South Carolina Motorcycle Accident Attorneys in Spartanburg
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At Cummings & Lewis, LLC, our law firm frequently represents victims injured because of negligent drivers on South Carolina roadways. We stand up for the injuries and damages incurred from the devastation suffered financially, physically, and emotionally. Trust our extensive knowledge of state personal injury law to work toward the maximum compensation possible for your situation. As South Carolina motorcycle accident attorneys, we have the necessary licensing to practice in all state and federal courts so that jurisdiction is not a barrier for us to serve you.
Common Causes of Motorcycle Accidents in South Carolina
Motorcycle accidents are primarily caused by the negligence of other drivers on the road. Unfortunately, this negligence can lead to serious injuries for the motorcyclist.
Common causes of motorcycle accidents often include:
- Distracted driving: Drivers who are not paying attention or are using mobile devices are not able to react quickly when there is a potential hazard on the road.
- Speeding or reckless driving: Motorcyclists are particularly vulnerable when drivers are speeding or behaving recklessly on the roads, which can result in a loss of control due to high speeds or abrupt lane changes.
- Unsafe lane changes: Drivers who do not properly check blind spots before making a lane change can easily cause an accident, especially with a motorcyclist.
- Drunk driving: Drunk drivers are a danger to everyone on the road, including motorcyclists. The impaired judgment and reaction time of drunk drivers can result in serious accidents.
- Road conditions: Poorly maintained roads or roads with construction can create an environment where motorcycle accidents are more likely to occur. Hazards can include potholes, uneven lanes, and more.
Possible Injuries from a Motorcycle Accident
Motorcyclists are unfortunately susceptible to injuries during an accident due to less protection. Motorcycle accidents can result in serious and life-changing injuries for the rider.
Possible injuries from a motorcycle accident include:
- Head and neck trauma: Head and neck injuries, such as concussions or traumatic brain injuries, can have long-term effects.
- Broken bones: Fractures or broken bones are common in motorcycle accidents due to the impact of the crash.
- Spinal cord damage: Spinal cord injuries are some of the most serious types of injuries resulting from motorcycle accidents, and can result in permanent paralysis.
- Internal injuries: Internal organ damage can occur due to the force of the impact during an accident.
- Soft tissue injuries: Strains, sprains, and other soft tissue injuries can cause long-term pain or discomfort.
Motorcycle Accidents Facts & Statistics
- According to the South Carolina Department of Public Safety, there were 3,421 motorcycle accidents reported in the state in 2021.
- These accidents resulted in injuries to 2,589 individuals and 153 fatalities.
- Factors contributing to motorcycle accidents may include speeding, lane splitting, lack of protective gear, and driver inattention.
What to Do After a Motorcycle Accident in Spartanburg
If you’ve been involved in a motorcycle accident in Spartanburg, it’s important to take the right steps to protect your health and legal rights. Here are five crucial actions to take immediately after the crash:
- Get Medical Attention: Even if you feel fine, seek medical care immediately. Injuries from motorcycle accidents can be hidden or worsen over time. Call 911, get evaluated by a doctor, and follow your treatment plan closely.
- Call the Police: Always contact law enforcement after a motorcycle accident. The police will create an official report, which is essential for your insurance claim and any legal action you may take later.
- Gather Evidence: Take photos and videos of the accident scene, vehicle damage, and any injuries. Get contact details from witnesses and the other driver(s), including their insurance and license information.
- Avoid Admitting Fault: Never admit fault at the scene, even if you believe you might be partially responsible. Let the police and insurance adjusters determine liability.
- Contact a Motorcycle Accident Attorney: Consult with an experienced motorcycle accident lawyer. They can help you navigate the claims process, negotiate with insurance companies, and ensure you receive the compensation you deserve.
By following these steps, you can ensure your legal rights are protected while focusing on your recovery. You will want to have as much evidence as possible to provide a motorcycle accident attorney with the evidence they need.
Does It Matter Who Is at Fault in the Accident?
