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A motorcycle injury can be investigated by a Myrtle Beach motorcycle accident lawyer; he or she will collect evidence as to which party was responsible for your accident and deal with the parties involved in your accident (insurance companies); he or she will also assist you in receiving reimbursement for any expenses you have incurred due to your injuries (medical bills), loss of wages, and/or pain and suffering. If your attorney is unable to reach a reasonable agreement with the other parties, then they will represent you in court.
At the Maguire Law Firm, we help our clients recover from their injuries through documenting how the motorcycle accident has impacted their quality of life, including their physical condition, ability to perform job duties, and ability to perform daily functions. We review police reports related to your accident, statements provided by witnesses, and all relevant medical information to support your claim and to dispute any claims made by the opposing parties that may be unfounded regarding your being the cause of the accident. During this time when you are focusing on recovering from your accident, we will manage the entire litigation process and provide explanations regarding your options at every stage.
Key Takeaways
- Once the motorcycle accident victim has taken care of their safety immediately after the crash, as well as documented the location and surrounding area where the crash occurred (taking photographs), gather all evidence related to the incident, and seek out medical treatment for their injuries, they may begin building a solid foundation for pursuing a claim against another party involved in the accident.
- A motorcycle accident attorney will assist clients by providing full-service representation beginning with an evaluation of each client’s case to determine how best to proceed with a claim including determining which insurance company(s) cover the parties at fault in the collision.
Hurt in an Accident? Hire Maguire
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Why Do You Need a Myrtle Beach Motorcycle Injury Attorney?
Motorcycle accidents can be very complicated. Motorcycle accident claims often include a combination of many different liability, insurance and damage elements. The assistance of an experienced motorcycle crash attorney is very beneficial in evaluating the liability, insurance and damage elements involved in your case.
An attorney with experience in motorcycle crash injuries in Myrtle Beach knows the unique problems associated with motorcycle cases, such as showing responsibility and showing the extent of your injuries. In addition, they have a deep knowledge of South Carolina law, which can help guide you through the process of obtaining fair treatment and compensation.
Insurance companies, medical bills and court documents can cause a great deal of stress when you’re trying to recover from an injury. However, there is much less stress when you hire an attorney. Your attorney can explain your options, allow you to make knowledgeable choices regarding your case and present your case as strongly as possible. While your attorney handles the many complex issues surrounding your case, you can concentrate on healing from your injuries.
An experienced motorcycle injury attorney in Myrtle Beach can also assist you with the following:
- Navigating complex insurance regulations
- Advocating for the just compensation for your damages
- Gathering the necessary evidence
- Negotiating with insurance companies
- Managing every part of your case so that you can focus on your recovery
What to Do After a Motorcycle Crash
The time immediately following a motorcycle crash will be chaotic. Taking care of your own safety and documenting evidence at the scene should be your first priority. Move yourself (and your bike) out of traffic lanes. If it’s safe to do so, use your hazards or place road flares around you to alert other drivers that there has been a crash. Be aware of potential injuries, no matter how minor they appear. Many people are unaware of their injuries due to adrenaline masking the pain and/or the extent of their injury. Documenting the scene after ensuring your safety
Follow these documentation tips to collect information about the scene of the accident:
- Take notes on everything that happened during the accident.
- Photograph the entire area of the crash (injuries, damaged vehicles, etc.).
- Obtain witness statements.
- File an incident report with local law enforcementÂ
- Notify a Myrtle Beach Personal Injury Lawyer as quickly as possible to help you develop your claim.
Gathering Evidence
Evidence that is collected after an accident is very important in proving your case. Get as much information from each party as possible; including name, phone number and insurance information. Also take pictures or notes about what you see (make, model, year, etc.) on all the cars that were involved. The pictures should show the cars from different views so it’s clear how severe the damage was.Â
Pictures of the people injured would also help. Taking pictures of the area where the car wreck happened is good too. Witness statements are helpful. Take down witness information such as name, phone number and address. This will greatly assist your attorney when they build your case and determine who was responsible.
