Expert Charleston Motorcycle Accident Lawyer

Fighting for Motorcycle Injury Victims in Charleston, South Carolina

Motorcyclists are at a greater risk of being seriously injured or killed on the road than drivers or passengers of other types of vehicles. In one recent year, there were about 85,000 motorcycle injuries and more than 5,500 motorcyclists killed in traffic around the United States. In South Carolina, 137 motorcyclists were killed. Those numbers may sound small compared with the number of traffic injuries and deaths overall. However, the rate of injury and death is much higher for motorcyclists. The percentage of traffic fatalities attributable to motorcycle accidents fluctuates from about 13-15%, though motorcycles make up only 3% of the registered vehicles in the United states.

Why are Motorcycles More Dangerous Than Cars?

Motorcycles are more dangerous than cars for two separate reasons: motorcycles face unique crash risks, and the injuries sustained are likely to be significantly more serious. 

Motorcycle Crash Risks

Motorcyclists are at greater risk of crashing on the road for several reasons. One is that drivers of cars and other vehicles don’t always notice motorcyclists. In part, this is because motorcycles are objectively less visible. They are considerably smaller than passenger cars and other vehicles, can easily fit entirely into a driver’s blind spot, and may not maintain a constant position in a lane. However, researchers have suggested that it is also possibly attributable to inattention blindness. In simple terms, this means that the brain is constantly filtering and giving priority to certain types of information, since it is impossible to process everything at once. Research conducted with still photographs found that study subjects were more than twice as likely to notice a taxi that had unexpectedly been added to the photograph as they were a motorcycle.

Motorcyclists also face different risks because hazards on the road that might have little or no impact on a car or truck can do significant damage. For example, a pothole might just cause an unpleasant bump for a driver of a passenger vehicle, or in a worst case scenario might pop a tire or even do some minor damage to the vehicle. On the other hand, a motorcyclist hitting the same pothole Is likely to lose control of the bike. The same is true for grass cuttings on the road, which can cause a motorcycle to slide and debris left in the road which can have  an impact similar to hitting a pothole. 

While motorcyclists generally are at greater risk than those traveling in other vehicles, not all motorcycles are created equal. “Supersport” motorcycles are about four times as likely to be involved in fatal crashes than standard models. 

Motorcyclists are Often Injured More Seriously

The main reason that motorcyclists often suffer more serious injuries in a crash is obvious– a motorcyclist has no protective surfaces between them and the ground. While a passenger in a car is generally protected by the outer shell of the vehicle, restrained by a seatbelt, and protected by airbags, the motorcyclist has no protection.

A biker in an accident may fly off of the motorcycle and land hard on the asphalt, be hit directly by a car, be dragged on the ground, or collide with an object. The motorcyclist will have nothing to protect them, except possibly a helmet. this is why motorcyclists commonly suffer injuries such as:

• Traumatic brain injuries
• Spinal cord injuries
• Broken bones
• Facial or jaw fractures
• Internal bleeding
• Organ damage

Some of these injuries can be long-term or permanent, and can have a significant impact on the injured motorcyclist’s quality of life. They may also require expensive medical care, ongoing treatment, rehabilitative services, and even assistance with self-care or daily activities. Even when the injuries are temporary, recovery can be difficult, the injured rider may lose a significant amount of income, and medical expenses can be high. 

South Carolina personal injury law offers a way for a motorcyclist injured through someone else’s negligence to recover compensation to cover those losses and help the victim rebuild. 

Protecting Against Motorcycle Accidents

As a motorcyclist, the first step toward protecting yourself on the road is to observe all relevant safety measures yourself. That includes: 

• Following all traffic safety laws
• Wearing a helmet that meets DOT standards
• Taking extra care at intersections, where many motorcycle crashes occur
• Staying in your own lane, and avoiding lane splitting
• Avoiding riding in another vehicle’s blind spot
• Ensuring that your motorcycle and all equipment is well maintained
• Make sure your bike is a good fit for you and you are in full control

For more information on safety regulations for motorcycles, see the relevant South Carolina statutes: 

• SECTION 56‐5‐3610 – Motorcyclists have all the rights and duties as drivers of other types of motor vehicles.
• SECTION 56‐5‐3630 – Motorcyclists may not carry passengers or objects unless the bike is intended to carry them and if they do not interfere with safe operation.
• SECTION 56‐5‐3640 – Motorcyclists have the right to use the full traffic lane, can ride two abreast in a lane, but cannot engage in lane-splitting.
• SECTION 56‐5‐3660 – Helmets are required for anyone under the age of 21.
• SECTION 56‐5‐3670 – Goggles or a face shield is required for anyone under the age of 21.
• SECTION 38-77-140 – Motorcyclists must carry minimum amounts of motorcycle insurance including $25,000 in bodily injury coverage per person or $50,000 per crash, as well as $25,000 for property damage. (Note: it is recommended that motorcyclists carry more than the minimum amount of coverage, as injuries from motorcycle accidents tend to be severe.)

