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    Riding a motorcycle on a country roadEvery biker knows that it’s about more than getting from Point A to Point B – it’s a lifestyle! Motorcycles represent fun and freedom. They build communities of like-minded people who share a unique identity and fierce independent streak. Yet, motorcycles also pose unique risks. Due to the limited protection afforded to riders in accidents, bike wrecks result in numerous severe injuries and fatalities. Annually, thousands of motorcyclists lose their lives, with tens of thousands suffering significant injuries in crashes across the country.

    According to the South Carolina Department of Public Safety in 2021, there were roughly 160 fatal motorcycle collisions and 1,500 injury collisions. Data from Texas A&M Transportation Institute shows a whopping 28 percent of all motorcycle accidents resulted in at least one fatality. That’s a stark contrast with the four percent fatality rate in regular automobile crashes. Unfortunately, the problems seem to only be getting worse. Motorcycle accident fatalities have continued to surge in recent years, while deaths from other types of traffic collisions have declined.

    Have you been in a South Carolina motorcycle accident?

    Has someone you love been killed while riding a motorcycle? Many accidents are caused by other motorists’ failure to see motorcyclists, leading them to unfairly blame the biker for the wreck. Don’t trust the insurance company’s version of the events. Have your claim reviewed by an experienced motorcycle lawyer today.

    If your motorcycle crash was caused by another driver, a South Carolina motorcycle accident lawyer can discuss your legal options. Our attorneys at Joye Law Firm may be able to help you seek financial compensation to cover your medical bills, lost income, and other costs of your accident

    The days and weeks following a serious motorcycle accident are stressful and confusing. Let our South Carolina injury attorneys help you through it. Respect, compassion, and trusted guidance are what you will receive from our highly regarded lawyers and staff. Since 1968, we have helped injured people recover not just the money they deserve, but also their lives.

    Let us help you, too. Call Joye Law Firm. You can reach us at (877) 941-1019 or fill out an online form for a free case review.

    How Our Motorcycle Accident Attorneys Can Help You

    If another driver caused the motorcycle accident that led to your injuries, an attorney at Joye Law Firm can help you seek compensation for your medical bills and other accident-related expenses and losses. We handle accident cases on a contingent fee basis so you can have experienced legal representation without any upfront costs to you. The Joye Law Firm’s “No Fee Guarantee” allows you to get the representation you need without any financial risk. Since we work on a contingency fee basis, you won’t pay lawyer fees unless we secure a settlement on your behalf.

    When we take on an accident case, we take care of all the details. That allows you to concentrate on getting well, while we handle all insurance company paperwork and claims forms.

    We start by gathering the evidence you need to build a strong case for compensation for your injuries. Attorney taking notes

    Under South Carolina law, the driver responsible for causing an accident may be held liable for the injuries and other damages they cause to others. In some cases, a company that employs a negligent driver can also be held liable for an accident their employee causes.  In both scenarios, the responsible parties may seek to shift the blame for the wreck in order to minimize their payouts to the victims. These shady tactics, along with a persistent anti-biker bias in the insurance industry, can leave an injured biker struggling to get the compensation they’re owed.

    Sometimes, bike wrecks aren’t caused by other drivers at all. If faulty road designs, debris, or potholes in the road caused or contributed to a motorcycle crash, the law says the government agency responsible for road maintenance may be held liable by the injured motorcyclist or their family members. While getting money from an insurance company is difficult, seeking fair compensation from state or local governments presents a host of complex issues and red tape. Bikers facing off against a governmental agency should always have an attorney on their side.

    Once we determine liability, your attorneys will contact the at-fault party’s insurance company. We will send a demand for payment backed up by evidence demonstrating their policyholder’s liability and justifying the amount of compensation you are due.

    If our aggressive negotiations do not persuade the other side to do what is right, we can file a lawsuit on your behalf. Most accident cases are settled through negotiations, but we prepare each case so that we are ready to go to trial, if necessary.

    Recently, our team advocated for a motorcyclist in Lancaster County, S.C. Our client, who was on a 2012 Suzuki DL650 V-Strom, endured a traumatic brain injury and multiple fractures. Attorney Sydney Lynn secured a $1.35 million settlement by firmly establishing the facts, liability, and damages. This compensation covered all medical expenses, including hospital stays, surgeries, and rehabilitation. We’re delighted to report that our client has made an impressive recovery.

    Common Injuries Caused by Motorcycle Accidents

    Do you recognize on the list below the injuries that you or your loved one suffered in a motorcycle accident?

    These are among the most common motorcycle accident injuries:

    Very often, bike wrecks involve multiple impacts. A biker can suffer an initial impact injury from being hit by a car or truck, and a secondary impact injury from hitting the asphalt, ground, guardrail, or other surfaces. They may also be thrown from their bike and left vulnerable to being hit by another passing vehicle. Or, they can be at risk of being dragged by another vehicle or impacted by their falling motorcycle or other debris.

