Motorcycle Accident Lawyers in Columbia

Skilled Legal Representation for Motorcycle Accident Claims in South Carolina 

If you’re reading this, chances are that you or a loved one has been involved in a motorcycle accident. First and foremost, we understand how difficult this time can be. The physical pain, emotional distress, and financial burden can be overwhelming, and you may feel lost and uncertain about what to do next.

That’s where we come in.

At Smith, Born, Leventis, Taylor & Vega, we represent individuals injured in motorcycle accidents. We understand the unique challenges motorcyclists face on the road and the prejudice they often experience despite being the victims of another driver’s negligence.

That’s why we’re here to help you fight for your legal rights and seek the compensation you deserve.

When you choose us to represent you, you can rest assured that you’ll have a dedicated and experienced legal team.

Our South Carolina personal injury attorneys are committed to delivering customized legal representation to every client we serve. We have a proven history of obtaining the highest possible compensation for motorcyclists who have suffered injuries because of someone else’s negligence.

We won’t rest until we’ve achieved the best possible outcome for you and your family, just like we’ve done for countless other motorcycle accident victims throughout South Carolina.

Have you or a loved one been involved in a motorcycle accident? Our experienced motorcycle accident lawyers in Columbia are here to fight for the compensation you deserve. Call Smith Born Leventis Taylor & Vega, LLC today at (803) 599-2207 or contact us online for a FREE consultation.

Common Motorcycle Accident Injuries & Their Impact

Because motorcycles are smaller than other vehicles and lack a protective barrier, motorcycle accidents often result in more serious injuries for motorcyclists than for other drivers.

These injuries can be life-changing and may include:

• Head injuries. Even with a helmet, riders can suffer concussions, brain bleeds, and other traumatic brain injuries in a collision, leading to long-term cognitive and physical impairment.
• Road rash. Motorcyclists may be thrown from their bikes and slide along the pavement, resulting in painful skin abrasions and infections.
• Spinal cord injuries. Damage to the spinal cord can result in paralysis and other permanent disabilities.
• Fractures & broken bones. The impact of a crash can result in broken bones and fractures, which may require surgery and prolonged rehabilitation.
• Fatal injuries. Sadly, some motorcycle accidents result in wrongful deaths, leaving families to cope with the devastating loss of a loved one.

Motorcycle accidents not only affect victims with physical injuries but also have significant emotional and psychological impacts. Riders may suffer from post-traumatic stress disorder (PTSD), anxiety, and depression following an accident. These psychological injuries can be just as debilitating as physical ones, affecting a person's daily life and ability to work. Furthermore, the recovery process from severe injuries can involve extensive and costly treatments, including multiple surgeries, ongoing physical therapy, and long-term care, adding to the emotional and financial burden.

Common Causes of Motorcycle Accidents

Motorcycle accidents can occur for a variety of reasons. Some of the most common causes of these accidents include the following:

• Driver negligence. This can include a driver failing to see a motorcycle, driving under the influence of drugs or alcohol, or violating traffic laws. These types of behaviors often lead to rear-end crashes.
• Road hazards. Potholes, debris, and uneven pavement can cause motorcyclists to lose control of their bikes and crash.
• Defective equipment. Malfunctioning brakes, tires, or other equipment can prevent a motorcycle from working correctly and lead to an accident.
• Weather conditions. Rain, snow, and ice can make roads slick and dangerous for motorcyclists, especially when visibility is low and other drivers can’t see them.
• Inexperienced riders. Lack of experience or training frequently leads to mistakes and accidents on the road.
• Distracted driving. Drivers distracted by their phones or other vehicle passengers may not see motorcyclists and cause an accident.
• Speeding. Excessive speed can make it difficult for drivers to react to unexpected changes on the road and can increase the severity of a collision.
• Lane splitting. This occurs when a motorcyclist rides between two lanes of stopped or slow-moving traffic. While legal in some states, it can be dangerous and lead to accidents.
• Driving under the influence of prescription medications. Certain medications can impair a driver’s ability to operate a vehicle safely and may increase the likelihood of a motorcycle accident.
• Aggressive driving. Drivers who tailgate, cut off other drivers, or otherwise harass motorcyclists on the road may cause them to lose control of their bikes and crash.

Understanding the root causes of motorcycle accidents can be instrumental in prevention and awareness. It highlights the importance of safety measures such as wearing appropriate protective gear, maintaining your motorcycle in roadworthy condition, and being vigilant about road and weather conditions. By learning defensive driving techniques and adhering to traffic laws, motorcyclists can significantly reduce their risk of accidents. Public education campaigns can also play a vital role in raising awareness among drivers about sharing the road safely with motorcyclists.

Understanding Motorcycle Laws in South Carolina

If you ride a motorcycle in South Carolina, it’s essential to understand the state’s motorcycle laws.

