Should I Get a Lawyer for a Motorcycle Accident?

If you or someone you love suffered injuries in a motorcycle crash, getting a lawyer is a very wise decision. A motorcycle accident can leave you with serious injuries, mounting medical bills, and a damaged bike. While you focus on healing, an expert motorcycle accident attorney can handle the complex legal and insurance processes for you, fighting to protect your rights and pursuing the fair compensation you deserve. The details of why and when you should seek legal help are crucial for making an informed choice about your future.

Key Takeaways about Why You Should Get a Lawyer for a Motorcycle Accident

• Hiring a lawyer for a motorcycle accident can be beneficial, particularly when dealing with serious injuries or disputes over fault.
• Insurance companies often have interests that conflict with those of the injured rider, and their goal is typically to minimize claim payouts.
• An attorney can investigate the crash, calculate the full extent of damages (including future costs), and negotiate with insurers on the rider’s behalf.
• South Carolina’s comparative negligence laws can reduce or even bar financial recovery if a rider is found partially to blame, making legal representation important for protecting a claim.
• Many personal injury lawyers work on a contingency fee basis, meaning there are no attorney fees unless they recover money for the client.

Why Motorcycle Accidents Are Different

Riding a motorcycle offers a sense of freedom that’s hard to match. Whether you’re cruising over the Arthur Ravenel Jr. Bridge with a view of the Charleston harbor or enjoying a scenic ride through the Lowcountry, you experience the road in a unique way. Unfortunately, that same exposure makes riders incredibly vulnerable in a crash. Unlike occupants of a passenger car, a motorcyclist has very little protection from the force of an impact.

This often leads to severe injuries, even in what might seem like a minor collision. An accident that would be a simple fender-bender for a car can result in life-altering harm for a rider. Beyond the physical risks, injured motorcyclists frequently face an unfair bias. Insurance companies and even juries sometimes hold onto a stereotype of riders as reckless thrill-seekers. This prejudice can be used to unfairly shift blame for an accident, even when the other driver was clearly at fault. An experienced motorcycle accident lawyer understands this bias and knows how to counter it with facts and evidence, ensuring your side of the story is heard.

The Insurance Company Is Not on Your Side

Shortly after a motorcycle accident, you will likely be contacted by an insurance adjuster from the at-fault party’s insurance company. It is important to remember that this person, while they may sound friendly and helpful, works for the insurance company. The primary goal of any insurer is to protect its financial interests, which means paying out as little as possible on claims.

Adjusters use several common tactics to try and reduce the value of your claim, including:

• Offering a Quick Settlement: They may offer you a settlement amount quickly, sometimes before you even know the full extent of your injuries. This offer is almost always far less than what your claim is actually worth, but it can be tempting when bills are piling up.
• Requesting a Recorded Statement: An adjuster will often ask to record a conversation with you about the accident. They can then use your own words, taken out of context, to find inconsistencies or ways to assign fault to you.
• Downplaying Your Injuries: They might question the severity of your injuries or suggest that your medical treatments are unnecessary.

Having a lawyer creates a protective barrier. Your attorney will handle all communications with the insurance companies for you. They will provide only the necessary information and prevent you from accidentally saying something that could harm your case. This allows you to focus completely on your physical and emotional recovery without the stress of dealing with aggressive adjusters.

Understanding What Your Claim Is Really Worth

One of the most difficult parts of a personal injury claim is figuring out what fair compensation truly looks like. It’s not just about the medical bills you have today; it’s about all the ways the accident will impact your life, now and in the future. Without legal experience, it is easy to overlook significant costs, leaving you with unpaid expenses down the road.

A thorough claim should account for all of your losses, which are known as “damages” in a legal context. These can include:

• Medical Expenses: This covers everything from the initial emergency room visit and hospital stay to future surgeries, physical therapy, medication, and any necessary medical equipment;
• Lost Income: If your injuries prevent you from working, you can be compensated for the wages you have already lost as well as any reduction in your ability to earn an income in the future;
• Pain and Suffering: This compensates you for the physical pain and emotional distress caused by the accident and your injuries;
• Property Damage: This includes the cost to repair or replace your motorcycle, helmet, and any other personal property that was damaged in the crash.

An attorney can work with medical professionals and financial analysts to accurately calculate the full, long-term cost of your injuries. This ensures that any settlement demand covers not just your current needs but also your future ones.

Navigating South Carolina’s Fault Laws

South Carolina operates under a legal rule known as “modified comparative negligence.” This is a critical concept to understand because it can directly affect your ability to recover money. In simple terms, this law states that you can still be awarded damages even if you were partially at fault for the accident, as long as your share of the blame is not more than the other party’s (or parties’).

Under this rule, your total compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 20% responsible for the crash, your award would be reduced by 20%, to $80,000. However, if you are found to be 51% or more at fault, you are barred from recovering any compensation at all.

