Frequently Asked Questions About Motorcycle Accident Cases

How long do I have to file a personal injury claim? What if the driver who hit me is uninsured? Why do I need to hire a personal injury lawyer?

We answer these questions and many more in our collection of frequently asked questions. Unlike many websites that provide brief yes-or-no answers to important legal questions like these, we provide detailed answers to help you get a better idea of your rights, your options, and what you can hope for in the future.

If your questions are not answered here, feel free to connect with us through our website, or call us at 843-248-7486, to speak directly with us about your legal concerns.

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  • How do I prove my Myrtle Beach motorcycle accident case?

    With the annual Myrtle Beach Bike Week festivities and Atlantic Beach Bikefest, motorcyclists are a common sight on area roadways. However, increased motorcycle activity brings a corresponding rise in collisions. 
    Myrtle Beach Motorcycle Accident Lawyer Derrick Law Firm  
    South Carolina reported more than 2,000 accidents involving motorcycles per year since 2011, with most years seeing over 100 motorcyclist fatalities. When you’re injured in a motorcycle crash, you may find that you’re unable to work and facing unexpected medical debt. Those added pressures are the last thing you need to worry about while focusing on your physical recovery.
     
    If the crash was caused by another party’s negligence, you may be able to recover compensation, and our experienced Myrtle Beach personal injury lawyer can help.

    Understanding Negligence

    To collect compensation in a motorcycle accident case, you need to show that the other party acted with either negligence or reckless behavior. Under South Carolina law, that means proving one of two things:
     
    An absence of ordinary due care that any person would reasonably be expected to provide
    The other party consciously and knowingly failed to exercise reasonable or due care
    A negligent driver may have caused your accident by driving while drunk or distracted, speeding, failing to indicate a turn, or because of other traffic violations. 

    What You Need to Win Your Case

    To win damages in a motorcycle crash case, you need to show that the other party’s negligent or reckless behavior contributed in some way to the accident and injury, as well as subsequent losses.
     
    It is critical to gather and preserve evidence about your collision immediately. You may be in pain or unable to gather your own evidence during a hospital stay, which is why you need the aid of a skilled personal injury attorney. 
     
    Showing negligence and tying it to your collision requires gathering evidence from a number of sources. Medical records, police reports, witness statements, and facts from accident reconstruction experts all serve as powerful evidence in a motorcycle collision case.
     
    South Carolina law allows motorcycle crash victims to potentially recover damages, even if they were partially responsible for the accident in which they were hurt. However, their financial recovery may be reduced to reflect their percentage of responsibility. For instance, if the other party is found to be 80% at fault, your compensation may be reduced by 20% for your share of the accident fault. We can help you fight for a fair financial award.

    Potential Motorcycle Collision Case Damages

    With the proper information, an attorney can establish your injury was caused by the other party’s negligence, as well as demonstrate any ongoing medical issues and the overall impact to your life caused by the accident. You may be entitled to compensation covering:
    Emotional trauma
    Lost income
    Medical costs stemming from the injury
    Repair or replacement motorcycle expenses

    Have You Been Injured In A South Carolina Motorcycle Accident?

    If you've been injured in motorcycle accident you need to speak with an experienced motorcycle accident attorney as soon as possible. Please contact us online or call our Myrtle Beach, South Carolina office directly at 843.248.7486 to schedule your free consultation. We are also able to meet clients at our Conway, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

  • How Much Motorcycle Insurance Do I Need In Myrtle Beach?

    No one loves spending money on vehicle insurance, but because it’s possible for all drivers to be involved in a crash, it’s an important part of protecting yourself on the road. Insurance is especially important for motorcyclists, who are more likely to suffer serious injuries in an accident. So, it’s critical to understand the types of coverage available, state law requirements, and what policies can best protect you if you’re injured. 
    Do You Have The Correct Insurance For Your Myrtle Beach Motorcycle The Derrick Law Firm
     
    Many Myrtle Beach motorcyclists think that carrying the minimum insurance is enough, but the our experience has been that 95% of the time these limits just simply aren't enough.

