Myrtle Beach Motorcycle Accidents Lawyer
South Carolina is one of the most beautiful states for motorcycle riding, but it is not immune to motorcycle crashes. The Post and Courier declared in a July 2017 headline that South Carolina was “one of the Southeast’s most dangerous states for motorcyclists” after statistics showed that the state’s average annual fatality rate for motorcyclists was second only to Mississippi among nine Southeast states. The Post and Courier noted that the number of motorcyclists killed in South Carolina in 2015 was the most of that century.
Even when people are fortunate enough to survive their motorcycle accidents, the injuries they sustain can lead to significant challenges. Some people may not ever be able to make full recoveries and could be forced to deal with a lifetime of limitations.
Did you suffer serious injuries or was your loved one killed in a motorcycle accident in the greater Myrtle Beach area? You should quickly seek legal representation for help protecting your rights and obtaining the compensation you need and deserve. The Law Office of William J. Luse represents clients in Myrtle Beach, Little River, North Myrtle Beach, Surfside Beach, Socastee, Conway, and several nearby communities in Marion County, Horry County, and Georgetown County. Call us today at (843) 839-4795 to schedule a free consultation to discuss the details of your case with a Myrtle Beach motorcycle accident attorney.
Why Do I Need a Motorcycle Accident Lawyer?
Some motorcycle accident victims assume that negligent drivers were clearly at fault for their injuries and that claims filed with those insurance companies will not be complicated. Insurers do not make their money by promptly paying injury claims, and they often search for any way possible to avoid or minimize their payments.
One common tactic used by insurance companies is to have representatives contact victims and express concern and a willingness to take care of them. These offers are usually insincere, as most agents then ask victims questions that are specifically designed to get victims to unknowingly make recorded statements that will ultimately be used to prove their own negligence, thus damaging their claim.
An insurer will frequently argue that a motorcyclist’s own negligence caused or contributed to their injuries, but some insurance companies will offer victims lump sum settlement to resolve their cases. The victims will often be told that they will not have to share these amounts with an attorney, but the settlement being offered is usually nowhere near what a person is actually entitled to.
You want an attorney to ensure that you recover as much compensation as possible. A lawyer will have a vested interest in seeing that you get the biggest possible recovery, and they will conduct an independent investigation of your crash to determine the cause and identify liable parties, and then negotiate for a full and fair settlement.
Why Choose The Law Office of William J. Luse?
William J. Luse has more than a decade of legal experience and was named a Top Ten Personal Injury Attorney by Attorney and Practice Magazine, was included among the Best Attorneys of America by Best Attorneys of America, LLC, and was also among the 10 Best Attorneys from the American Institute of Personal Injury Attorneys. He is a member of the South Carolina Association for Justice and the National Employment Lawyers Association.
It is a firm belief of the Law Office of William J. Luse that a victim’s full story needs to be understood and told in order for their case to resonate with a jury. Our firm will not view you as just another case number, but will sit down and take the time to learn more about who you are and how your injuries have affected your life.
We will negotiate for a just settlement that covers all of the expenses you have incurred or will incur because of your injuries. The Law Office of William J. Luse will not hesitate to file a lawsuit when an insurance company does not make an acceptable offer.
You should know that our firm also represents clients on a contingency fee basis. This means that you will not pay one cent for our services unless you receive a financial award.
Motorcycle Accident Cases We Handle
Certain kinds of motorcycle accident causes are more prevalent than others. Some types of collisions make causes easier to pinpoint, and some of the most common kinds of motorcycle accidents in South Carolina include, but are not limited to:
- Distracted Driving Accidents
- Left or Right Turn Accidents
- Rear-End Accidents
- Drunk or Drugged Driving Accidents
- Lane Change Accidents
- Driver Fatigue
Not all motorcycle crashes involve other vehicles. Some accidents are completely isolated incidents, but these crashes may not have been caused by negligent operation of a motorcycle.
Such accidents could be the result of defective motorcycle parts that make the part manufacturer liable. If a motorcycle was improperly repaired, the maintenance provider could be responsible.