There are also precautions you can take to minimize the risk of inattention blindness or simply not being seen by the driver of a passenger vehicle or commercial truck. For example: 

• Wear bright clothing for greater visibility
• Use your headlight
• Wear reflective clothing when riding at night
• Always use signals
• Try to stay off the road in low-visibility weather conditions

Liability for Motorcycle Accidents

If a motorcyclist is injured and it is someone else’s fault, the injured biker will typically be entitled to compensation. Some situations in which someone else may be liable for a motorcyclist’s injuries include: 

• When the motorcyclist is hit by another driver who is speeding
• When the motorcyclist is hit by a distracted driver, who could have avoided the collision if they had been paying attention
• When the motorcyclist is hit by someone who runs a red light or moves out of turn at an intersection
• When a vehicle hits a motorcycle or causes the motorcyclist to swerve and crash by drifting into the motorcyclist’s lane
• When debris in the road causes a motorcycle accident–the party responsible for dropping the debris in the road may be responsible, or the party responsible for maintenance, or both
• When dangerous road design created the hazard or substantially contributed to the accident

What if the Motorcyclist Was Partly Responsible? 

In some crashes, the motorcyclist is responsible for the collision or shares responsibility. One common reason a motorcyclist might be wholly or partly responsible for their own injuries is operating a motorcycle under the influence of alcohol. A substantial percentage of motorcycle accidents involve intoxicated riders. 

When the motorcyclist is under the influence of alcohol or other substances, speeding, disobeying traffic laws, not paying attention to the road or otherwise negligent, they may be entirely or partly responsible for a crash. However, partial responsibility doesn’t necessarily mean the injured biker can’t recover compensation. 

In South Carolina, an injury victim may be entitled to some compensation if they are partly responsible for their own injuries. But, there are two limitations. First, no injury victim can recover damages from another responsible party if the injured person was more than 50% responsible. Establishing the percentage of responsibility and persuading the insurance carrier’s attorney or arguing the point to a jury is complicated, and may be the determining factor in whether or not you receive any compensation for your injuries. So, it’s important to work with an experienced Charleston personal injury lawyer. 

If you were partly responsible for your injuries but not more than half, you may be entitled to compensation. But, your compensation will be reduced in proportion to your fault For example, if you have $1,000,000 in damages but are found to be 40% responsible, you can recover only 60% of the total, or $600,000. You will be responsible for the remainder, since you were at fault for that portion. 

Get the Help You Need after a Charleston Motorcycle Accident

If you’ve been injured in a motorcycle accident that was wholly or mostly someone else’s fault, you may be entitled to compensation. While every case is different, some common types of damages awarded in motorcycle accident cases and other motor vehicle accident cases include: 

• Reimbursement for medical expenses incurred
• Compensation for projected future medical expenses associated with the injuries sustained in the crash
• Compensation for lost work time while recovering, and for any projected loss of future earning capacity
• The cost of any special equipment and assistance necessary due to the accident, such as accommodations in the home, special vehicles, and in-home assistance
• Compensation for intangible losses such as pain and suffering and loss of quality of life
• Compensation for property damage, such as damage to or destruction of your motorcycle

To secure compensation, you will have to show that the other party’s negligence was the cause–or partly the cause–of the accident and your resulting injuries. If you were partly responsible for the accident, you will have to establish what percentage of fault is attributable to you. This can be a point of contention, since it will determine whether and to what extent you are entitled to damages. 

You will also have to establish all of your damages through evidence such as medical records and bills, doctor recommendations for therapy, equipment and other services and the bills for those services, the amount of income you lost, the value of your property loss and more. If you are seeking compensation for continuing medical care and/or decreased future earnings, you will need expert witnesses to establish those claims. 

In other words, it can be tough to build an effective case on your own. Your best next step is to talk to an experienced Charleston motorcycle accident attorney who can handle communications with the insurance carrier, investigation of fault, assembly of evidence, identification and hiring of experts, and prepare your case for trial. Attorney Frank Hartman has focused his legal practice on helping injured people receive fair compensation. He has the skills and experience necessary to build the strongest possible motorcycle accident claim on your behalf, and he cares about your future. 

To learn more, call 843-300-7600 or fill out the contact form on this page.