Seek Medical Attention
Seeking immediate treatment at the hospital after being involved in a motorcycle crash is important to be evaluated for any possible medical issues regardless of how minor you feel they may be. Internal injuries, as well as head injuries from a motorcycle crash may not always show immediate signs of injury.
However, these types of injuries can have serious and long-lasting effects on an individual’s health if left unaddressed. In order to make sure that all injuries sustained during the accident are properly documented and treated it is recommended that follow-up appointments are scheduled with your doctor for a complete evaluation.
Hurt in an Accident? Hire Maguire
Give us a call for a FREE & CONFIDENTIAL Case Review*Our Motorcycle Crash Lawyers Provide You SupportÂ
Experienced motorcycle crash attorneys help clients throughout the entire legal process surrounding their personal injury claim. As soon as you contact Maguire Injury Law Firm to learn about your legal options regarding your motorcycle crash lawyers, you will be offered an initial consultation at no charge to review your case and determine what may be possible financially.Â
The first meeting is important because it allows you to understand what your rights are and important details about the potential value of your claim. In addition to reviewing your case and determining the best course of action, motorcycle crash attorneys will also:
- Collect and review all information related to your motorcycle accident
- Deal with insurance company contacts and correspondence
- Advocate for you if there is bias towards motorcyclists
- Negotiate a reasonable settlement for your injury
- If necessary, they’ll take your case to trial
Your Consultation and Case Evaluation*
Maguire Injury Law Firm offers an initial consultation at no charge, that’s when you will receive:
- An overall review of your potential legal choices
- Information about possible compensation you are eligible for
- Answers to your questions
- Explanation of South Carolina law
- Assistance in understanding what’s needed in order to pursue a claim as part of a Personal Injury Lawsuit or Wrongful Death Claim
Navigating Insurance Claims
Navigating an insurance claim (and working with insurance companies) is typically difficult. In some instances, an insurer, another party, etc., will make assumptions regarding a motorcycle rider’s behavior which makes the evidence used to determine who is at fault in the accident particularly significant.
Your experienced attorney understands this and will be able to guide you through the insurance claim process as smoothly as possible. They will step in to:
- Handle all communication with the insurance claims adjuster
- Challenged the insurance company’s determination of fault on your part
- Present documentations showing the extent of your injuriesÂ
- Send a demand letter to the insurance company
- Negotiate for you a reasonable resolution to your claim
What is Causing Motorcycle Crashes in Myrtle Beach?
Motorcycle accidents in Myrtle Beach are caused by several types of situations including:
- Motorist turning left into the path of a motorcycle
- Motorcyclists entering the travel path of other vehicles
- Unsafe lane changes by vehicles
- Failing to yield
- Excessive speed
- Bad weather conditions
- Operating under the influence of alcohol/drugs
- Loss of control by motorcyclists while on public roadways
- The biggest problem with visibility when it comes to motorcycles is that other drivers will either forget to check their blind spots, or simply fail to notice a motorcycle on the road.Â
Intersections have been identified as hazardous locations due to motorcyclists being much smaller than automobiles and therefore easily missed by automobile drivers. The South Carolina Department of Public Safety has specifically advised motorists to always “look twice” for motorcycles when approaching an intersection; never turn directly across an approaching motorcycle; and check their blind spot(s) prior to making a lane change.
In addition to the above listed examples, high volume traffic due to tourism increases the possibility of an accident occurring. There are a lot of people on our roads that are unfamiliar with them and accidents happen. These all add up to contribute to increased potential for a collision.
Knowing what typically occurs prior to a crash may allow you to take precautions and be more aware of your surroundings while riding. Even though being extremely cautious does not preclude a person from becoming injured due to someone else’s actions, the significance of receiving proper legal assistance in those cases cannot be overemphasized.
