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Motorcycle Accidents

The Carolina Law Group > Personal Injury Law > Motorcycle Accidents

South Carolina Motorcycle Accident Lawyer in Greenville, SC: South Carolina motorcycle accidents and injuries have increased every year from 2001 to 2007, and there is no indication that this has decreased. In terms of casualties, motorcycle accidents result in approximately 400 deaths per year, and account for approximately 8 percent of all traffic fatalities in the State of South Carolina. Clearly, shown from these statistics, South Carolina has an unfortunate problem when it comes to motorcycle accidents. If you have been involved in a motorcycle accident in South Carolina, whether as a biker, driver, or pedestrian, you might be able to recover compensation for injuries sustained from the accident. Our South Carolina motorcycle accident lawyers serve Greenville, West Greenville, Greer, and the rest of the metro area, as well as all around the State of South Carolina. If fact, Matt and Nihar tried a motorcycle accident case in Oconee County for an accident in Seneca, SC, and obtained approximately 3 times what the at fault driver’s insurance company had offered. If your claim is denied or not taken seriously, our lawyers will fight for you.

Negligence and Recklessness are a Common Basis of Liability in Motorcycle Accidents in the State of South Carolina

Negligence and recklessness, like in car accidents, are a common basis of liability in motorcycle accidents. In layman terms, negligence speaks to general carelessness or irresponsibility. According to court rulings, negligence is when a party breaches a duty owed to another individual that is both the actual and proximate cause of injuries suffered by the non-breaching party. In other words and to be specific with motorists, operators of motorcycles and vehicles have a duty of safe driving, regardless of whether the vehicle is a car, truck, or motorcycle. This duty can be violated by illegal speeding or going too slow; swerving between lanes; not using required signals; not following traffic signals; and, unfortunately, driving while under the influence of drugs or alcohol. If the breach of one of these duties can be proven to be both the actual and proximate cause of injuries suffered by a non-breaching motor vehicle operator, cyclist, pedestrian, and property owner, then the breaching party is liable and the non-breaching party can recover compensation for any damages sustained. Contact our knowledgeable South Carolina motorcycle accident lawyers for more information and for a free consultation to evaluate your case.

Who is Most Likely to Blame for Accidents: Drivers or Motorcyclists?

It is unfortunate, but insurance companies routinely argue a negative, false stereotype of motorcyclists that they are reckless, maneuver in and out of lanes, drive too fast, and “come out of nowhere,” which, of course, is actually impossible and simply a bias against motorcyclists. The fact of the matter is that drivers of cars are responsible for the majority of critical motorcycle accidents that result in injuries and even death. The cause of many motorcycle accidents is that other vehicles do not yield the right of way to the motorcyclist when they should have. Common examples of this include when a car or truck driver pulls out from a side road in front of an oncoming motorcyclist either by not paying attention or somehow expecting the biker to yield its right of way to them (even though the motorcyclist had the right-of-way); drivers of cars changing lanes improperly; and drivers that turn left across oncoming traffic directly in front of a motorcyclist. Furthermore, cell phones play a very large roll in distracting drivers these days, and the problem has only increased despite the criminalization of such activity. Cell phone-caused accidents are, unfortunately, a fast growing problem. Cell phone use is estimated to be a causal factor in approximately 26 percent of all motor vehicle crashes. It is important to note, though, cell phone use is underreported for a few reasons. The National Safety Council reports that current number approximations on cell phone-induced car accidents are inexact because of the following:

  • Law enforcement often rely on freely given admittance of cell phone usage, which is not common due to drivers not wanting to admit to being at fault in most cases, and most individuals go out of their way to hide the truth in hopes of avoiding punishment;
  • Witness memories are often unreliable, or even dishonest if they were the passenger of the cell-phone user;
  • Investigating cell phone use may seem meaningless to the police if cell phone use is not illegal in their jurisdiction (it is illegal to text while driving in South Carolina but it is still legal to use a hand held phone to talk);
  • Accident reports may not be updated even after it is later found in court that a cell phone was a leading causal factor to the accident (contributing to inaccurate national data);
  • Even if a cell phone record is acquired, the data must exactly align with the exact moment of the accident. The precise moment of the crash is rarely known, and a cell phone record would not indicate an unfinished text that the driver was working on at the time of the accident and did not send.

However, if you think that a driver hit you because they were distracted by a cell phone, which is a very likely scenario, an experienced lawyer can help you prove this in court by obtaining records and speaking with witnesses. We will work to prove that the driver was liable for their reckless actions, and that their choice of being distracted led to your injuries or your family member’s wrongful death.

Even if you weren’t hit be the car, but had to put your motorcycle down to avoid a more violent collision, we will fight for you. We have successfully tried a case to a jury in the Upstate where a limo driver pulled out of a private drive and cut off our client who was on a motorcycle and doing absolutely nothing wrong. Thankfully, our client was able to react within a split second and take his motorcycle to the ground to avoid striking the limo. This still left him with serious and severe injuries and damages, but he was fortunate to survive. We can help you preserve and collect evidence, and we have worked with some great accident reconstruction experts in motorcycle cases where the other driver will not take responsibility.

Motorcyclists in South Carolina Have the Exact Same Rights and Responsibilities as Other Motorists

It is important that residents of the State of South Carolina understand that motorcyclists in South Carolina have the same rights and obligations as other motor vehicle operators. With regards to rights, for example, motorcyclists have the right to use a full lane of traffic. With regards to responsibilities, motorcyclists are to refrain from riding between lanes of traffic (e.g. riding along the yellow line between two vehicles).

You May Be Able To Recover Compensation for Damages Suffered During Your Motorcycle Accident in South Carolina

All drivers on South Carolina’s roads are obligated to offer others a duty of care. In other words, drivers must function in a certain way that does not put others at risk of being harmed. When a driver fails to observe this duty of care, the injured party may be able to file a motorcycle accident claim in order to recover compensation.

The Carolina Law Group, as previously stated, is ready and willing to help you get compensation for your accident. We are qualified and experienced personal injury lawyers. Our motorcycle accident lawyer know every step to take and can advise you on the appropriate course of action to take. Contact our office today to start the process of your getting justice!

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