    Motorcyclists are nearly 24 times more likely to die in an accident than drivers and passengers in cars and trucks, according to the National Highway Traffic Safety Administration (NHTSA). Sadly, most of these deaths are avoidable. While there is nothing we can do to change to past, we can help protect your future.

    Compensation for Motorcycle Injuries in South Carolina

    Motorcycle injury

    In South Carolina, the individuals and organizations found to be liable for an accident may be compelled, by law, to compensate the injured motorcyclist and/or their immediate family for:

    • Medical expenses, including all medical care and treatment, medication, rehabilitation, and/or ongoing custodial care in cases of disability
    • Lost income, including future losses due to lost earning capacity
    • Property damage to the motorcycle and/or other personal property
    • Burial costs (in a fatal accident and wrongful death claim)
    • Disfigurement
    • Physical impairment
    • Pain and suffering
    • Emotional distress
    • Loss of society and companionship
    • Loss of consortium
    • Other monetary losses directly associated with the accident and injuries

    In special cases, like drunk-driving wrecks, where the at-fault party’s conduct was found to be especially poor, the injured motorcyclist can seek punitive damages. Punitive damages are designed to punish the willful, wanton, or reckless behavior on the part of the other driver. South Carolina limits punitive damages in injury cases to triple the damages awarded for economic loss or $699,761, whichever is more.

    South Carolina’s Helmet Law and Other Motorcycle Safety Notes

    Injured biker

    In South Carolina, helmets are only required for motorcycle riders younger than 21 years old. Even though a helmet isn’t required for riders over 21, it’s still a good idea to wear one. Helmets are lifesavers for riders of all ages.

    NHTSA says helmets are estimated to be 37 percent effective for preventing fatal injuries to riders, and 41 percent for passengers. This means that for every 100 riders killed in crashes while not wearing helmets, 37 of them could have been saved had they all worn helmets.

    Regardless of what you choose, your decision whether or not to wear a helmet does NOT affect liability for an accident. The driver or other party responsible for your injuries can’t weaponize your helmet use (or lack thereof) against you.

    Here are some other SC motorcycle laws to be familiar with:

    • Motorcycles are entitled to the full use of a lane, and other vehicles should not intrude on a motorcyclist’s lane.
    • Motorcyclists are permitted to ride two abreast in a single lane, but no more than two side-by-side. However, passing a motor vehicle in the same lane and “lane splitting” — operating a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles — is illegal.
    • Motorcyclists are allowed to treat a stoplight like a stop sign and go straight through a red light after coming to a complete stop and waiting 120 seconds before proceeding with due care.
    • In addition to helmets, riders younger than 21 are required to wear goggles or face shields, unless they are riding a motorcycle with a windshield.

    Joye Law Firm and Paul Sr. from OCC

    We’ve partnered with Paul Teutul Sr. of American Chopper and Orange County Choppers for one simple reason: Paul Sr. knows motorcycles and Joye Law Firm knows motorcycle law. It’s part of a nationwide pact with other motorcycle accident attorneys from across the country who’ve banded together to help fight the anti-biker bias that motorcyclists face when trying to get fair treatment from insurance companies.

    Injured riders face a difficult path to compensation after crashes. The stigma that follows motorcyclists on roads follows them into insurance claims, and it’s something we’ve encountered countless times when handling accident cases. To level the playing field, Paul Sr. is helping us raise awareness of bikers’ rights under the law.

    Our message is “Back Off My Bike!” on the roadways and in the courtroom. And we speak for all South Carolina motorcyclists when we say it.

     

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    Contact Our Motorcycle Accident Law Firm

    If you or a family member of yours has been injured in a motorcycle accident in South Carolina, contact Joye Law for a free legal consultation. We have offices in Charleston, Myrtle Beach, Clinton, Summerville, and Columbia and take cases from anywhere in South Carolina.

    You could be entitled to insurance compensation that will make you and your family whole again financially. But to make an insurance company live up to its obligations, you need a motorcycle injury attorney who knows the law and will fight for your rights and interests.

    Our South Carolina motorcycle accident lawyers have over 300 years of combined experience successfully representing injured South Carolinians and their families.

    There is no charge to talk with a lawyer at Joye Law Firm about your accident and no obligation to hire us as your attorneys after we’ve talked. Contact us to set up an appointment at your convenience today. Keep in mind that South Carolina personal injury or wrongful death claims must be brought within a certain amount of time after the injury occurred, so don’t delay in contacting us to get started.

     

    Paul Teutul Sr. is a Paid Non-Attorney Spokesperson. Orange County Choppers is a registered trademark of Orange County Choppers, Inc.

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