Proving Liability After a Motorcycle Crash
The injured party (claimant) typically has to prove their legal fault in causing the accident; that the injuries they sustained were caused by the accident; and that there are damages that they have suffered as a result of this accident for which they should be compensated. If there is an automobile liability policy covering the vehicle involved in the accident, then it would be possible for the injured party to pursue a claim with that driver’s liability insurance carrier. An important part of establishing fault is showing negligence by the motorist involved.Â
To show negligence you typically need to collect all of the evidence so you can see the facts surrounding your case. This includes witness statements, police reports, medical records of your injuries, any pictures or videos from the accident scene, covering the damage done to the vehicle and your bike and sometimes an accident scene reconstruction expert is hired to assess the facts of the case.Â
Their job is to do a deep dive into all the facts and evidence in your case including things like hazardous road surface conditions. The road surface may have contributed to the accident and therefore establishing what road condition existed prior to the accident could also be very important. Once they’re done then they provide your motorcycle accident attorney with an unbiased report of their findings.
Hurt in an Accident? Hire Maguire
Give us a call for a FREE & CONFIDENTIAL Case Review*Types of Recoverable Damages in a Motorcycle Accident Claim
Types of recoverable damage in a motorcycle accident claim can be divided into several categories. There are two primary categories of damages that may be pursued by individuals injured as a result of their involvement in an automobile accident: economic damages (which include past and future medical bills, cost of rehabilitation, and lost wages) and non-economic damages (such as pain and suffering, mental anguish, and loss of enjoyment of life).
A fatal motorcycle collision may be subject to an action by the deceased’s statutory beneficiaries to recover damages under a wrongful-death statute (the “wrongful-death” claim) and also to an action for those loss elements that the deceased experienced before he/she died (the “survival” claim).Â
Wrongful Death Claims will typically be brought on behalf of the statutory beneficiaries to recover for qualifying losses such as the loss of companionship and financial support. In addition to Wrongful Death Claims, Surviving Beneficiaries or Estate Representatives of the deceased may also file a Survival Claim to recover for qualifying medical expenses and conscious pain and suffering that were incurred prior to death.
These examples demonstrate the value of your attorney. They will be able to identify possible avenues for recovery and legal claims in order to assess all of your options based upon the facts of the matter.
Calculating Fair Settlement
When attorneys work with insurance companies to settle claims, they consider many things. Some of these include:
- The extent of injuries suffered by the victim.
- Any emotional trauma or pain experienced as a result of the injury.
- Damage to property resulting from the motorcycle accident.
- All medical costs associated with treatment.
Attorneys may consider relevant verdicts and other information when evaluating a potential settlement, along with the facts, damages, insurance coverage, and legal issues specific to the case. Your attorney at Maguire Injury Law will review documentation for all of your claimed damages, expenses you have incurred, projected future loss, insurance coverage and any additional relevant information prior to making any recommendations of if you should or shouldn’t settle with the at-fault party.
Understanding Motorcycle Wrongful Death ClaimsÂ
Motorcycle Accident Victims’ Families could be entitled to compensation through wrongful death claims. Unfortunately, wrongful death claims related to motorcycle accident deaths are among the most difficult to pursue, yet they are one of the few ways that families who have suffered the loss of a loved one as a result of a motorcycle crash may be able to achieve some measure of justice for their loss. The types of damages which may be recoverable in wrongful death lawsuits include:
- The loss of companionship with the deceased
- The funeral/burial costs associated with the deceased
- Medical bills or other medical expenses incurred by the deceased prior to his/her passing
- Lost earnings (the value of the contributions the deceased would have made to his/her family had he/she lived)
- For those who survive the decedent, pain and suffering caused by the loss of their loved one.
Wrongful death settlement amounts vary greatly depending on numerous factors including location, extent of liability, severity of injuries etc. Maguire Injury Law Firm recently secured a $3 million jury verdict in a motorcycle crash lawsuit. The success of your claim will ultimately depend upon the specifics of your individual circumstances and applicable laws. Every case is different, and past results do not guarantee a similar result or outcome.
