Florence’s warm climate and picturesque coastal views make it a fun place for motorcycle enthusiasts to suit up and go for a ride. Yet, riding in Florence poses risks because South Carolina is often near the top of the list for states with the highest percentage of motorcycle accidents as a total of all motor vehicle accidents. In fact, South Carolina’s Department of Public Safety’s most recent crash data estimates that motorcyclists were involved in almost 2,500 traffic collisions in 2017, including more than 1,700 with serious injuries and 122 fatal crashes.
In some cases, motorcyclists cause an accident, but other motorists cause motorcycle crashes far more often. If you have been injured on your motorcycle in Florence because of a careless motorist, call an experienced motorcycle accident attorney at Hughey Law Firm at (843) 881-8644 for a free consultation to discuss the details of your crash and injuries.
Hughey Law Firm’s Results in Motorcycle Accident Cases
The legal team at Hughey Law Firm has represented dozens of personal injury clients, including those who have been injured in a motorcycle accident. Through their successful negotiation and litigation, Hughey Law Firm’s legal team has secured settlements and verdicts totaling more than $100 million dollars for previous clients. Recent examples include cases settlements and verdicts that range from $200,000 to more than $5,000,000 for clients who were injured because of another party’s negligence. These examples don’t guarantee results in any particular case, but the skilled and knowledgeable attorneys at Hughey Law Firm will fight to obtain the best possible outcome for you motorcycle accident case.
Common Motorcycle Accident Injuries
Even when bikers drive safely and wear the proper gear, it’s likely that they will suffer severe or catastrophic injuries in a motorcycle crash, especially at high speeds where injuries might be fatal. The following injuries are not so different from those one might experience in a car accident, but the severity is much greater:
- Deep lacerations, cuts, scrapes and bruises, including road rash if they are thrown from their bike and not wearing protective gear;
- Fractures and broken bones including multiple fractures and crushed bones that require multiple surgeries;
- Burns that also may require multiple surgeries and still might lead to scarring and disfigurement;
- Head injuries from blunt force trauma or the motion of a collision, each case resulting in minor to severe traumatic brain injuries (TBI), especially when not wearing a helmet;
- Neck and back injuries that include herniated or cracked discs;
- Spinal cord injuries that might result in temporary or permanent paralysis
- Amputations; and
- Dislocated shoulders and hips.
Modified Comparative Negligence in South Carolina
South Carolina is a tort liability state that applies comparative negligence to personal injury lawsuits. Comparative negligence is the notion of shared liability. If the court finds the defendant was negligent, they assign a percentage fault to each party in the suit and reduce the plaintiff’s award by the percentage they were at fault for their accident and injury. In motorcycle accidents, if a motorcyclist shares fault with another party, these are the most likely candidates:
- Other motorists. Negligent drivers who might be distracted, driving under the influence, or violating other traffic regulations often cause motorcycle accidents. Sometimes bad driving habits, like not checking mirrors lead to motorcycle accidents because drivers don’t see or look for bikers.
- State of Florida, county, or municipality. When a government entity does not maintain its roads or clear debris that leads to an accident, the court might find them partially or fully liable for a motorcycle accident.
- Motorcycle and/or motorcycle part manufacturer. A defective bike, or its parts such as tires, brakes, or transmission, might cause a blowout or mechanical issues that cause a motorcyclist to lose control and have an accident. Any entity in a motorcycle’s chain of distribution might be held responsible for a motorcycle accident.
Recovering Damages After a Motorcycle Accident in South Carolina
If another party’s negligence led to a motorcycle accident and injuries, South Carolina law entitles you to seek damages for losses related to your injury in civil court. South Carolina, like most states, only awards punitive damages in extreme cases of gross negligence and intentional harm. It’s likely that any compensation that the court awards you will be compensatory in nature. Some of the most common compensatory damages include:
- Medical costs including ambulance rides, emergency room visits, surgery, radiology, hospitalization, medication, follow-up visits, and more;
- Rehabilitation expenses including physical therapy and assistive devices such as prosthetic limbs, wheelchairs, canes, etc.;
- Future medical care including long-term and around-the-clock care in the event of a chronic condition or permanent disability;
- Lost wages for days, weeks, or even months away from work because of a motorcycle accident;
- Future lost wages when a severe or catastrophic injury prevents a victim from returning to their job;
- Pain and suffering;
- Loss of consortium; and
- Scarring and disfigurement.
In the event that you have lost a loved one in a motorcycle accident, you will need to contact an attorney to file a wrongful death claim. You may recover some similar types of damages in addition to funeral and burial expenses. Your attorney will guide you through this difficult time and advise you on what particular damages apply to your situation.
Contact a Skilled Florence Motorcycle Accident Attorney
A motorcycle accident has the potential to be a life-changing event that brings ample amounts of physical, mental, and financial pain, anguish, and stress. If you or a loved one has been injured or lost their life in a motorcycle accident in Florence because of a reckless driver, defective motorcycle, or poorly maintained roads, you deserve full and fair compensation for your losses. Let a seasoned motorcycle attorney investigate the accident, speak to potential witnesses, gather relevant documents, and handle all the details of your case while you focus on healing and recovery. Contact the skilled motorcycle accident attorneys at Hughey Law Firm at (843) 881-8644 to determine your eligibility for compensation and advise you on the next steps for your case.