After a motorcycle crash, the road to recovery can involve more than just healing physical injuries. You or your loved one may encounter mounting medical bills, insurance disputes, or challenges in determining fault for the accident. An attorney can protect your rights, help you avoid costly mistakes, and work diligently to seek fair compensation for the damages you’ve suffered.
The Law Office of Joshua P. Golson is dedicated to helping clients pursue the full compensation they deserve after a motorcycle accident. Our attorneys conduct comprehensive investigations, gathering vital evidence such as police reports, witness statements, and analyses to build a compelling case. By thoroughly evaluating the impact of the accident on your health, finances, and daily life, we ensure no detail is overlooked in the pursuit of justice.
Why Hire a Columbia Motorcycle Accident Lawyer?
One of the greatest advantages of hiring a lawyer is the comprehensive support they provide. Here’s how our Columbia motorcycle accident lawyer can assist you after a crash:
- Handle communication with insurance companies to prevent undervalued or denied claims.
- Investigate the accident thoroughly, gathering critical evidence to support your case.
- Work with experts, such as accident reconstruction specialists, to build a strong claim.
- Calculate the full extent of your damages, including medical expenses, future care needs, and lost income.
- Negotiate with the at-fault party or their insurer to pursue a fair settlement.
- Represent you in court if a lawsuit becomes necessary.
Common Causes of Motorcycle Accidents in Columbia
Motorcycles provide an exhilarating way to travel, but their smaller size and limited protection make riders especially vulnerable to accidents. Unlike drivers in cars or trucks, motorcyclists lack the safety features of larger vehicles, and their presence on the road can sometimes go unnoticed by others. These factors, combined with the actions of others or dangerous conditions, often lead to serious crashes.
Some of the most common causes of motorcycle accidents in Columbia, SC:
- Drivers distracted by phones, navigation systems, or other in-car activities who fail to look out for motorcycles.
- Hazardous road conditions, such as uneven pavement, loose gravel, or water pooling after rain.
- Vehicles traveling at excessive speeds or engaging in reckless maneuvers.
- Collisions during left-hand turns are often due to drivers misjudging a motorcycle’s distance or speed.
- Drivers that ignore traffic laws, including not yielding properly at stop signs or intersections.
- Unsafe lane changes by motorists who skip checking blind spots for motorcyclists.
- Impaired driving caused by alcohol, drugs, or fatigue.
What to Do After a Motorcycle Accident in Columbia
Your health and safety must come first, no matter what else is happening around you. Though the moments after a crash can be chaotic, taking the right steps can help protect your well-being and provide clarity in a tough situation. These actions are not only about protecting yourself physically but also about handling the aftermath in a thoughtful and effective way.
If you’ve been in a motorcycle accident, the following steps can help guide you in difficult moments:
- Get medical help as soon as possible, even if you think you are okay, since some injuries may not show symptoms immediately.
- Report the accident to the police so there is an official record of what happened.
- Take photos of the scene, including vehicle damage, road conditions, and any visible injuries.
- Collect contact details from witnesses, as their statements could be helpful later.
- Exchange insurance and contact information with any other drivers involved.
- Avoid discussing fault or details of the crash until the situation has been reviewed.
- Contact a motorcycle accident attorney to guide you through the legal process and help you understand your options.
Your health is the most important thing. By taking these steps, you’re focusing on recovery and setting a solid foundation for handling any legal or insurance-related matters that come afterward.
Injuries Commonly Sustained in Motorcycle Accidents
Riding a motorcycle offers little in the way of physical protection, placing riders at higher risk of serious injuries in the event of a crash. Without the barriers provided by cars or trucks, motorcyclists are directly exposed to the impact of collisions and the surrounding environment. This vulnerability often results in injuries that can have long-term physical and financial consequences.
Some of the most common injuries seen in motorcycle accidents:
- Traumatic brain injuries (TBI) are caused by impacts to the head, even when wearing a helmet.
- Spinal cord injuries can lead to partial or complete paralysis.
- Fractures, often in the legs, arms, or ribs, are due to the force of the crash.
- Severe road rash can result in painful abrasions and permanent scarring.
- Internal injuries, including organ damage and internal bleeding, typically result from blunt force trauma.
- Soft tissue injuries, such as torn ligaments or muscle damage.
When riding a motorcycle, wearing protective gear is one of the most important steps you can take to protect yourself. Helmets and protective clothing, such as jackets, pants, gloves, and even armored gear, can shield you from severe road rash, fractures, and other serious injuries. Investing in proper safety gear every time you ride can significantly reduce the impact of accidents and help you ride with greater peace of mind.
Who May Be Liable in a Columbia Motorcycle Accident Case?