Most motorcycle crash victims suffer serious injuries. Not only does this lead to an immense number of medical expenses, but it also results in significant time away from work.
Some of the most frequent injuries suffered by motorcyclists include, but are not limited to:
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Internal organ injuries
- Neck injuries
- Road rash
South Carolina requires all motorcycle operators and passengers under 21 years of age to wear a helmet, and many insurance companies will try to argue that a victim’s decision to not wear a helmet makes them responsible for their injuries. This argument obviously ignores that a negligent driver remains the underlying cause of a victim’s injuries, and you will want a lawyer for help countering any claims about your failure to wear a helmet.
Frequently Asked Questions About Motorcycle Accidents in South Carolina
To ease confusion and stress after a motorcycle accident, we have included the answers to some of the questions we hear most at our office below.
What should I do if I was involved in a motorcycle accident in South Carolina?
Your first priority after a motorcycle accident needs to be seeking medical care. This is true even if you do not think you were hurt. Remember that some serious injuries involve delayed symptoms that may not become apparent for several days or even weeks. If you wait to go to a hospital, an insurance company will very likely argue that the delay in treatment is evidence that the injuries were not severe, or not caused by your accident. If you are able, you should also photograph the scene of your accident and get pictures from various distances and angles. Also collect the contact information of any individuals who saw your crash, and ask a friend or family member to take these steps for you if you are unable because of the need for medical attention. Perhaps most importantly, be sure to contact the Law Office of William J. Luse as soon as possible.
Can I still recover damages if I was partially at fault for my truck accident?
The Supreme Court of South Carolina made comparative negligence the law of South Carolina with its decision in Nelson vs. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991). In that case, the court ruled that for all causes of action arising on or after July 1, 1991, a plaintiff in a negligence action could recover damages when their negligence is not greater than that of the defendant. The amount of recovery would also be reduced in proportion to the amount of the plaintiff’s negligence. Under comparative negligence, a person awarded $100,000 in a motorcycle accident but found to have been 45 percent at fault will have their award reduced by $45,000 and ultimately receive $55,000.
How long do I have to file a lawsuit for my truck accident?
Under South Carolina Code § 15-3-530, a person has three years to commence an injury action. While the three-year statute of limitations also applies to wrongful death cases, the limitations period begins on the date of an accident in an injury case but begins on the date of a person’s death in a wrongful death action. In any case, you should not assume that you can wait three years to take action on your case, as many elements of motorcycle claims are extremely time-sensitive.
Motorcycle Accident Statistics
The 2016 South Carolina Traffic Collision Fact Book from the South Carolina Department of Public Safety (SCDPS) reported that there were 148 fatalities from collisions involving motorcycles in 2016. This was a 5.0 percent increase from the 141 fatalities reported in 2015 and a 35.8 percent increase from the 109 fatalities reported in 2012.
According to the Fact Book, motorcycles were involved in 1,786 injury collisions and 470 property damage only (PDO) collisions in 2016. In addition to the 148 people killed in 139 fatal collisions, 2,0776 people were injured in 1,728 injury collisions.
The Fact Book stated that South Carolina had a registration fatality rate of 12.8, which was the highest since the 13.3 reported in 2007. SCDPS reported that 68.24 of fatally injured motorcyclists, 59.47 percent of non-fatally injured motorcyclists, and 47.50 percent of uninjured motorcyclists were not wearing helmets, translating to 57.32 percent of all motorcyclists in these accidents not wearing helmets.
Contact a Myrtle Beach Motorcycle Accident Attorney Today
If you sustained severe injuries or your loved one was killed in a motorcycle crash in Myrtle Beach, you should not wait to retain legal counsel. You could be entitled to compensation for all of your medical bills, lost wages, and other damages. The Law Office of William J. Luse is committed to helping motorcycle accident victims get justice. Call (843) 839-4795 or contact us online to have our lawyer provide an honest and thorough evaluation of your case during a free consultation.