When you need a Myrtle Beach motorcycle accident lawyer, the Maguire Law Firm is here to represent you. We can represent you in claiming financial compensation when you’re the victim of an accident.
Motorcyclists have important rights. At Maguire Law Firm, we’re proud to be lawyers for motorcycle accident victims in Myrtle Beach. Contact us at (843) 417-9978 or send us a message through our website today.
Lawyers for Motorcycle Accident Injuries
Motorcycle accidents claimed 123 lives in South Carolina in 2019. (South Carolina Department of Public Safety). Thousands more are injured each year.
Our lawyers for motorcycle accident injuries can help you receive compensation for the harm that you have endured. Many people underestimate what their claim is truly worth. We have a strong history helping motorcyclists receive fair compensation for their damages. We want to help you make your claim a success.
What compensation can I receive for a motorcycle accident claim?
Motorcycle accident victims may receive a payment for their economic and non-economic damages. These damages cover a range of categories and kinds of losses, including:
- Current and future medical bills
- Mobility devices like wheelchairs, scooters and crutches
- Prescription medication
- Lost income, damage to career and reputation
- Pain and suffering
- Mental health injuries like depression, anxiety and flashbacks
- Emotional anguish
- Loss of society and companionship, loss of consortium
- Other damages
Think about all the ways that you suffer because of a motorcycle accident. Many of your losses are financial, like medical bills and missed work. However, the damage to you goes far beyond that. South Carolina law protects motorcyclists by allowing them to claim compensation for all the ways that they are damaged from a motorcycle accident.
Sometimes, punitive damages may also be claimed. Punitive damages don’t compensate the victim for any particular losses. Instead, they are in addition as a punishment for the defendant for extremely dangerous behavior that caused an accident.
What is a motorcycle accident claim?
A motorcycle accident claim is a demand for financial compensation from the party responsible for the accident. When you are hurt because of another party’s negligence, you may claim compensation for your losses. Negligence is a lack of ordinary care. A traffic violation that results in an accident may be enough for another party to be legally liable to a motorcycle accident victim for damages.
Laws that Apply to Motorcycle Accident Claims
For the most part, motorcyclists are treated the same as other vehicle operators on the road. Drivers must leave space for motorcycles and allow them to use the roads. Some of the laws that apply to motorcycle accident claims are:
- Motorcyclists have the right to use the road, including full use of a lane. Other vehicles may not push them off the road
- Motorcyclists have the same duties as others on the road, unless there is a special rule for motorcyclists
- It’s okay for motorcyclists to ride two side-by-side
- Lane splitting is not permitted. That’s when a motorcyclist drives between and around stopped or slower traffic
- Drivers over 21 may ride without a helmet
- A rider must ride on the permanent and regular seat. There must be a seat for a second person if they are going to ride on the same bike
- Riders must keep both hands on the handlebars
(Source: SC Code Article 29 – Motorcyclists; Rights and Duties Thereof)
How do you get a motorcycle accident settlement?
To get a motorcycle accident settlement, you must identify who has legal fault and bring a claim. Many times, you may resolve the case by filing an insurance claim. It may be necessary to file a lawsuit.
Most motorcycle accident lawsuits resolve by an agreement or settlement – but there are important things to do to receive a fair amount. You must prove who is at fault for the accident, prove the damages that you have and the fair amount of those damages.
Grounds for motorcycle accident compensation
Some grounds for motorcycle accident compensation are:
- Turning in front of a motorcyclist
- Not allowing a motorcyclist full use of their lane
- Trying to stop a rider from lane sharing
- Leaving too little room for motorcyclists on the road
- Driving too fast for conditions
- Not giving the motorcyclist the right of way
- Drunk driving, driving under the influence of alcohol or drugs
- Distracted driving, driving while tired or fatigued
- Poor training and monitoring of commercial drivers
- Dangerous road conditions and poorly designed roads
- Manufacturing defects and vehicle failure
The driver may be liable for their negligence. There may be other parties and causes behind the scenes that may not be as clear. For example, an employer may be liable for what their workers do. An employer may be liable for hiring an unqualified worker or poorly training them.
Understanding the grounds for motorcycle accident compensation can be complex. Too many victims assume that there is no way to claim compensation. Our team goes further to investigate the true cause and who may have legal liability to pay compensation.
How much compensation will I get for a motorcycle accident?
The best way to know what you will get for a motorcycle accident is to meet with our team for a consultation. There is no one set amount for every case. The more serious your injuries and losses, the more compensation you deserve.
Factors that impact the compensation you will get for a motorcycle accident are:
- The cost of medical care
- Whether your injuries prevent you from working
- The severity of pain and suffering associated with the accident
- Shared fault/comparative negligence
- Causation between the accident and injuries
- Mental health injuries
- Permanent disfigurement
- The conduct of the defendant and whether punitive damages are appropriate
There are a lot of things that may impact the amount you receive for your case. Our lawyers know what to do build your claim and maximize your compensation.
Common motorcycle accident injuries
Typical injuries that you may include in your motorcycle accident claim are:
- Traumatic brain injury (TBI), concussion, skull fractures
- Spinal cord injury, nerve damage and paralysis
- Broken bones, broken ribs
- Internal injuries, organ damage and bruising
- Road rash
- Whiplash
- Disfigurement, amputated limbs
- Bleeding and lacerations
Damages must be proven with medical documentation. The cost of future medical care may be included.
Can you still bring a claim if you weren’t wearing a helmet at the time of the accident?
In South Carolina, it’s not required to wear a helmet unless you’re under the age of 21. Still, you might wonder if your choice not to wear a helmet impacts your right to receive compensation after an accident. The answer is no.
Motorists have a duty of care to others on the road – including motorcyclists – regardless of whether the motorcyclist is wearing a helmet.
Their duty of care doesn’t change just because you weren’t wearing a helmet. Failing to wear a helmet is not contributory negligence in a motorcycle accident claim.
(Source: Mayes v. Paxton, 437 S.E.2d 66 (1993).)
Our lawyers can help you respond to any allegations of contributory negligence, including if they are trying to make an issue of you not wearing a helmet. Even if you were under 21 at the time of the accident and not wearing a helmet, you may still receive significant financial compensation.
Wrongful Death Motorcycle Accident lawyers
A wrongful death claim may be based on a motorcycle accident. If you have lost a loved one because of a motorcycle accident, we invite you to reach out to our team of professional lawyers. We’re prepared to help your family honor your loved one by fighting for justice.
Motorcycle Accident Lawyers Near Me
At Maguire Law Firm, we are motorcycle accident lawyers representing clients in Myrtle Beach, Horry County and throughout South Carolina. Our law firm offers the following for each client:
- Success for a client requires knowing the laws and legal procedure. We know them thoroughly.
- We know how to present your case and ensure that you receive fair treatment.
- Aggressive representation. Honors from Best Lawyers, Multi-Million Dollar Advocates Forum and Martindale Hubbell reflect the aggressive representation we offer for every client.
- Representing our community members is our life’s work. We believe helping you receive the compensation you deserve makes our community a better place.
We represent residents and visitors to our community when they are hurt in motorcycle accidents.
Taking New Cases – Schedule a Consultation
Schedule a consultation with our lawyers today. We’re only a call or click away. Reach out by calling (843) 417-9978 or send us a message through our website.
