You love that time out on the road on your motorcycle. It’s an escape from the daily grind, even if you’re just riding to work each day. Being involved in an accident, however, can quickly suck the joy out of those memories. Because motorcycles offer little protection from the road or other vehicles, a motorcycle accident can cause catastrophic injuries.
If you have sustained injuries in a motorcycle accident that wasn’t your fault, you may need legal help to assist you in navigating the often difficult process of recovering the compensation you deserve for your injuries. Contact the Hughey Law Firm today at (843) 881-8644 to learn more about how we may be able to help.
Hughey Law Firm: Our Results in Motorcycle Accident Cases
The number of South Carolina motorcycle accidents has risen sharply in recent years—by almost 36 percent between 2012 and 2016. The number of deaths has grown, too, in that period, from 109 to 148.
The Hughey Law Firm has helped. In one notable case, we helped a client who was struck by a truck while riding his motorcycle to recover more than $2 million in damages. We have also dealt with many other motorcycle accident and auto accident liability cases, resulting in significant settlements for our clients. One trucking accident, for example, resulted in compensation of more than $5 million. We also have several auto accident cases that recovered our clients more than $1.5 million. The damages any particular client can expect to recover for an accident will vary based on the injuries, the circumstances of the accident, and other factors.
The Most Common Injuries in Motorcycle Accident Cases
Even a minor motorcycle accident can lead to serious injury. If your head strikes the pavement or another obstacle, even if you’re wearing a helmet, you may suffer from traumatic brain injury, which can lead to difficulty concentrating, a struggle to complete simple daily tasks, and memory problems. Other common motorcycle accident injuries include:
- Spinal cord injuries and paralysis
- Broken bones
- Whiplash
- Strains and sprains
- Contusions and cuts
- Burns
- Road rash
Establishing Liability After a Motorcycle Accident
Sometimes, determining liability in a motorcycle accident is fairly simple, such as when a car driver failed to see an oncoming motorcycle and turned directly into its path. In other cases, however, assigning fault may not be so clear-cut. Consider these scenarios.
- If the driver who struck you was drunk, the location that over-served them may be liable. Many bars and restaurants have policies that allow them to cut someone off before they become excessively drunk. Under a new South Carolina dram shop law that went into effect in 2017, the failure to cut off someone that they know will then be driving can result in the bar or restaurant bearing partial liability for injuries their patron causes behind the wheel.
- The company who employees a driver may bear partial liability in an accident with a commercial vehicle. If the company has, for example, required the driver to work for too many hours, leaving them drowsy behind the wheel, they may bear partial liability. The company may also bear partial liability if the driver is known for reckless driving or if the driver is known to have been in multiple accidents in the past, but is still employed by the company.
- If a road feature is poorly designed or maintained, the public or private entity responsible for it may be liable. In some cases, a road may have a defective design that makes it dangerous for motorcycles, or it may have been so poorly maintained that its surface is not safe for motorcyclists. In those cases, an injured biker may have a right to seek compensation from a government agency or private road owner for injuries resulting from an accident caused by the road design or condition.
Determining liability in a motorcycle accident case can be trickier than you think. Working with an attorney, however, may allow you to more effectively determine who bears liability in your case.
Common Damages Recovered In Motorcycle Accident Matters
The damages that a victim might recover after a motorcycle accident can vary by the circumstances. Attorneys must take into account the severity of the injuries, the number of individuals or entities involved in your accident, and the nature of insurance coverage, among other factors. However, there are several common categories of damages that attorneys routinely seek on behalf of their clients in motorcycle accident cases, such as:
- Payment intended to cover medical expenses associated with your accident
- Compensation that will allow you to make alterations to your home if needed as a result of your accident
- Coverage for property damaged in the accident, including your motorcycle, your cell phone, and other expensive possessions you may have been carrying during the accident
- Payment for your pain and suffering
- Compensation for wages lost as a result of your accident and injuries
- Compensation for lost earning potential as a result of permanent or long-term injuries
- Payment for funeral and burial expenses when an individual is killed as a result of a motorcycle accident
A Lawyer Can Help After a Motorcycle Accident
There are a couple of common strategies parties at fault and their insurance companies use to avoid liability for damages relating to a motorcycle accident. The responsible party may try to avoid admitting fault, insisting that you were responsible for the accident or that it was caused by factors beyond their control. They may try to insist that there was no violation of a duty of care, which would mean that they aren’t responsible for your injuries. An insurance company, for its part, may try to get you to accept a low settlement offer that doesn’t cover your expenses as a result of the accident. Working with a lawyer can help protect you from these tactics and recover the maximum compensation available.
Contact a Summerville Motorcycle Accident Lawyer Today
At the Hughey Law Firm, we’re dedicated to providing compassionate legal support to our clients. We offer a free initial consultation to all potential clients. We also have agreed to represent many of our clients on a contingent fee basis, with payment required only if our client receives compensation as a result of our efforts on the client’s behalf.
At the Hughey Law Firm, we represent victims of Summerville-area motorcycle accidents. Contact us today at (843) 881-8644 to learn more.