A personal injury attorney with wrongful death experience can assist your family in evaluating and filing for available damages under South Carolina wrongful-death and survival statutes when a loved one dies as a result of someone else’s reckless behavior.
Understanding South Carolina Motorcycle Accident Laws
Motorcycle accident laws in South Carolina are designed to protect victims and ensure they have the opportunity to seek compensation. The statute of limitation for personal injury claims in South Carolina is usually three years from the time the injured party knew or should have known of their claim. Statutes of limitation vary depending on circumstances, so the amount of time you have may be different. This time frame is crucial for ensuring that claims are made promptly.
The state follows a modified comparative negligence rule, allowing victims to recover damages even if they are partially at fault. However, their compensation will be reduced by their percentage of fault.Â
Comparative Fault affects your claim recovery. Comparative fault could prevent an injured person from recovering damages (completely) or it could reduce damages recovered by the plaintiff. Therefore, determining who is at fault in an automobile accident case affects the potential for a successful lawsuit claim.
In South Carolina, motorcyclists are required to carry minimum insurance coverage, which includes $25,000 per person in bodily injury liability and $50,000 per accident in bodily injury liability. Understanding these laws and insurance requirements is essential for navigating the legal landscape after an accident.
Hurt in a Motorcycle Accident in Myrtle Beach? Call UsÂ
A Myrtle Beach motorcycle attorney is important for several reasons. If you or someone you know has been injured in a motorcycle accident you may be entitled to monetary damages for your injuries. In addition, at the Maguire law firm we offer all prospective clients a complimentary consultation with an attorney so that he/she can discuss their personal injury claim and advise them as to their legal options. You can contact our firm 24 hours a day, seven days a week. Â
Hurt in an Accident? Hire Maguire
Give us a call for a FREE & CONFIDENTIAL Case Review*You can get started today either by contacting us via email through our website or simply by calling us directly. Once we have started working together you will be able to begin focusing on recovering from your injuries and we will take care of the many details associated with processing your motorcycle accident
Frequently Asked Questions
Why is it important to hire an experienced motorcycle accident lawyer?
A serious motorcycle wreck is typically not limited to simply establishing which party was at fault for the wreck. Other issues may arise in the course of evaluating your claims such as the availability of insurance coverage, the impact of “comparative fault” (your level of responsibility) on your entitlement to recover money, the nature and scope of your injuries, your potential future medical expenses, lost wages, and/or other forms of damages permissible under the laws of South Carolina.
The attorneys at Maguire Injury Law Firm will investigate the circumstances surrounding the wreck, collect and preserve any physical evidence available from the scene, obtain copies of all reports filed by the investigating officer(s), gather medical records related to treatment you have received due to the wreck, identify all potentially responsible parties and their respective insurance coverage, and deal directly with your insurer(s) on your behalf. In addition, when necessary, our attorneys may utilize services of accident reconstructionists, doctors/medical providers, etc., and other professional experts to assist in analyzing disputed issues related to liability and damages associated with your claim.
Additionally, motorcycle wrecks often raise questions regarding whether the motorcyclist was somehow responsible for the wreck occurring. As discussed earlier, South Carolina has a system of comparative negligence; therefore, the portion of responsibility assigned to an injured motorcyclist could limit the total recovery available. The attorneys at Maguire Injury Law Firm are able to analyze these types of issues and assist in developing evidence that supports both liability and damages in connection with your claim.
While hiring an experienced motorcycle wreck attorney does not ensure you will receive a specific settlement or result; what hiring us will do is provide you with competent counsel, conduct a thorough investigation of your wreck, and represent you throughout this process to discuss and pursue your potential claims for compensation permitted under the laws of South Carolina.
What should I do immediately after a motorcycle accident?
Your primary responsibility after a motorcycle wreck is your own health & safety, as well as receiving proper medical treatment. As long as it can be done without putting yourself in further danger, you should get out of harm’s way and call 911 for assistance.
