Motorcycle-SUV-Crash | South Carolina Motorcycle Accident LawyerRiding a motorcycle on the open roads of South Carolina can be an exhilarating experience. The wind in your hair, the freedom of the open road, and the thrill of the ride are all part of the allure. However, with this freedom comes the inherent risk of being involved in a motorcycle accident.

In the unfortunate event that you find yourself injured in a South Carolina motorcycle accident, it's crucial to know what steps to take to protect your rights, and it's essential to seek the assistance of a South Carolina motorcycle accident lawyer.

What to Do at the Motorcycle Accident Scene

The first and most critical step after a motorcycle accident is prioritizing your health and well-being. Even if your injuries appear minor initially, adrenaline can hide the pain from some injuries, and other injuries may not have immediate symptoms. Immediately after the crash, you should take the following steps if you are physically able to do so:

Report the Accident

If anyone involved in the accident is seriously hurt or if you are at risk of a secondary accident, call 911 immediately. 911 will also dispatch the police department to investigate the scene, gather evidence, and create an accident report.

South Carolina law requires you to report the accident to the appropriate authorities. When the police arrive, provide a detailed account of the accident to the investigating officers. Only share facts and avoid admitting fault.

Gather Information

If possible, get the other driver's contact and insurance information and the contact information for any witnesses. Additionally, you can take photos of the accident scene, the vehicles involved, any surveillance cameras in the area, and your injuries. This visual evidence can be invaluable later.

Accept Medical Treatment

Even if you believe your injuries are minor, allow paramedics to assess your condition. Some common motorcycle accident injuries, like concussions or internal injuries, may not be immediately apparent.

What to Do in the Days and Week After a Motorcycle Accident

As you begin the recovery process, it is essential to:

Follow Medical Advice

After seeking initial treatment, follow through with any recommended medical care, including follow-up appointments and rehabilitation.

Obtain a Copy of the Accident Report

Request a copy of the accident report for your records. This document can be essential when filing a claim or pursuing legal action.

Contact Your Insurance Company

After a motorcycle accident in South Carolina, it's essential to notify your insurance company promptly. Contact your insurance company to report the accident, even if you were not at fault, and provide them with all the necessary information. Work closely with your insurer during the claims process. Be truthful and provide any requested documents or information.

Consult with a South Carolina Personal Injury Attorney

If you've been injured in a serious motorcycle accident, consulting with an experienced motorcycle accident lawyer may be a critical step to protect your rights and pursue fair compensation. Motorcycle accident cases are often complicated, and insurance companies want to pay you as little as possible.

How a South Carolina Motorcycle Accident Lawyer Can Help You

Your experience with a South Carolina motorcycle accident lawyer may begin with an initial consultation. Derrick Law Firm Injury Lawyers would be pleased to provide you with a consultation in which we work to assess your case and advise you on the next steps. 

If you move forward with a motorcycle accident claim, your lawyer will:

Explain South Carolina Motorcycle Accident Law

Riders must follow the rules of the road. Personal injury law applies to motorcycle accidents. Your motorcycle accident lawyer will explain all applicable laws to you, including but not limited to:

Statute of Limitations

You typically have three years from the accident date to file a claim. If you miss the statute of limitations deadline, your case will be dismissed from court, and you won't recover damages.

Comparative negligence

South Carolina follows a modified comparative negligence system. If you are found partially at fault for the accident, your financial recovery may be reduced accordingly.

Investigate the Motorcycle Crash

Your lawyer will investigate the accident to determine liability. This may involve collecting evidence, interviewing witnesses, and reconstructing the accident if necessary.

Negotiate With Insurance Companies

Your attorney will handle all communications with the insurance companies involved, working to secure a fair settlement on your behalf.

Take Your Motorcycle Accident Case to Court, if Necessary

If a fair settlement cannot be reached through insurance negotiations, your lawyer may advise you to file a lawsuit. They will guide you through the legal process and represent your interests in court if necessary.

Motorcycle Accident Damages

After a South Carolina motorcycle accident injury, you may be eligible for various types of compensation, depending on the circumstances of your case. Your damages may include:

Medical Expenses

Injured motorcyclists can seek compensation for all health care expenses related to their injuries, including medical bills, surgery costs, medication, rehabilitation therapies, and other health care costs.

Lost Income

If your motorcycle accident injuries prevent you from working, you may be entitled to compensation for lost wages, benefits, and self-employment income. Your lost income includes future earnings that you won't be able to earn because of your injuries.

Pain and Suffering

Compensation may also cover the physical and emotional pain and suffering you endured due to the accident.

Property Damage

If your motorcycle was damaged in the crash, you can seek compensation for repairs or replacement.

Five Tips for a Successful Motorcycle Accident Claim

To increase your chances of a successful motorcycle accident case, consider the following tips:

Preserve evidence

Keep all evidence related to the accident, including medical records, accident reports, and correspondence with insurance companies.

Don't sign a release form for the insurance company

The other driver's insurance company may do whatever it can to reduce or reject your compensation claim. 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 could actually be looking for a reason to deny your claim. Accordingly, it is important not to sign a medical release until you have talked to an experienced motorcycle accident attorney.

Don't rush a settlement

Be cautious when offered quick settlements by insurance companies. Consult with your personal injury lawyer before accepting any offers.

Stay off social media

Avoid posting about the accident, your injuries, or activities on social media. Insurance companies often monitor social media for evidence.

Follow medical advice

Continue with all prescribed medical treatments and follow your doctor's orders. Gaps in treatment can be used against you.

Being involved in a South Carolina motorcycle accident can be a traumatic experience, but knowing what to do afterward is crucial to protect your rights and seek compensation for your injuries.

Dirk J. Derrick
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South Carolina Lawyer Dirk Derrick helps victims recover from car accidents, personal injury & wrongful death.