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Myrtle Beach is a great spot for motorcyclists. Good weather and ocean views can make for the perfect ride.
There are risks from other motorists, however. If you’ve been hurt in a motorcycle accident, then you already understand these risks all too well. Now, you need to know how to make a fair recovery and how a Myrtle Beach motorcycle accident lawyer can help you through this difficult time.
Motorcycle Accident Victims Face Unique Challenges
After motorcycle accidents, riders face some significant and unique challenges that make it especially important to work with an experienced motorcycle accident lawyer.
First, motorcycle accident victims often experience more serious injuries than those involved in other types of crashes. A motorcycle has little protection to offer in an accident, as it lacks virtually all of the safety structures provided by passenger cars and trucks. Riders are vulnerable, and those vulnerabilities can result in a devastating injury during a motorcycle crash.
Second, when pursuing compensation after a crash, motorcyclists are often faced with an unfair prejudice. Law enforcement, witnesses, others involved in the crash, and insurance companies might assume that motorcyclists behave carelessly on the road and are to blame for the accident. While most motorcyclists are safe and responsible drivers, this bias could affect their ability to obtain the compensation they deserve.
A South Carolina Motorcycle Accident Attorney Can Work to Make Sure You’re Treated Fairly
The right attorney for your claim should have the necessary experience to represent you after a motorcycle accident in Myrtle Beach. While you focus on your physical and emotional recovery, an effective motorcycle lawyer will do the legal work outlined below.
Value Your Motorcycle Accident Claim
Before you can seek fair compensation from an insurer or in court, you must know what your case is worth. Your motorcycle injury lawyer will review all of the evidence and help you seek compensation for:
- Medical bills directly related to motorcycle accident injuries
- Costs associated with your rehabilitation after the injury
- Intangible damages such as pain and suffering
- Mental anguish and emotional distress caused by the collision
- Disfigurement or other permanent injuries
- General physical impairment
- Loss of consortium
- Property damage such as your damaged motorcycle
- Out-of-pocket expenses resulting from the injury
- Lost income if you can’t work after the accident
- Potential permanent reduction or loss of income-earning capacity
While physical injuries and emotional distress are key elements in determining the value of your accident, there are several other factors that may be critical to your compensation.
If your Myrtle Beach motorcycle accident was caused by particularly reckless behavior such as driving drunk, additional penalties may apply. In this case, a court may assign punitive damages against the at-fault party, which could impact your settlement amount.
An experienced motorcycle injury attorney can help you even if the accident is partially your fault. South Carolina motorcycle accident law allows for comparative fault, which means if you’re found partly responsible for the accident, your total amount of compensation could be reduced by your amount of fault. For instance, if you were 10% at fault while the other driver was found to be 90% at fault, your financial award would be reduced by 10%.
Gather Evidence
Effective lawyers will investigate your accident and both identify and gather evidence that can help support your motorcycle accident claims. This can include:
- Police reports
- Eyewitness accounts
- Photos
- Video surveillance
- Medical records
- Expert witnesses
Notify Insurance Companies
It is necessary to let the insurance companies know that an accident occurred and a claim will be filed. Throughout the entire legal process, the attorney can ensure that deadlines are met. This is important, as failing to file the claim or provide necessary information by certain dates can negatively impact a victim’s ability to obtain compensation.
Prepare for Negotiations
Before you can recover compensation in a motorcycle accident settlement, you must prove that the at-fault driver is liable for the accident. The victim must show that the other driver had an obligation to behave responsibly, that the driver ignored that obligation, and that the behavior caused damages that have negatively impacted the victim.
After a motorcycle accident, you may not fully understand the extent of your injuries and the impact they could have on your life. Thus, it’s important not to accept the first settlement offer you receive from the at-fault party’s insurance company. It’s possible that the severity of your motorcycle accident injuries or complications later on will require more money than the insurance company is offering.
Make a Demand for Compensation
The attorney for the injury victim will make a formal demand, which typically includes a demand letter seeking compensation and provides evidence to support the claim. At this stage, it’s important to understand how much your claim is worth. Seeking too little compensation can be damaging in the future, should you still require medical care or other special considerations.
Negotiate
It’s unlikely that an insurance company will simply agree to the demands of the victim. Because insurance companies are out to save as much money as possible, they will likely attempt to reduce their own liability. An experienced attorney understands insurance company tactics and can stand up for what is right for the injury victim.
Pursue the Claim in Court if Necessary
If the insurance company refuses to provide fair compensation, it may be necessary to file a motorcycle accident lawsuit. Insurance companies have a duty to award payment when warranted, and they can be held accountable under the law if they refuse to respect victims’ rights. Whether you've suffered traumatic brain injuries, road rash, or another motorcycle accident injury, our experienced lawyers can file a lawsuit and fight for your full and fair recovery.
Fight Biker Bias
Something your attorney will look out for during the course of your case is biker bias, which is an incorrect presumption that all motorcyclists are reckless outlaws likely to be responsible for any accident in which they’re involved.
Your attorney will be vigilant for any indications of such a prejudiced attitude and take steps to counteract it by proving that you’re a responsible motorcyclist who was injured by a negligent motorist.
