Charleston Motorcycle Accident Lawyer

Motorcycle accidents can change lives instantly, often leading to significant physical, emotional, and financial challenges. If you or a loved one has sustained injuries in a crash, it is crucial to seek the assistance of an experienced Charleston motorcycle accident lawyer.

At Hopkins Law Firm, our team of dedicated Charleston personal injury lawyers is committed to working tirelessly on your behalf to protect your legal rights and ensure you receive the compensation you deserve for your injuries and losses.

We have over two decades of combined experience that we can apply to your claim. You can rely on us to help with insurance negotiations or a personal injury lawsuit against the responsible party.

Why Motorcycle Accident Victims Need a Skilled Lawyer

Having an expert motorcycle accident lawyer on your side can significantly influence the result of your case, safeguarding your rights and enhancing your chances of receiving adequate compensation.

A seasoned Charleston motorcycle accident attorney will:

• Navigate you through the intricacies of the legal system
• Collect evidence to bolster your claim
• Negotiate with insurance providers on your behalf
• Represent you in court if needed

With a knowledgeable lawyer supporting you, you can concentrate on your recovery while we manage the legal aspects of your case. We’re here to explain what happens in a motorcycle accident and the steps you can take afterward. 

Our experience managing motorcycle accident claims offers you peace of mind, knowing that we are committed to your best interests at every stage.

How Can Our Charleston Motorcycle Accident Attorneys Assist You?

Our Charleston motorcycle accident lawyers gather evidence to support your claim by examining the crash’s details. We may collaborate with accident reconstruction experts for essential insights.

It’s essential to demonstrate your current and future needs and non-economic damages, which may involve specialists like:

• Healthcare professionals
• Vocational rehabilitation specialists
• Lifecare planners
• Economists

Their testimonies and evidence strengthen your case for insurers or court proceedings, potentially covering medical bills, lost income, repairs, and pain and suffering.

Early legal engagement enhances the likelihood of favorable compensation by ensuring timely access to police reports, medical records, and witness statements. Quick action is vital due to claim deadlines.

The sooner you work with our attorney, the sooner you can focus on recovery.

Compensation You Can Receive After a Motorcycle Crash

The effects of a motorcycle accident go beyond just physical injuries—they can also cause significant financial disruption in a person’s life. Although monetary compensation can never completely eliminate the pain and suffering from an accident, a successful personal injury claim can provide the funds needed to begin rebuilding your life.

Compensation in a motorcycle accident claim might include payment for:

Medical Expenses

You could get funds to cover hospital stays, surgeries, and ongoing rehabilitation costs necessary for recovery. Additionally, you may receive compensation for essential medical supplies after the accident, such as medications, wheelchairs, or walkers.

Lost Pay

We can take steps to secure reimbursement for any income you lost due to taking time off work for recovery. If your injuries cause a long-term or permanent reduction in your ability to earn, you may receive compensation for your reduced earning capacity.

Property Damage

You may qualify for compensation for repairs or replacement of your motorcycle and any other personal belongings damaged in the accident. Your motorcycle accident attorney in Charleston can calculate these losses. 

Pain and Suffering

Besides tangible losses, personal injury claims in motorcycle accidents also account for non-economic damages, which are more complex to measure but just as important. For example, you could get funds for the physical discomfort and pain experienced during and after the accident.

We may also bring you compensation for your emotional distress and mental anguish.

Punitive Damages

The court may award punitive damages in rare cases where the at-fault party’s actions are particularly outrageous. These damages do not aim to compensate the victim but rather to punish the offender and discourage similar negligent or malicious behavior in the future.

Common Causes of Motorcycle Accidents

In the United States, motorcycles make up 3% of all registered vehicles, according to the National Safety Council. Many motorcycle riders wear helmets, follow the rules of the road, and take other precautions when riding their bikes, but they still end up in collisions.

There are many reasons why motorcycle accidents occur, such as:

Speeding

Speeding is a prevalent cause of all vehicular accidents, including motorcycle crashes. The higher the speed, the more severe the impact in the event of a collision.

High speeds diminish a driver’s ability to perceive and react to obstacles or changes in road conditions, dramatically increasing the risk of accidents.