In South Carolina, it absolutely matters who is at fault in an accident. Because it’s a “fault” state, the person who is “at fault” for the injuries you sustained is responsible for paying your compensation. Realistically, though, it won’t be the person who caused the harm who will pay for the damage; it will be the person’s insurance company.
Depending on the reason for the accident, though, the person who caused it may have to pay in other ways. They have the potential to lose their driving privileges or even be jailed, in some cases. That’s not true for every motorcycle accident, though, as many of these incidents aren’t caused by drivers doing anything worthy of jail time.
Remember that the injuries you suffered from a negligent driver crashing into your motorcycle are not your fault. South Carolina also provides for you to receive compensation to help cover your damages and losses, which may include things like lost wages, loss of enjoyment of life, past and future medical care, loss of consortium, and more.
How Pain and Suffering Are Calculated in a Motorcycle Accident Claim
In South Carolina, pain and suffering are non-economic damages awarded for the physical and emotional distress caused by a motorcycle accident. These damages are typically calculated using two methods:
- Multiplier Method: This involves adding up your economic damages (medical expenses, lost wages, etc.) and multiplying them by a factor (usually between 1.5 and 5) based on the severity of your injuries.
- Per Diem Method: A daily amount is assigned for each day you experience pain and suffering, then multiplied by the number of days you suffer from the injury.
Several factors influence the calculation of pain and suffering, including:
- Injury Severity (e.g., permanent disabilities or disfigurement)
- Mental and Emotional Impact (e.g., anxiety, depression)
- Duration of Recovery (e.g., long recovery times or chronic pain)
- Impact on Quality of Life (e.g., inability to work or engage in hobbies)
- Pre-existing Conditions that may have worsened due to the accident
- Defendant’s Liability (degree of negligence by the at-fault party)
Why Hire a South Carolina Motorcycle Accident Lawyer?
If you are considering handling your injury claim on your own, understand you risk everything by trusting an insurance company to do what is right. These are large corporations that do not have your best interests considered in their assessment of your damages. Instead, they will do everything possible to deny or reduce your compensation award, even if it means manipulating you into admitting partial fault to settle quickly. Our South Carolina motorcycle accident attorneys will ensure this does not happen to you while in a vulnerable state after an accident.
Our South Carolina motorcycle accident attorneys provide legal representation for motorcycle accident victims by investigating your case thoroughly. We then build a strong legal argument with evidence to prove the responsibility of the other driver. We also understand that your priority after an accident is health and healing, so we handle the paperwork and negotiations with insurance companies for you.
Spartanburg Motorcycle Accident Attorneys at Cummings & Lewis, LLC
At Cummings & Lewis, LLC, our South Carolina motorcycle accident attorneys understand motorcycle laws in South Carolina. We also understand the unique challenges that motorcyclists face when involved in a collision. Our team of experienced legal professionals from Spartanburg is dedicated to fighting to ensure motorcycle accident victims receive compensation for medical bills, lost wages, pain, suffering, and more. Contact us today to schedule a free consultation.
Rely on Cummings & Lewis, LLC, to act as your motorcycle accident attorneys in Spartanburg, SC. All of the personal injury cases we represent are on a contingency basis, which means we only get paid when you get paid, and we only get paid if you win. This means you won’t need any money upfront.
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Motorcycle Accident FAQ
Motorcycle riders are at a much higher risk of getting into accidents than those driving other vehicles on the road. According to the National Highway Traffic Safety Administration (NHTSA), motorcycle riders are 26 times more likely to be killed in an accident than those in passenger cars and five times more likely to be injured.
Most motorcycle accidents occur at intersections. This is because many drivers do not check for motorcycles when making a left turn and can easily miss them in their blind spot or fail to yield the right of way.
The length of a motorcycle accident lawsuit can vary greatly depending on the complexity of the case. Generally, it can take anywhere from six months to two years for a resolution to be reached in court.
Alex P. Lewis &
W. Blake Cummings
Named Super Lawyers in 2023
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