Motorcycle riders face unique dangers on the road, and an accident can lead to severe injuries or death in a matter of moments. If you or a loved one were injured in a motorcycle collision, understanding your legal options, how local laws impact your claim, and what a Charleston motorcycle accident attorney can do to help is crucial for securing the compensation you deserve.
Key Takeaways
- South Carolina law requires motorcycle riders under the age of 21 to wear a helmet, whereas adult riders have the choice to ride without one.
- Common causes of motorcycle accidents in Charleston include distracted driving, failure to yield, and unsafe lane changes by other motorists.
- Not wearing a helmet when you are legally required to or if it contributed to your injuries can impact the compensation you receive in an injury claim.
- Common injuries from motorcycle crashes range from road rash and broken bones to traumatic brain injuries and spinal cord damage.
- A Charleston motorcycle accident attorney can build a strong case by investigating the crash, gathering evidence, and negotiating with insurance companies on your behalf.
Does South Carolina Require Motorcycle Riders to Wear Helmets?
In South Carolina, the law regarding motorcycle helmets depends on the rider’s age. According to state law, any motorcycle operator or passenger under the age of 21 is required to wear a protective helmet approved by the Department of Public Safety. Additionally, riders under 21 must also wear goggles or a face shield unless their motorcycle is equipped with a windscreen.
For riders who are 21 years of age or older, South Carolina does not mandate the use of a helmet or eye protection, which means that adult riders have the freedom to choose whether to wear a helmet while riding on public roads. However, safety organizations strongly recommend wearing a helmet to reduce the risk of head injuries in the event of a crash.
What Are the Leading Causes of Motorcycle Accidents in Charleston?
Motorcycle accidents in Charleston can occur for various reasons, but many are caused by the negligence of other drivers on the road. Some of the most common causes include the following:
- Distracted Driving: Drivers who are texting, talking on the phone, or otherwise distracted may fail to notice a motorcycle until it is too late.
- Failure to Yield: Many accidents happen at intersections when a car turns left in front of an oncoming motorcycle, failing to yield the right-of-way.
- Blind Spots and Unsafe Lane Changes: Motorcycles are smaller and can easily be hidden in a vehicle’s blind spot. Drivers who change lanes without checking carefully can collide with a motorcyclist.
- Following Too Closely: Tailgating a motorcycle is extremely dangerous, as motorcycles can stop much faster than larger vehicles.
- Speeding and Reckless Driving: Excessive speed reduces a driver’s reaction time and increases the severity of a collision.
How Does Not Wearing a Helmet Affect a South Carolina Injury Claim?
If you are involved in a motorcycle accident in South Carolina, the issue of whether you were wearing a helmet may become a factor in your personal injury claim. Because South Carolina follows a modified comparative negligence system, your compensation can be reduced if you are found to share a portion of the blame for your injuries.
If you are over 21 and choose not to wear a helmet, the defense might argue that your failure to wear one contributed to the severity of your injuries, particularly if you sustained head or neck trauma. A skilled Charleston motorcycle accident attorney can help counter these arguments and demonstrate that the other driver’s negligence was the primary cause of the accident and your resulting injuries.
What Injuries Are Most Common in Charleston Motorcycle Crashes?
Motorcycle riders lack the structural protection that enclosed vehicles provide, making them vulnerable to serious injuries in a crash. Common injuries sustained in these accidents include:
- Traumatic Brain Injuries (TBIs)
- Road Rash
- Fractures and Broken Bones
- Spinal Cord Injuries
- Internal Organ Damage
How a Charleston Motorcycle Accident Attorney Builds Your Case
Navigating a personal injury claim after a motorcycle accident can be complex and overwhelming. A dedicated motorcycle accident attorney in Charleston can manage the legal process while you focus on your recovery. They will work to build a strong case on your behalf by doing the following:
- Investigating the Accident: Gathering police reports, witness statements, and physical evidence from the crash scene.
- Consulting with Specialists: Working with accident reconstruction professionals and medical providers to determine the cause of the crash and the extent of your injuries.
- Evaluating Your Damages: Calculating the full value of your past and future medical bills, lost wages, and pain and suffering.
- Negotiating with Insurance Companies: Handling all communications and settlement discussions with the insurance adjusters to ensure you are not taken advantage of.
- Preparing for Trial: If a fair settlement cannot be reached, your Charleston motorcycle accident attorneys will be prepared to take your case to court.
Frequently Asked Questions
How long do I have to file a motorcycle accident claim in South Carolina?
In South Carolina, the statute of limitations for personal injury claims, including motorcycle accidents, is generally three years from the date of the crash. Failing to file within this timeframe can result in losing your right to pursue compensation.
Can I still recover compensation if I was partially at fault for the accident?
Yes. South Carolina uses a modified comparative negligence rule. You can still recover damages as long as you are not 51% or more at fault for the accident. However, your compensation will be reduced by your percentage of fault.
What should I do immediately after a motorcycle accident?
First, seek medical attention for any injuries. Then, if possible, call law enforcement, document the scene with photos, gather contact information from witnesses, and avoid making any statements to insurance companies until you have spoken with an attorney.
How much is my motorcycle accident case worth?
The value of a case depends on many factors, including the severity of your injuries, the amount of your medical bills, your lost wages, and the impact the injuries have on your daily life. An attorney can help evaluate these factors to estimate the potential value of your claim.
Charleston Motorcycle Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC Will Help You Move Forward After Your Riding Accident
If you have gotten into an accident with a motorcycle, reach out to the Charleston motorcycle accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC. Our experienced legal team will investigate your accident and help you secure full compensation. Call us at 843-727-6500 or complete the online form to schedule a free case evaluation. We have offices in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, and we serve clients throughout the state.