    South Carolina Motorcycle Insurance Laws

    In South Carolina, motorcyclists are required to carry the following three types of insurance for their motorcycles:

    Bodily Injury 

    Bodily injury insurance covers others who are injured in an accident you cause. It provides compensation medical bills, lost wages, and pain and suffering. The state requires a minimum of $25,000 per person and $50,000 for all people injured in one accident.

    Property Damage 

    Property damage insurance covers the repair or replacement of any property damaged in an accident you cause, including other vehicles and vehicle contents, as well as property such as fences, buildings, or equipment. The state minimum for this coverage is $25,000.

    Uninsured Motorist

    South Carolina also requires drivers to carry uninsured motorist coverage, which provides protection for the policyholder if he is involved in a hit and run or in a crash with a driver who does not have insurance. Minimum coverage for this insurance is equivalent to the minimum amounts of bodily injury and property damage (25/50/25).
     

    Underinsured Motorist Insurance Can Protect Motorcyclists After a Crash

    In addition to these minimum requirements, insurance companies do offer other types of coverage. Underinsured motorist coverage (UIM) is important to consider. Similar to uninsured motorist coverage, UIM protects the policyholder when he is injured in a crash with a driver whose insurance is not sufficient to cover the damages suffered.
     
    For example, if a motorcyclist’s medical treatment related to the crash totals $200,000, and the at-fault driver only has the state minimum of $25,000 in coverage, the underinsured policy would kick in to cover the gap (or a portion of it, depending on the level of UIM coverage purchased). This can be particularly important for motorcyclists, as they are more likely to suffer a serious injury in a crash, which can lead to high medical bills, significant time away from work, loss of income, and necessary home and vehicle modifications. 

    Other Insurance Considerations for SC Motorcyclists

    There are also a number of other insurance options that motorcyclists can consider to address a range of damages that can occur in a crash. These include:

    Comprehensive and Collision

    These coverages provide compensation for the policyholder’s own vehicle if it is damaged in a crash or by some other means such as a theft or weather events.

    Custom Equipment 

    Custom equipment insurance covers any aftermarket parts installed on the motorcycle.

    OEM Endorsement

    This type of endorsement requires that if the motorcycle can be repaired, only new parts from the original equipment manufacturer be used.

    Have You Been Injured In A Myrtle Beach Motorcycle Accident?

    If you've been injured in motorcycle accident you need to speak with an experienced motorcycle accident attorney as soon as possible. Please contact us online or call our Myrtle Beach, South Carolina office directly at 843.248.7486 to schedule your free consultation. We are also able to meet clients at our Conway, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

  • How do I find the right lawyer to help with my motorcycle accident claim?

    When looking for an attorney for any type of personal injury legal claim, it’s important to develop a strong attorney-client relationship. Most injury victims have little experience with the law, and navigating the legal process can feel stressful and overwhelming. Even finding the right lawyer to represent you may seem difficult. But it doesn’t have to be. There are steps you can take to ensure that you find the right motorcycle accident attorney who will help you obtain the compensation you need to fully recover.
    How To Choose The Right Motorcycle Accident Lawyer The Derrick Law Firm

    Meet With Potential Attorneys and Ask Questions

    To begin your search for an attorney, find names of potential attorneys by asking friends and family, checking the local bar association website, or doing a simple internet search. This can give you a few names of attorneys who might be right for you. Then, set up a meeting. Most injury attorneys offer free consultations, so accident victims can meet with the lawyer, ask questions, and better understand their claim.
     
    At the consultation, ask questions that will give you an idea of what the attorney does, what to expect, and what kind of rapport you may develop. Some helpful questions to ask include:
     
    • What kind of experience do you have with motorcycle cases?
    • How long have you been practicing law in Myrtle Beach?
    • What is your fee agreement?
    • What do you think of the claim?
    • What challenges might you face with this claim?
    • How do you handle client communication? Who will I talk to if I call to share information or get updates on my claim?
       