In South Carolina, drivers who are involved in a vehicle collision that causes either personal injury or death must provide immediate notification to the police department (or other appropriate law enforcement agency) of their involvement. Additionally, there may be additional written reports required by the state to be completed with respect to the accident, depending upon whether law enforcement has investigated the collision. However, there may be additional reporting requirements based upon the specific details of the incident.
In addition, you should take the following steps:
Obtain medical care, regardless of whether you believe your injuries are minor or major. The nature and severity of some injuries may not be apparent until hours or days have passed since the time of the accident. Medical documentation will serve to illustrate the type of injuries sustained as well as when they were suffered.
Collect information from everyone involved in the accident. Getting the name, contact information (telephone number, address), make/model/year of all vehicles involved, and insurance information from each motorist/vehicle involved in the crash.
Photograph/video record the accident scene. Be sure to get the motorcycles, and any other vehicles involved in the crash, including license plates, damage to each vehicle, roadways, traffic signs/signals, skid marks, debris, and visible injuries (or any other damage) to people and/or property that may help illustrate what happened during the crash.
Gather witness statements, with their name(s), telephone numbers(s), and addresses.
Save damaged riding equipment/gear, clothing, your motorcycle, photos/videos, medical documents/bills/receipts.
Do not argue over who was responsible for causing the crash at the site of the accident, nor assume who is at fault prior to conducting an investigation into what actually transpired.
Call us. At Maguire Injury Law Firm we can review the specifics surrounding your motorcycle accident, assist in preserving relevant evidence, provide guidance regarding applicable insurance policies and explain your potential avenues for recovery under South Carolina law.
Exercise extreme caution before providing a taped or verbal statement to an insurance representative for another person’s insurance company prior to understanding your rights and how such a statement may negatively impact your potential for recovering damages.
South Carolina uses the Modified Comparative Fault rule. Therefore, every person involved in a wreck may have an effect on their share of liability as well as their total recoverable damages.
How can a motorcycle accident attorney help with insurance claims?
A motorcycle accident attorney assists you in submitting insurance claims by being involved in the process beyond just providing information regarding your motorcycle accident. The issue of who was responsible for the motorcycle accident, which insurance policy applies to your motorcycle accident (if multiple), the extent of injury sustained during the motorcycle accident and if future medical treatment will be required, as well as what damages are recoverable based upon the laws of South Carolina, may all come into question.
Maguire Injury Law Firm can assist you in reviewing any available insurance policies and act on your behalf in communicating with your insurance company. We will begin gathering any relevant documentation to support your injury and economic loss from the motorcycle accident, and assessing settlement offers against the factual background of your case.
Additionally, we can assess whether there exist other potential insurance coverage to consider in addition to the primary insurance coverage available. For example, in cases where it is deemed appropriate, we can investigate the applicability of uninsured or under-insured motorist coverage.
In situations wherein the insurance company disputes either; the responsibility for the motorcycle accident, the extent of comparative fault of one party versus another, the cause of injury, or the total amount of damage claimed for personal injury, we can evaluate these areas and provide any evidence to support your position.
While no attorney can assure you that an insurance company will accept your claim, or pay out a specific dollar amount for your claim. We represent you, provide explanations relative to your options and work towards obtaining compensation available under the terms of the applicable insurance policy and the laws of South Carolina.
What types of damages can I recover in a motorcycle accident claim?
Damages that may be recovered as part of a motorcyclist’s claim for a motorcycle accident in South Carolina include those related to medical expenses, lost wages/Loss of earning capacity, Property damage (to the bike and/or other personal Property), Pain & suffering, mental anguish/emotional distress, physical impairment/disfigurement, Loss of enjoyment of life due to injury sustained in the accident, and Loss of consortium (in limited situations where there is a demonstrable impact on the marital relationship).
Damages may include:
- Reasonably incurred medical costs related to the accident (past and potentially future).
