Available 24/7There are over 150,000 registered motorcyclists in South Carolina. Many are able to safely enjoy their motorcycles, using them for both leisure and transportation.
However, the Palmetto State is also known as one of the most dangerous jurisdictions for motorcyclists in both the Southeast and the entire country.
Motorcycle Accident Attorney in Aiken, SC
There is practically no such thing as a minor motorcycle accident. If you or a loved one have been injured in a motorcycle accident, you have legal rights. The Law Office of Taylor S. Braithwaite can stand up for those legal rights as you seek financial compensation. Contact our motorcycle accident lawyer today.
Motorcycle Accidents in Aiken County
In 2019, there were 123 motorcycle accident fatalities in South Carolina. By 2022, the fatality count increased to 154. The number of serious crashes has been increasing in recent years as more people buy motorcycles and drivers become more reckless.
In 2020, there were 62 motorcycle accidents in Aiken County. Motorcyclists suffered injuries in most of those crashes. Four of those 62 accidents resulted in fatalities. Less than one-quarter of the motorcyclists involved in a crash walked away from the accident unhurt.
South Carolina Motorcycle Laws
Motorcyclists in South Carolina have both rights and safety obligations. They have equal rights to everyone else on the road.
Motorcyclists must be specially licensed to drive their bikes. A motorcyclist can qualify for a license by:
- Passing a road skills test and taking a knowledge exam; or
- Completing a motorcycle safety course
A motorcyclist may carry a passenger on their bike if it is designed to carry an additional passenger. South Carolina does not have mandatory helmet laws for operators or passengers over the age of 21. However, insurance companies may try to reduce your financial recovery if you suffered a head injury while not wearing a helmet.
Causes of Motorcycle Accident Injuries
Drivers have a legal obligation to share the road with motorcyclists. A biker is entitled to their own lane in traffic, just like any other motorist. However, drivers are not always safe, nor do they consider the safety of others. Motorcycle accidents can happen when another driver is:
- Speeding
- Driving recklessly or carelessly
- Driving drunk
- Driving distracted
Common Motorcycle Accident Injuries
Motorcyclists will rarely emerge unscathed from an accident. They are largely unprotected on their bikes because there is nothing to shield them from impact with another car or the road. A helmet and safety equipment may reduce the severity of an injury, but they do not necessarily prevent injuries from happening in the first place.
Motorcycle accidents have a fatality rate nearly thirty times higher than a motor vehicle crash. Those who survive the crash are often left with serious injuries that can include:
- Road rash (from body parts skidding across the asphalt)
- Internal injuries and organ damage
- Broken bones and fractures
- Spinal cord injuries
- Traumatic brain injuries
- Cuts and lacerations
- Crush injuries
Motorcycle accident injuries have both economic and non-economic damages. You are eligible to be paid both when you can prove that someone else was to blame for what happened. It is difficult to estimate the value of your case before we can review your own individual situation.
Proving Negligence in Your Motorcycle Accident Case
In order to receive financial compensation for your motorcycle accident injuries, you must prove that someone else was to blame for your accident. In most cases, the responsible party would be another driver on the road who either collided with you or cut ahead of you in traffic.
Other drivers owe you a duty of care on the road, regardless of whether you are in a car. They must exercise reasonable care around motorcyclists, bicyclists, and pedestrians. You are eligible for financial compensation when you can prove that they breached their own duty of care.
Some actions that could be considered negligence in a motorcycle accident case include:
- Making an illegal lane change into your lane because they failed to check their blindspot
- Making a left turn, cutting across your bike
- Running into the back of you because the driver is distracted or speeding
- Cutting you off in traffic, causing you to lose control and fall from your bike
You have the burden of proof to show negligence, so your attorney must gather the necessary evidence to show that the driver failed to uphold their own standard of care.
Defending Yourself from the Insurance Company’s Wrongful Blame
Insurance companies like to take advantage of the perception that motorcyclists are riskier than the average person. This perception is in their own self-interest because they know that motorcycle accident settlements are worth more than other cases, on average. They never miss an opportunity to point a finger at the motorcyclist for their own accident.
Thus, your motorcycle accident legal representation is often as much about defending you as it is about proving that someone else did something wrong.
In South Carolina, you can receive financial compensation so long as someone else was more than 50.1% to blame for your injuries. Your compensation would be reduced by the amount of fault that you bear in the accident. Our job at TSB Injury Law is to preserve your own financial compensation by standing up for you when the insurance company wrongfully tries to blame you.
Contact an Aiken County Motorcycle Accident Attorney Today
Let TSB Injury Law work for you when you or a loved one have been injured in a motorcycle accident. We are a veteran-owned law firm that promises to handle your case in a diligent and straightforward manner.
We leave the hyperbole to others. What matters to us is that you receive service and results.
To schedule your free initial consultation, you can send us a message online or call us today at (803) 220-0000.