Left Turns

Accidents often occur during left turns when a motorcyclist or another driver fails to yield the right of way or misjudges the time needed to complete the turn safely. These collisions can be hazardous for motorcyclists, who are less protected than car passengers.

Lane Changes

Their smaller size allows motorcycles to easily disappear into a vehicle’s blind spot. Accidents can happen when drivers change lanes without properly signaling or checking for motorcycles.

These collisions can be mitigated by encouraging drivers to double-check their blind spots and signal intentions early and educating motorcyclists on safe positioning relative to other vehicles on the road.

Car Doors

“Dooring” accidents occur when someone opens a car door in the path of an oncoming motorcyclist. This type of accident is more common in urban areas where parking along busy streets is prevalent.

Both riders and drivers must be vigilant. Drivers should always check for approaching traffic before opening their doors, and riders should be cautious when riding near parked vehicles.

Lane Splitting

In South Carolina, as in many states, lane splitting is illegal. This practice involves riding between lanes of slow-moving or stopped traffic.

While it might be tempting to bypass traffic jams in this way, lane splitting is dangerous and can lead to accidents, as drivers may not anticipate a motorcycle moving between lanes. Awareness campaigns can help educate riders on the legalities and dangers associated with lane splitting.

Driving Under the Influence

Operating any vehicle under the influence of alcohol or drugs is not only illegal but also extremely dangerous. Impairment significantly reduces a driver’s reaction time and decision-making abilities, increasing the risk of severe accidents.

Enforcement of DUI laws and public education on the dangers of impaired driving are critical to preventing these life-threatening incidents.

Defective Motorcycle Parts

Sometimes, accidents are caused not by rider or driver error but by defective motorcycle components. Manufacturers may hold liability if a poorly designed or manufactured part leads to an accident.

Riders should regularly maintain their motorcycles and promptly address any recalls of motorcycle parts, which can be vital in preventing accidents.

Sudden Stops

Rear-end collisions can result from following too closely or tailgating. Motorists and motorcyclists must maintain a safe following distance to provide proper time to react if the vehicle in front stops suddenly.

As you can see, driver negligence is the main cause of many motorcycle accidents. Educating all drivers about the importance of this safety measure can help reduce the frequency of these collisions.

Steps to Take After a Motorcycle Accident

Accidents can happen unexpectedly, leaving you confused and uncertain about what to do next. In the immediate aftermath of a motorcycle accident, your primary concern should always be your health and safety.

If the accident site is dangerous, perhaps due to debris or ongoing traffic, relocate to a safe area as soon as possible. Remember, you cannot help yourself or others if you are in danger.

Here’s what you should do next if you find yourself in a motorcycle accident in Charleston:

Check for Injuries and Seek Medical Attention

Immediately assess yourself and others for injuries after an accident. If there are any injuries, promptly dial 9-1-1 for emergency medical assistance. It’s essential to receive medical help even for seemingly minor injuries, as conditions like head trauma may worsen if not treated quickly.

Exchange Information

Gather names, insurance details, addresses, phone numbers, and driver’s license numbers from all parties involved. In hit-and-run cases, remember that other forms of evidence, like security footage, may still help in identifying the responsible party and pursuing damages.

Contact the Police

For accidents involving significant damage or injuries, it’s crucial to involve the police. They will document the scene and prepare a report, which is essential for legal and insurance purposes.

Document the Scene

Record key details about the location, time, and environment. Use your phone to capture photos of the vehicles, the accident site, and any injuries. These details can be crucial for your legal case.

Consult a Motorcycle Accident Attorney

One of the most essential steps is to reach out to a specialized Charleston motorcycle accident attorney. Legal professionals can assist by:

• Collecting witness statements and police reports
• Securing medical records
• Photographing the scene
• Accessing security camera footage
• Working with experts to reconstruct the accident and examine any potential product liability
• Negotiating with insurance companies to achieve a fair settlement

Notify Your Insurance Company

Informing your insurer about the accident is necessary, but it’s wise to consult your attorney before making any statements. How you describe the accident can significantly affect the outcome of your insurance claim and any legal proceedings.

By following these steps, you can safeguard your rights and build a strong legal case, potentially resulting in adequate compensation for damages and injuries incurred in the accident.