    Understanding the Unique Aspects of a Motorcycle Claim

    In addition to getting your questions answered, you need to know if your motorcycle accident attorney is prepared to address the unique challenges of this type of legal claim because there is a widely accepted bias against motorcyclists. Law enforcement, other drivers, and insurance companies often assume that the motorcyclist is to blame for the accident. However, most motorcyclists are safe, responsible drivers, and they deserve the respect and fair treatment afforded others on the road. The right attorney should be ready to address this prejudice to obtain the best possible outcome.
     
    Also, motorcyclists typically suffer more severe injuries than others involved in traffic accidents. Motorcycles offer little protection in a crash, and the National Highway Traffic Safety Administration (NHTSA) reports that motorcyclists are 28 times more likely to die in a crash than occupants of passenger cars. Given the seriousness of motorcycle injuries, the compensation provided by a legal claim can make a significant difference in the lives of motorcyclists and their families, especially because they often face expensive medical bills and lost wages. The right attorney for these claims must understand both the current circumstance and the likely future prognosis for victims and their families. Once a claim has been settled or decided by the courts, it is not typically possible to revisit the claim to obtain further compensation.

    Have You Been Injured In A South Carolina Motorcycle Accident?

    If you've been injured in motorcycle accident you need to speak with an experienced motorcycle accident attorney as soon as possible. Please contact us online or call our Conway, South Carolina office directly at 843.484.0707 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

  • What if my insurance denies my Myrtle Beach motorcycle accident claim?

    Often, motorcyclists are burdened with a stigma of irresponsibility. Even after they have suffered injuries in an accident caused by another careless driver, they may have to defend their actions to insurance companies and in court. It’s not unusual for an insurance company to deny a claim related to a motorcycle accident in hopes this stigma will be enough to reduce or eliminate their responsibility to provide compensation. However, motorcyclists have rights that can be protected, even when the insurance company tries to initially deny a legitimate claim. Denied motorcycle accident claim The Derrick Law Firm

    Why an Insurance Company Denies Motorcycle Claims

    Insurance companies are out to save money, and they will try to deny accident claims in order to do so. When it comes to motorcycle accidents, insurance companies may attempt to:

    • Place blame for the crash on the motorcyclist
    • Point to pre-existing conditions or old medical issues as the real reason for the injury
    • Claim an injury simply doesn’t exist
    • Claim the policy does not cover the accident situation

    Injured Motorcyclists Have Rights to Compensation

    While the insurance company may want injury victims to believe that an initial denial is the end of the road, it can still be possible to appeal the decision and obtain the care and compensation you need. An experienced motorcycle accident attorney can work with victims to help them identify the cause of the denial and provide information to prove the legitimacy of the claim. This can include:

    • Obtaining police reports
    • Obtaining medical records
    • Providing expert testimony
    • Locating and filling out the correct paperwork
    • Negotiating with the insurance adjuster

    In some cases, an insurance company simply sticks with its denial despite a clear and legitimate claim. This is called acting in bad faith, and it is against the law. For these situations, it can be necessary to file a legal claim against the insurance company to force it to uphold its end of the policy agreement. An experienced attorney can help motorcycle accident victims navigate this process and ensure that their claim is as strong as possible.

    Have You Been Injured In A South Carolina Motorcycle Accident?

    If you've been injured in motorcycle accident you need to speak with an experienced motorcycle accident attorney as soon as possible. Please contact us online or call our Conway, South Carolina office directly at 843.484.0707 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

     

  • Can I afford an attorney for injuries I received in a Myrtle Beach motorcycle accident?