Insurance companies are very aware of this law and will often try to use it to their advantage. They may look for any reason to shift blame onto you—claiming you were speeding, changing lanes improperly, or were otherwise negligent—in order to reduce or completely deny your claim. A skilled motorcycle accident lawyer will fight back against these unfounded accusations and work to protect your right to compensation.

The Importance of Acting in a Timely Manner

After an injury, the last thing you want to think about is legal deadlines. However, South Carolina law sets a strict time limit for filing a personal injury lawsuit, known as the statute of limitations. In most cases, you have three years from the date of the accident to file a claim.

While three years might sound like a long time, it can pass very quickly when you are dealing with medical treatments and recovery. It is also important to act promptly because evidence can be lost over time. Witnesses may move or their memories may fade, and physical evidence from the crash scene can disappear. Contacting an attorney sooner rather than later allows them to begin their investigation while the evidence is still fresh, which can significantly strengthen your case.

What if I Can’t Afford a Lawyer?

This is one of the most common concerns for people who have been injured, and it prevents many from seeking the legal help they need. The good news is that most personal injury law firms, including those handling motorcycle accident cases, work on a contingency fee basis. This payment structure is designed to make quality legal help affordable for everyone.

The phrase you might hear from our firm is “no win, no fee.” This means:

• You do not pay any upfront costs to hire our lawyer;
• The attorney’s fees are a pre-agreed-upon percentage of the money they recover for you;
• If your lawyer does not win a settlement or verdict in your favor, you owe them nothing in attorney’s fees.

This arrangement removes the financial risk from you and allows you to get experienced legal representation without worrying about the cost. It aligns your lawyer’s interests with yours—they are motivated to secure the best possible outcome for you.

Finding a Motorcycle Accident Lawyer Near Me in South Carolina

When you start looking for legal help, you might search for a “motorcycle accident lawyer near me.” Finding an attorney who is familiar with the local area is a definite plus. They will understand the roads you ride on, the local court systems, and the community. For example, a lawyer in the Charleston area will be familiar with the unique traffic challenges on I-26 or the dangers riders can face on rural roads in Berkeley County.

When choosing an attorney, consider the following:

• Relevant Experience: Look for a lawyer and a firm with a demonstrated history of handling personal injury claims, specifically those involving motorcycle accidents;
• A Proven Track Record: Ask about their past results and their willingness to take a case to trial if an insurance company refuses to be fair;
• Client Communication: You should feel comfortable with the lawyer and confident that they will keep you informed about the progress of your case;
• Contingency Fee Agreement: Make sure you understand how the firm is paid and confirm they offer a “no win, no fee” structure.

The right lawyer will not only have the necessary legal skills but will also treat you with the compassion and respect you deserve during this difficult time.

Getting a Lawyer for a Motorcycle Accident FAQs

Here are answers to some other common questions that arise after a motorcycle crash in South Carolina.

What happens if the other driver was uninsured or underinsured?

If the at-fault driver has no insurance or not enough to cover your damages, you may still be able to recover compensation through your own insurance policy’s Uninsured/Underinsured Motorist (UM/UIM) coverage. An attorney can help you file this type of claim, which can sometimes be just as complex as dealing with the other driver’s insurer.

Should I talk to the other driver’s insurance company?

It is generally not advisable to speak with the other party’s insurance adjuster without first consulting an attorney. They may try to get you to admit partial fault or say something that damages your claim. It is best to politely decline to give a statement and direct them to your lawyer.

What information should I gather for my first meeting with a lawyer?

For your initial consultation, it is helpful to bring any documents you have related to the accident. This includes the police report, photos or videos of the scene and your injuries, medical records and bills you have received so far, and any correspondence you’ve had with insurance companies.

Contact a South Carolina Personal Injury Attorney Today

Deciding to hire a lawyer after a motorcycle accident is a significant step toward protecting your well-being and financial future. You don’t have to face the legal process and the insurance companies by yourself. An experienced and compassionate legal team can stand by your side, handle the complex details of your claim, and fight for the justice you deserve.

If you have been injured in a motorcycle accident in the Charleston, Mt. Pleasant, or surrounding South Carolina areas, the team at Hughey Law Firm is here to help. With a record of securing over $300 million in verdicts and settlements for our clients, we have the experience to stand up to big insurance companies. We offer a free, no-obligation consultation to discuss your case and answer your questions. 

Contact us today at (843) 881-8644 or through our online form to learn more about your legal options. 

Nathan Hughey

Nathan Hughey, an attorney and fourth-generation South Carolinian, founded Hughey Law Firm in 2007. Before that, he spent five years defending nursing homes and insurance companies. Leveraging his experience, he now advocates for those injured or wronged by such entities, securing over $290 million in verdicts and settlements.