Common Motorcycle Accident Injuries

Motorcyclists often face devastating injuries. Some of these common injuries include:

• Traumatic Brain Injuries (TBIs): Even with helmets, head injuries are common. You need prompt medical care if you believe you have a TBI or concussion.
• Spinal Cord Injuries: Injuries to the spinal cord can lead to paralysis or long-term mobility issues.
• Road Rash: Road rash represents severe skin abrasions that can lead to infection.
• Fractures: Broken bones caused by motorcycle collisions often require surgery and lengthy recoveries.
• Internal Injuries: You may sustain damage to organs that may not be immediately apparent.

Contact our Charleston motorcycle accident lawyers today if you’ve suffered these or other injuries. Our legal team can fully detail your losses and help you seek the compensation you deserve.

Establishing Negligence in a Motorcycle Accident Claim

Negligence is failing to provide the care a reasonable person would in similar situations, causing harm through careless actions. In motorcycle accident cases, proving negligence is vital for legal success.

Negligence involves four elements that we must show for a claim to succeed:

Duty

We need to establish that the responsible party had a duty of care toward the motorcyclist, such as following traffic laws to ensure safety.

Breach of Duty

Our law firm must show that the responsible party violated their duty by speeding or ignoring traffic signals.

Causation

We need to link the breach directly to the accident, proving it resulted from failing to uphold the duty of care.

Damages

Our legal team can demonstrate that the accident caused measurable damages, like medical expenses and lost wages. Expert testimony and evidence are crucial in proving these elements, emphasizing the need for a skilled lawyer.

Why You Need Our Motorcycle Accident Law Firm

Why hire us? You can turn to us for help because we know that injuries from motorcycle accidents can be traumatic, and dealing with insurance companies adds stress. We can explain the 10 dos and don’ts of motorcycle accident claims. Without legal help, many accept settlements much lower than deserved.

Having legal representation like the Hopkins Law Firm is crucial. Our attorneys vigorously protect your interests, negotiating with insurers for the best settlement. You can learn more about Hopkins Law Firm’s principles by reaching out to us today for help.

If negotiations fail, we are ready to go to court to ensure you receive fair compensation. Our main goal is your success, proven by helping hundreds of motorcycle accident victims get just compensation.

Motorcycle Laws in Charleston, SC

You must follow certain laws to legally operate a motorcycle in South Carolina. Our state requires you to have a valid motorcycle license and all the appropriate equipment before riding.

Additionally, motorcyclists under the age of 21 must wear a helmet. Failure to wear the appropriate safety gear can lead to a police stop and may increase the odds of sustaining a catastrophic injury in an accident.

Our state also prohibits motorcyclists from engaging in lane splitting. A motorcycle attorney can provide more information about the laws for motorcyclists in South Carolina.

Statistics About Motorcycle Crashes

A study has shown that South Carolina is risky for motorcyclists. In fact, in 2021, the state reported the eighth–highest mortality rate for motorcyclists in the country. In the same year, the state reported 433 total motorcycle accidents.

The 433 motorcycle crashes in 2021 resulted in 167 fatalities. 112 of the motorcyclists killed in these accidents did not have on a helmet at the time of the collision.

How Motorcycle Crashes Differ From Car Accidents

Motorcycle accidents often have more severe consequences than car collisions. Motorcyclists have fewer protections than other motorists in the event of a crash, relying on safety gear instead of protections from their vehicle.

Many of these accidents occur because other motorists simply fail to see motorcycle operators. Distracted drivers may scan the road and look right over a biker, resulting in a crash.

However, you may still qualify for fair compensation after one of these collisions. You can turn to our legal team for help building a claim right now.

Contact Us Today for a Free Consultation

If you’re searching for a motorcycle accident lawyer in Charleston, SC, don’t wait to get help. Contact Hopkins Law Firm today to schedule a free, no-obligation consultation.

We’re here to protect your rights, fight for maximum compensation, and provide peace of mind every step of the way. When you have to go to court, you want to know your lawyer will fight for you so you get the best possible outcome.

Here at Hopkins Law Firm, our team of personal injury, family law, and criminal defense lawyers has the experience and insights needed to help you present your best case. Our team has helped many clients protect their future.