No matter the type of vehicle, all motor vehicle drivers are responsible for driving carefully and taking care of other road users, including motorcyclists. Motorcycles do not offer the same protection as vehicles, putting riders at higher risks of sustaining serious injuries if they are involved in accidents.
If you or your loved one has sustained injuries in a motorcycle accident, the Charleston motorcycle accident attorneys from Lesemann & Associates are more than ready to help. We are prepared to ensure you and your family get the compensation you deserve.
We acknowledge that the aftermath of a motorcycle accident can be overwhelming. You might be wondering whether to contact the insurance company or wait for the other party to call you. You might also be wondering who should pay for the medical expenses and other damages. Our motorcycle accident attorneys can offer the legal advice and representation you need throughout the process.
Types of Motorcycle Accident Injuries
Since motorcyclists do not have much protection like motor vehicle drivers, they are more prone to sustaining severe injuries in case of an accident. Typically, motorcyclists encounter two impacts in a motorcycle accident: one impact with another vehicle and another with the road.
The severity of your injuries depends on the force of the impact you or the other at-fault driver was going. Some of the most common motorcycle injuries in Charleston include:
- Road rash
- Broken bones
- Traumatic brain injury
- Severe burns
- Internal bleeding
- Spinal cord injuries
- Neck injuries
- Leg and foot fractures
- Internal organ damage
In addition to these injuries, the wages you lose, the scare, and the psychological complications you experience after the accident compound your pain and suffering. To return your life close to or the way it was before the accident, you need to work with a motorcycle accident attorney.
The attorneys at Lesemann will check the severity of your injuries to ensure you get the compensation you deserve. We are ready to ensure that the settlement will cover ongoing and future medical costs, lost wages, and the endured pain and suffering due to the accident.
Who is at Fault in a Motorcycle Accident?
Like most of the states in our country, South Carolina is also an at-fault accident state. It means that the motorist causing the accident is responsible for all the damages. This includes any financial responsibility for property damages and medical injuries for everyone else involved in the accident.
If you are involved in a motorcycle accident and believe that the other motorist was at-fault, you must prove that they were negligent. This may include showing that the at-fault party violated the "standard of care" and proving that the at-fault party's negligence caused the damages or injuries.
South Carolina operates under a comparative negligence standard. It means that you can still recover compensation if you are partially responsible for the accident. However, you cannot receive compensation if you are more than 50% at fault.
Therefore, it is advisable to contact a lawyer to help you understand your legal options. At Lesemann & Associates, we have handled many similar cases. We can assist you in determining fault, the extent of the damage, and other factors that may affect your motorcycle accident case.
The Importance of Hiring a Motorcycle Accident Attorney
Hiring a Charleston motorcycle attorney is the best thing you can do after being involved in an accident. Since these accidents can cause a lot of costly damages, you don't have to pay for anything if you did not cause the accident.
Here are some of the benefits of hiring a motorcycle accident attorney:
- Seeking Compensation- While you can seek compensation alone, seeking compensation with the help of a lawyer improves your chances of getting better compensation. Without a lawyer, you might have to file a lawsuit, negotiate with insurance adjusters or prove to the court why you deserve compensation on your own. However, our attorneys will help you handle everything.
- Gathering the Necessary Evidence- Most victims struggle with collecting substantial evidence after an accident. However, motorcycle accident lawyers know the type of evidence you need to prove liability. At Lesemann & Associates, we will collect videos, eyewitness testimonies, and photos to ensure you have a strong case.
Before filing a lawsuit, you will probably meet the at-fault or their insurance company. Providing this evidence during negotiations will allow them to pay you before going to court.
- Filing the Right Paperwork- You need a lot of paperwork to file for a motorcycle accident claim. It may be challenging to complete this process, mainly if you have never done it before. Our motorcycle accident attorneys will help you get the paperwork you need for your case. The best thing is that they will explain each document's importance to avoid getting confused through the process.
- Avoiding Delays- Paperwork is not the only thing that requires a lot of time during the legal process. Each step requires attention and time. Unless you have a lawyer by your side, you will most likely encounter several delays before you receive compensation.
Our motorcycle accidents lawyers will actively participate in the whole process to ensure that you don't have to wait for a long time to receive your compensation. Hiring a lawyer is the best and fastest approach to seeking compensation since it shows the urgency that the insurance company and the judges need to see.
Schedule a Consultation with Charleston Motorcycle Accident Attorneys
Recovering from a motorcycle accident can be overwhelming. You may suffer lost wages and incur expenses to cater for medical bills. Luckily, we are here to help. While it is difficult to change what happened, we are committed to ensuring that your rights are protected and receive rightful compensation faster. Contact us today to schedule a consultation with Charleston motorcycle accident attorneys at Lesemann & Associates.
Motorcycle Accidents FAQ
What Should I Do Immediately After A Charleston Motorcycle Accident?
Immediately after a motorcycle accident in Charleston, there are a few things you should do to protect yourself and ensure safety. Here is what to do:
- Move to a safe area, if possible
- Call the police and first responders
- Gather information about the other driver and anyone else involved in the accident
- Document the scene by taking photos of the accident scene, injuries, and damage to your motorcycle
- Seek medical treatment
- Notify your insurance provider
When Should I Consult A Motorcycle Accident Attorney After My Accident?
Consult a motorcycle accident attorney as quickly as possible after your crash. The sooner you hire a skilled attorney to take on your case, the better your chances of getting the compensation you deserve for your damages. Hiring a motorcycle attorney can be a particularly good idea if
- You or anyone involved in the accident has suffered serious injuries
- There is a liability dispute regarding liability
- You encounter challenges or disagreements with insurance companies
- You are dealing with complex legal procedures
Do I Have A Valid Motorcycle Accident Injury Claim?
Establishing the validity of a motorcycle accident injury claim can be challenging and requires an extensive analysis of the circumstances surrounding your case. We will use the following factors to assess the validity of your claim:
- Liability: Liability is one of the factors used to determine if you have a valid claim in South Carolina. You may have a valid lawsuit if another person’s negligence caused the accident.
- Damages: For your claim to be considered valid, you must have suffered damages such as pain and suffering, major injuries, property damage, or lost wages. Documenting and preserving relevant evidence is crucial for determining the damages suffered.
- Causation: To establish causation in your motorcycle injury claim, you must prove that the injuries and damages suffered occurred due to negligence.
What Damages Can I Recover In A South Carolina Motorcycle Accident Claim?
As the victim of a South Carolina motorcycle accident, you may be entitled to recover the following damages:
- You can recover compensation for all medical expenses related to your injuries.
- You can recover the costs of repairing or replacing your motorcycle and other properties damaged in the crash.
- If your injuries prevent you from working, you can pursue compensation for the wages lost during the recovery period.
- You can also receive compensation for emotional distress, loss of independence, and diminished quality of life.
How Long Do I Have To File A Motorcycle Accident Lawsuit In SC?
Under South Carolina law, you have three years from the date of the Motorcycle accident to file a lawsuit for your damages. The sooner you launch your claim, the better. Otherwise, waiting too long after the time limit expires can result in your case being dismissed by the court, preventing you from pursuing legal recourse.