Below are some of the key regulations you should be aware of:

• Riding position. All South Carolina motorcycle riders must sit forward facing with one leg on each side of the seat and both arms on the handlebars.
• Lane use. No more than two motorcycles can be next to each other while driving in a single lane.
• Helmets. In South Carolina, if you’re under 21 and are operating or riding on a motorcycle or other two-wheeled vehicle, you must wear a helmet that meets specific safety standards. The helmet must have a neck or chin strap and be reflective on both sides. These laws are intended to promote safety and prevent injuries in motorcycle accidents, as helmets can significantly reduce the risk of head injuries in the event of a crash.
• Goggles & face shields. If you are under 21 and operating a motorcycle or other two-wheeled vehicle, you must wear goggles or a face shield that meets specific safety standards. The South Carolina Department of Public Safety is responsible for creating and updating regulations regarding approved types of goggles and face shields and their specifications.
• Footrests. Any motorcycles designed to carry a passenger must have footrests for passengers and drivers.

Abiding by South Carolina’s motorcycle laws is not just about legality; it’s a crucial step in ensuring the safety of all road users. By understanding and following these regulations, riders can better protect themselves and others from avoidable accidents. Educational initiatives by local governments and rider communities can help reinforce these laws, creating a culture of safety and responsibility on the roads. Regularly revisiting and refreshing your knowledge of motorcycle laws can be beneficial, especially as new laws and amendments are introduced, enhancing your ability to react appropriately in varied riding situations.

Navigating the Legal Landscape of South Carolina Roads

Columbia and its surrounding areas have specific road conditions and traffic patterns that can contribute to motorcycle accidents. Combining high-traffic areas, rural roads, and frequent road construction can create challenging environments for riders. Additionally, certain intersections in Columbia are notorious for accidents, making local knowledge and awareness critical for motorcyclists. Understanding South Carolina's traffic laws, including those specific to motorcycles, aids in navigating these hurdles safely.

Being equipped with legal and practical knowledge when riding in Columbia can vastly improve safety and preparedness. Smith Born Leventis Taylor & Vega, LLC is familiar with these local nuances and can provide essential guidance regarding your rights and obligations on the road. By leveraging this local expertise, we assist our clients in reducing risk and effectively navigating the legal landscape of South Carolina's motorcycle laws, helping to ensure that our clients feel confident and secure on the road.

What Should I Do After a Motorcycle Accident?

If you’ve been involved in a motorcycle accident, it’s essential to take the appropriate steps to protect your health and legal rights.

Here’s what you should do immediately after a motorcycle accident:

1. Seek medical attention. Even if you feel fine, getting a medical evaluation is crucial to ensure that you haven’t sustained any internal injuries. Additionally, failure to seek prompt medical attention often makes it more challenging to prove your injuries are related to your accident.
2. Contact the police. Report the accident to the police and provide accurate information about what happened. Their report will provide helpful evidence in a personal injury claim.
3. Document the scene. Take pictures of the accident scene, including any damage to your bike and the other vehicle involved and any visible injuries.
4. Gather information. Collect the names and contact information of any witnesses and the other driver involved in the accident.
5. Don’t admit fault. Avoid apologizing or admitting fault, as this can be used against you in a legal proceeding.
6. Contact a personal injury attorney. A skilled motorcycle accident attorney can help you understand your legal rights and guide you through seeking compensation for your injuries and losses.

Ensuring your rights are protected following an accident is crucial, not just for legal purposes but also for your peace of mind. By paying attention to these steps, you help create a comprehensive record that can significantly aid in any legal processes that may follow. Prompt medical attention safeguards your health and establishes medical documentation linking your injuries directly to the accident. Immediately contacting law enforcement ensures an official report detailing the accident's events, which is invaluable when pursuing compensation.

What Types of Financial Compensation Can I Get After a Motorcycle Accident?

If another driver’s negligence caused the accident that led to your injuries, you might be entitled to the following compensation through a personal injury lawsuit:

• Medical expenses. This includes the cost of emergency treatment, hospitalization, surgeries, medications, rehabilitation, and all ongoing medical care.
• Lost income. If your injuries prevent you from working, you may be entitled to compensation for lost wages and earning capacity.
• Pain and suffering. This can include compensation for physical and emotional pain, suffering, and diminished quality of life.
• Property damage. This includes the cost of repairing or replacing your motorcycle, as well as any other property that was damaged in the accident.
• Wrongful death. If you’ve lost a loved one in a motorcycle accident, you may be entitled to compensation for funeral expenses, lost income, and other damages.

Understanding your potential financial recovery options can provide significant reassurance after an accident. It's important to document all related expenses and keep track of treatment plans and costs incurred during recovery. Having detailed records will aid you in demonstrating the full extent of your damages for negotiation purposes. Aside from economic losses, the emotional toll of an accident is substantial, and compensation for pain and suffering is aimed at helping victims attain some semblance of normalcy and dignity in life following a traumatic event. Consulting with a knowledgeable attorney can help you receive comprehensive compensation tailored to your needs.

