiating for a fair settlement
  • Filing a lawsuit on your behalf
  • Presenting your case to a judge or jury if necessary 

The insurance company won’t always offer an appropriate settlement. A lawyer can evaluate their offers and help you decide whether your best option is to file a lawsuit. You can sue to seek damages in a trial when the insurance company won’t offer what you may deserve. 

What Happens If You Were Partly At Fault for the Accident? 

The South Carolina Contribution Among Tortfeasors Act is a law that could influence how much compensation you can receive from a settlement or award. Under this law, you may receive compensation when you’re less than 51 percent to blame for your crash-related losses resulting from a crash. However, the amount of compensation you receive depends on whether and how much you contributed to your losses. 

Maybe you sustained injuries in a motorcycle crash because someone wasn’t paying attention and bumped your vehicle. Perhaps this caused you to fall from your motorcycle and sustain a blow to the head. Maybe they can show you weren’t paying attention at the time of the crash. Perhaps you could have gotten out of the way and avoided a collision if you’d been more attentive. In these circumstances, maybe you are 20 percent to blame for your injuries. 

If you’re 20 percent responsible for your losses, your total compensable losses will be reduced by 20 percent. If your total accident-related losses are $50,000, and you are found to be 20 percent responsible for the severity of your injuries, your compensation would be reduced to $40,000, and if you were more than 50 percent responsible for the crash, you would not be entitled to compensation at all. 

Social Media and Your Motorcycle Crash Case 

Don’t make the mistake of posting about your case on social media until you’ve received a settlement or a verdict granting you an award of compensation. Posting on social media could negatively affect your case. 

For example, maybe you’ve recently gone on vacation with loved ones. You might not think twice about sharing pictures from your trip on social media. Maybe, in some of the pictures you share, it appears you’re playing sports or engaging in similar physical activities. 

An insurance claims adjuster could monitor your social media for any posts that suggest your injuries aren’t as severe as you claim. They might use these posts as justification for offering you less compensation than you seek. If you’re playing sports in a picture, or maybe even sitting on the sidelines enjoying a game, a claims adjuster could use those images to suggest that your injuries aren’t serious and that your claim is worth less than you say. 

That’s just one instance of an error that could jeopardize your case. When you hire an expert personal injury lawyer, they can help you understand what you should and shouldn’t do to improve your chances of receiving compensation. 

How Long Do You Have to File a Motorcycle Accident Lawsuit in South Carolina? 

a handshake between a motorcycle accident lawyer and a man

The statute of limitations for filing a motorcycle crash lawsuit in South Carolina allows you three years from the date of the accident to file against the at-fault party. It’s best to contact an attorney right away to be sure you don’t miss this legal deadline. You’ll give up your right to file a lawsuit if you attempt to file after the statutory period lapses and the at-fault party requests that your case be dismissed. If the court dismisses your case, you will lose your best leverage against the insurance company.

Contact a Greenville, South Carolina, Motorcycle Accident Lawyer 

Recovering from motorcycle collision injuries can be a complex and lengthy process. Don’t overcomplicate your life now by attempting to pursue compensation alone. 

At Maxey McFarland Law, our founding partners have vast experience with personal injury claims in general and with motorcycle accidents in particular. We have recovered millions of dollars for our clients, and we are eager to do the same for you. We’re South Carolinians ourselves, and that means we treat our clients like neighbors. It also means we are thoroughly familiar with the South Carolina laws that may apply to your case. We’ll leverage that understanding to offer you the representation you deserve. Learn more about what our Greenville, South Carolina, motorcycle accident lawyer can do for you by contacting us online or calling us today at 864-387-8362 for a free case review.

Last Updated: 05-18-2024
Written By: Will Maxey