Determining who is liable in a motorcycle accident can be a complex process. Attorneys experienced in motorcycle accident cases can conduct thorough investigations to identify all parties that may be responsible for the crash. They gather evidence, review accident reports, interview witnesses, and sometimes work with accident reconstruction experts to piece together what happened. This detailed approach helps ensure that the fault is accurately assigned and all avenues for compensation are explored.
Here are some examples of who may be held liable in a motorcycle accident:
- Other drivers who acted negligently, such as speeding, failing to yield, or driving distracted or impaired.
- Vehicle manufacturers if a defect in the motorcycle or another vehicle contributed to the crash.
- Government entities can be responsible for road maintenance if hazardous road conditions, like potholes or a lack of signage, played a role.
- Motorcycle repair shops if negligent repairs or maintenance led to equipment failure.
- Pedestrians or cyclists if they acted recklessly and caused the accident.
South Carolina follows a modified comparative negligence system, which means that fault can be shared among multiple parties. If you are found to be less than 51% at fault, you can still recover damages, but your compensation will be reduced based on your percentage of fault.
Compensation You May Be Entitled To
After a motorcycle crash, you may face financial, physical, and emotional challenges, but you could be entitled to compensation to help ease the burdens. A skilled personal injury attorney can guide you through the process, ensuring all details are managed while advocating for the fullest recovery possible. Whether dealing with medical bills or time missed from work, your attorney can help calculate and pursue the amounts you rightfully deserve. Potential types of compensation include:
- Medical expenses, including hospital stays, surgeries, medications, rehabilitation, and future medical care.
- Lost wages for time you were unable to work and, in some cases, lost earning capacity if injuries limit your ability to work long term.
- Pain and suffering account for physical discomfort, emotional distress, and reduced quality of life.
- Property damage for repair or replacement of your motorcycle and any personal belongings damaged in the crash.
- Other out-of-pocket expenses, like travel related to medical care or home modifications, may arise if disabilities arise.
Pursuing compensation after a motorcycle crash is vital to relieving the financial strain that often follows an accident. It can provide the resources needed to cover medical expenses, replace lost income, and support your family's well-being as you recover. Partnering with a skilled legal team ensures that you have knowledgeable advocates working on your behalf to achieve a fair outcome.
How the Law Office of Joshua P. Golson Can Help
After a motorcycle accident, having a dedicated legal team to manage the challenges that follow is invaluable. The Law Office of Joshua P. Golson prioritizes understanding the unique needs of both individuals and families affected by these life-altering events. With a focus on diligent case management, clear communication, and a commitment to delivering meaningful results, we take the stress of navigating legal complexities off your shoulders. Contact the Law Office of Joshua P. Golson for a free consultation about your case.
Frequently Asked Questions About Motorcycle Accident Claims
How long do I have to file a claim in South Carolina?
Under South Carolina law, the statute of limitations for personal injury claims, including motorcycle accidents, is three years from the date of the accident. If you fail to file within this timeframe, you may lose your right to pursue compensation. There are some exceptions, such as cases involving minors or incapacitation, so it’s best to consult with an attorney promptly to understand your specific situation.
What if I wasn’t wearing a helmet?
South Carolina requires motorcycle operators and passengers under the age of 21 to wear helmets. If you weren’t wearing a helmet at the time of the accident and you are over 21, you can still seek damages. However, not wearing a helmet could be considered when assessing the extent of your injuries and may impact the compensation you receive, especially if the injuries could have been prevented by helmet use.
Can I still recover damages if I was partially at fault?
Yes, South Carolina follows a modified comparative negligence rule. This means you can recover damages as long as you are not more than 50% at fault for the accident. However, the compensation you receive will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your total award will be reduced by 20%.
Do I need a lawyer if the insurance company made an offer?
It’s advisable to consult with a lawyer before accepting an offer from an insurance company. Insurers often aim to settle for the lowest amount possible, and their offer may not fully cover your medical expenses, lost wages, or long-term effects of the accident. An experienced attorney can review your case, evaluate the offer, and negotiate on your behalf to ensure you receive fair compensation.
What if the other driver doesn’t have insurance?
South Carolina requires all drivers to carry uninsured motorist (UM) coverage as part of their auto insurance policy. If the at-fault driver doesn’t have insurance, you can file a claim with your own insurance company under your UM policy. An attorney can help you handle this process and maximize your claim.
Should I speak to the insurance company after the accident?
It’s generally best to avoid giving a statement to the insurance company without consulting with an attorney. Insurance adjusters may try to use your statements against you to minimize the value of your claim. Instead, direct all communication to your attorney, who can handle these discussions on your behalf.
For personalized guidance and support after a motorcycle accident, reach out to the Law Office of Joshua P. Golson. We are here to answer your questions, protect your rights, and help you and your loved ones get the results you need.