How Long Do I Have to File an Injury Claim in South Carolina?

In South Carolina, the statute of limitations for personal injury cases, including motorcycle accidents, is generally 3 years from the accident date.

If you want to file a lawsuit seeking compensation for your injuries and losses, you must do so within 3 years from the accident date, or you may lose your right to pursue a claim.

However, it’s important to note that there may be exceptions to this rule, depending on the circumstances of your case. For example, if the at-fault party is a government entity, the deadline to file a claim may be much shorter.

To ensure you don’t miss any important deadlines or forfeit your legal rights, talk to an attorney as soon as possible after your accident.

Understanding the statute of limitations is crucial, as it determines the timeframe for legal action. Procrastination in seeking legal advice can adversely affect your ability to recover damages. It's also worth noting that while 3 years is the standard period, certain complexities in your situation could affect this timing, such as the involvement of minors or incapacitated individuals. Acting promptly by consulting a legal professional ensures that all possible exceptions and considerations specific to your case are explored and addressed appropriately, safeguarding your right to seek justice.

Contact Our Motorcycle Accident Attorneys in Columbia Today

If you’ve been injured in a motorcycle accident, you must hire an experienced motorcycle accident attorney in Columbia to protect your rights. At Smith, Born, Leventis, Taylor & Vega, our accident attorneys will gather evidence to support your claim and negotiate with insurance companies to get maximum financial compensation.

We work on a contingency fee basis, meaning you don’t pay us anything unless we win.

Our team of skilled lawyers will handle every aspect of your claim so you can focus on your recovery. 

If you’ve been injured in a motorcycle accident, don’t wait to seek legal help. Reach out to our skilled motorcycle accident lawyers in Columbia now to discuss your case and explore your legal options.

Frequently Asked Questions About Motorcycle Accidents

What Should I Avoid Saying to Insurance Companies After an Accident?

After a motorcycle accident, you should cautiously approach any communications with insurance companies. Their goal is often to reduce the payout they need to make, which might lead them to use your statements against you. Avoid giving recorded statements or definite figures about the accident details or your injuries without consulting a motorcycle accident lawyer in Columbia. Refrain from using phrases that suggest admission of fault or uncertainty, such as "I think," "I guess," or "It was my fault."

Instead, only provide basic details like your name, contact, and insurance information. Direct more detailed inquiries to your attorney, who can speak on your behalf and ensure you do not inadvertently harm your position by making a claim. An experienced attorney will protect your interests by managing the legal discourse and helping secure a fair settlement.

How Is Fault Determined in a Motorcycle Accident?

In a motorcycle accident, determining fault involves analyzing evidence from the accident scene, witness accounts, and sometimes expert evaluations. Police reports are crucial, as they often contain objective observations and an initial determination of fault, which may influence insurance companies and any legal proceedings. Both drivers’ actions leading up to the accident are scrutinized for any violations of traffic laws, such as speeding or running a red light.

South Carolina follows a comparative negligence rule, meaning that you can still recover damages even if you are found to be partially at fault, as long as you're not more than 50% responsible. However, your compensation would be reduced by your percentage of fault, emphasizing the importance of effectively arguing your position. Legal representation is invaluable in these cases to advocate on your behalf and ensure all aspects are considered.

What Are the Common Misconceptions About Motorcycle Accident Claims?

One of the prevalent misconceptions about motorcycle accident claims is that they are straightforward and require little legal guidance, but this couldn’t be further from the truth. Claims can be complex due to the nature of motorcycle accidents, which often result in serious injuries impacting long-term well-being and financial stability. Another common myth is that filing a claim will automatically be insurmountable because of perceived bias against motorcyclists; however, with a well-presented case, fair compensation is achievable.

It's also widely believed that riders without helmets cannot make claims for injuries sustained in accidents. While helmet use can influence the outcome of a claim and any compensation awarded, it does not negate the right to seek damages entirely. The efficacy of a claim significantly increases with professional legal guidance in navigating these complexities.

How Does South Carolina's Weather Affect Motorcycle Safety?

South Carolina’s weather can significantly influence motorcycle safety. A warm climate offers an extended riding season, but riders must remain vigilant due to sudden changes in weather conditions. Rain showers can appear unexpectedly, making roads slick and reducing visibility, increasing the risk of accidents. Moreover, periods of high humidity and heat during the summer require riders to ensure they are hydrated and their bikes are well-maintained to prevent mechanical failures.

Understanding these weather patterns and preparing accordingly is crucial to riding safely in Columbia. Riders should regularly check local forecasts and road conditions and perform routine maintenance on their motorcycles to adjust tire pressure and ensure optimal performance. By taking proactive measures and staying informed about changing weather, motorcycle enthusiasts can enjoy safer journeys on South Carolina roads.