- Wage Loss (lost earnings) and/or reduced wage potential due to ongoing disability/inability to perform job duties.
- Loss/damage to the motorcycle and/or other personal Property damaged during the incident.
- Physical pain and suffering associated with injuries received in the accident.
- Effects on daily functioning/mobility caused by injuries received in the accident.
- Mental anguish/emotional distress when demonstrated by the circumstances and evidence.
- Physical impairment/disfigurement resulting from the injuries received in the accident.
- Reduced/enjoyment of activities due to injuries suffered in the motorcycle accident.
- Harm to the marital relationship (as it relates to Loss of companionship).
Statutory limits apply to the amount of punitive damage that can be awarded in certain cases where it is demonstrated by clear and convincing evidence that the defendant acted willfully/wantonly/recklessly.
At Maguire Injury Law Firm, we evaluate your documented losses, the effect of your injuries on your daily life, applicable insurance coverage, and the evidence supporting your claim for compensation under South Carolina law.
What are the key South Carolina motorcycle accident laws I should be aware of?
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What are the most common and critical South Carolina motorcycle accident laws you need to know about?
In general terms, South Carolina’s motorcyclists have the same legal rights and duties as all other drivers; however, there are some special rules related to motorcycle accidents which could become relevant when determining how your claim should proceed.
These laws include:
Motorcycles are entitled to occupy a full travel lane. Generally speaking, no vehicle is allowed to take away a motorcycle’s right to fully utilize its designated travel lane. Lane-splitting, where a motorcyclist passes a vehicle traveling in the same direction in the same travel lane, is prohibited in South Carolina. However, two motorcycles can safely ride next to each other in a single travel lane.
Approved helmets are mandatory for riders and/or passengers under the age of 21. Additionally, since a motorcycle operator under the age of 21 is required to wear an approved protective helmet, he/she is also required to wear an approved pair of eye protectors, unless the motorcycle has a windshield with sufficient height to meet the state’s windshield qualification standards.
Regarding passengers and equipment, a motorcycle that carries a passenger, must be manufactured to accommodate such a passenger. Passenger footrests are also necessary on motorcycles that transport passengers, except when passengers are riding in a sidecar or an enclosed cab. All motorcycles must also be equipped with a rearview mirror providing satisfactory rearward visibility.
All injuries and fatalities resulting from a crash must be reported. The driver of any vehicle involved in an accident resulting in injury or fatality is obligated to report the incident immediately to law enforcement. In cases where a qualifying crash was not investigated by law enforcement, the driver involved in the crash may still be required to complete written reports, depending upon the particular circumstances surrounding the crash, and may be required to submit reports directly to the Department of Motor Vehicles within 15 days of the accident.
South Carolina follows modified comparative negligence. For example, if the injured motorcyclist caused part of his/her own injury through their actions/omissions prior to the occurrence of the motorcycle accident, the extent to which they were at fault may reduce any monetary award received due to their negligent actions. Under this system, if a plaintiff’s degree of responsibility for their injury exceeds 50%, he/she may likely face challenges recovering compensation via a negligence-based lawsuit.
South Carolina automobile liability policies typically contain the following minimum liability limits: $25,000 per individual person for bodily injury; $50,000 for bodily injury to multiple persons involved in one accident; and $25,000 for property damage. Uninsured motorist coverage is required, whereas underinsured motorist coverage must be offered, but is optional. PIP coverage is not required by law in South Carolina.
While traffic citations and fines may serve as evidence supporting your position in a motorcycle accident case, they do not necessarily establish who was liable for the collision. Ultimately, liability depends on the actions and omissions of every party involved in the motorcycle accident; whether the acts of others caused injury; availability of proof; comparative fault; and the unique specifics of the accident itself.
Maguire Injury Law Firm can evaluate your motorcycle accident; applicable traffic laws; insurance policy(s); and available evidence to help identify potential claims and possible avenues of recovery based upon South Carolina law.
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