    More than 2,000 people were injured or killed in a motorcycle accident in South Carolina in 2017. It’s been well documented that motorcycle accidents are particularly dangerous, and those involved are more likely to suffer injuries than those in passenger vehicles. This also means that after a motorcycle accident, it’s likely that victims will require serious medical treatment and may miss a significant amount of work.

    The compensation provided by a successful accident claim offers significant financial support for bikers and their families. That’s why many accident victims hire an attorney to help protect them after a crash. It’s important to understand that legal representation is not only critical in these types of claims, it’s also affordable. Attorneys for motorcycle accidents

    Helpful Fee Agreements for Myrtle Beach Motorcyclists

    At The Derrick Law Firm, our attorneys understand that accident victims are already under a significant amount of physical, emotional, and financial stress. That’s why we offer a fee agreement that can help victims and their families obtain the representation they need.

    Our lawyers work with motorcyclists on a contingency fee basis—an arrangement where the client only pays for the attorney’s work if the claim is successful. The lawyer will take a certain percentage of the compensation award, and the attorney and client agree on this percentage from the start of their working relationship. After a successful claim, the insurance company pays the attorney, who takes his fee, and then passes the remaining compensation on to the accident victim. If the case is not successful, the client does not have to pay attorney’s fees. However, the injury victim may be responsible for minimal costs such as filing fees, document fees, and costs for obtaining/deposing witnesses.

    Reach Out for a Free Consultation With a Myrtle Beach Lawyer

    At The Derrick Law Firm, our attorneys offer a free case review, where we examine the details of your case, provide information, and help you decide how to best move forward after a motorcycle accident. If you or someone you love suffered injuries in a motorcycle accident due to another driver’s negligence, you can afford experienced representation. Call our Myrtle Beach office, or take a moment to fill out the contact form on this page to speak with a member of our team.

     

  • I was injured in a Myrtle Beach motorcycle accident. Should I sign a medical release form for the other driver's insurance company?

    Medical Release Form After a Car Wreck Derrick Law FirmYou were enjoying a cruise up Ocean Boulevard in Myrtle Beach when a car turned off a side street right in front of you. There was no way you could avoid colliding with the car and being thrown off your bike. You know the crash was not your fault, but in the days afterward, you aren’t sure what you should do. The motorcycle accident lawyers at the Derrick Law Firm have two pieces of advice: Don’t sign anything, and call an attorney!

    Why a Myrtle Beach Insurance Agent Will Want You to Sign a Medical Release

    Even if the other driver’s fault in causing your injuries is clear, his or her insurance company will do whatever it can to reduce or reject your claim for compensation. Their first move may be to ask you to sign a medical release form. The insurance adjuster will tell you that this will allow them to access your medical records so that they can pay you what you are owed. However, they are actually looking for a reason to deny your claim. Some of the things they will scour your medical records for include:

    • Apparent contradictions to statements you have already made about your injuries or medical treatment.
    • Evidence of a similar injury in the past so that they can claim your current injury was not caused by the accident.
    • Indications that you have been in a motorcycle crash before so they can throw doubt on your innocence.
    • Any history of alcohol or drug abuse that they can use to undermine your character.
    • A medical condition such as sleep apnea or prescription medication that they will say contributed to the cause of the crash.

    Your past medical history is none of the insurance company’s business, but once you sign a medical release, they will be able to access all of it to try to reduce the liability of their insured driver. This is why it is so important not to sign a medical release until you have talked to an experienced motorcycle accident attorney.

    Our Myrtle Beach Motorcycle Accident Team Will Take Over From Here

    Once you talk to the motorcycle accident attorneys at the Derrick Law Firm, we will take over communication with the insurance company for the at-fault driver. To get you the settlement you deserve, we will need to present medical records, but they will be the records we determine to be relevant to your claim, not your entire medical history. Motorcycle accident claims are not like car accident claims, so you need a lawyer with the right kind of experience. Call us to schedule a free consultation in our Myrtle Beach office today at 843.248.7486. We are also able to meet clients at our Conway, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.