All bikers know that riding a motorcycle is about far more than just getting from one place to another.
For motorcycle enthusiasts, biking is a lifestyle. Being a biker is about feeling the freedom and exhilaration of riding in the open air, and being part of a community of like-minded people who have the same passion. However, all bikers also understand the risks they face every time they get on their motorcycle. It is for this reason that the vast majority of bikers exercise great care and caution.
Unfortunately, the precautions motorcyclists take sometimes are not enough. They, too, can become involved in a crash and when they are, they suffer some of the most catastrophic injuries. If you or someone you love has been hurt, our Spartanburg accident lawyer can help you obtain the fair damages you deserve.
Important Motorcycle Laws in Spartanburg
It is critical that everyone in Spartanburg, both bikers and other motorists, understand the motorcycle laws in the state. Knowing and complying with the law not only ensures that people are kept safe on the roads, but it can also shield you from liability if an accident does occur. Some of the most important motorcycle laws in Spartanburg, and throughout South Carolina are as follows:
- Riders younger than 21 years old are required to wear a motorcycle helmet any time they are on a bike. While not required by the law, all bikers are advised to wear a motorcycle helmet while on a bike
- Riders younger than 21 must also wear a face shield or goggles unless they are riding a motorcycle with a windshield
- Like other motorists, bikers have the right to full use of a lane and other motorists should not impede on a biker’s lane
- Bikers are legally allowed to ride side-by-side in a single lane, but no more than two bikers can ride in this manner
- Lane splitting, which occurs when a biker travels between two lanes of traffic, is strictly prohibited under the law
- Under the ‘dead red law,’ motorcyclists can treat a red stop light like a stop sign as long as they wait at the red light for 120 seconds, or two minutes, before proceeding through the intersection
Understanding the law is of the utmost importance when you file a motorcycle accident claim. For example, if a motorcyclist was hurt while they were lane splitting, they likely would not be entitled to any compensation because they were acting illegally at the time.
Determining Liability for a Motorcycle Accident
South Carolina is a tort state. Under the law, accident victims can file a claim with the liable party’s insurance company in order to recover compensation. After an accident victim proves their case, the insurer is then responsible for paying damages up to the liable party’s insurance policy limit. As such, if a driver causes a motorcycle accident, their insurance company is responsible for paying compensation.
In some cases, when an employee is performing their employment duties and causes a motorcycle accident, their employer can also be held vicariously liable for the crash. In each of these cases, the liable parties often try to shift blame to the motorcyclist. This tactic, along with the unjust bias against bikers can make it more challenging for injured bikers to receive the full compensation that is justly theirs.
There are times when other drivers are not liable for a motorcycle accident. If potholes, debris in the roadway, or a faulty road design caused or contributed to the crash, the government agency responsible for maintaining those roads may be liable. While obtaining full compensation from an insurance company is difficult, filing a claim against a government agency poses unique challenges.
Our Spartanburg motorcycle accident lawyers know how to overcome these so you obtain the full settlement you deserve.
Common Motorcycle Accident Injuries
Motorcyclists have very little protection when they are on their bikes. With little more than a motorcycle helmet to protect them, they are extremely vulnerable to sustaining serious injuries when they are involved in a crash. Some of the most severe, and most common, injuries suffered in a crash are as follows:
- Bruises and lacerations, also known as ‘road rash,’ which can result in serious infections
- Fractures of the legs, feet, arms, and hands
- Broken bones, particularly the collarbone
- Damage to internal organs
- Traumatic brain injuries
- Neck and back injuries
- Spinal cord injuries, including paralysis
- Wrongful death
It is not uncommon for bikers to become injured due to multiple impacts. A motorcyclist can become initially hurt after being hit by another vehicle. They then will also likely suffer secondary injuries after being thrown from their bike and hitting the ground, a guardrail, or another vehicle. In some cases, the combination of these injuries is too great for the biker to survive. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 22 times more likely to be killed in a crash than drivers of other vehicles.
Compensation Available for Motorcycle Injuries
If you are successful with your motorcycle accident claim, you can obtain compensation for any loss you suffered as a result. Some of the most common types of damages in these cases include:
- Medical expenses, including rehabilitation, medication, medical treatment, and ongoing custodial care for disability
- Lost income, including employment bonuses, benefits, sick pay, and vacation pay
- Property damage to the motorcycle and other personal items
- Physical impairment
- Disfigurement
- Emotional distress
- Pain and suffering
- Loss of society and companionship
- Loss of consortium
- Any other loss directly caused by the motorcycle accident
In certain cases, motorcyclists can also obtain punitive damages after a crash. Unlike the above types of damages, these are not meant to compensate you for the losses you sustained in the crash.
Instead, they are meant to punish the liable party and deter them from behaving in the same manner in the future. Punitive damages are not always awarded and in fact, they are quite rare.
However, if the defendant engaged in egregious behavior, such as drunk driving, punitive damages may apply in your case.
The Statute of Limitations on Motorcycle Accident Claims
As with all personal injury claims in Spartanburg, those involving motorcycle accidents are governed by a statute of limitations. The statute of limitations is the amount of time you have to file your claim.
In South Carolina, the statute of limitations is three years from the date of the motorcycle accident. If you fail to file your claim within this time, you will forfeit your right to claim any damages at all.
Three years is not a long time. Before filing, your Spartanburg motorcycle accident lawyer must conduct a full investigation, collect evidence to support your case, accurately value your claim, and more. All of this takes time and so, it is important that you speak with an attorney as soon as possible.
Call Our Motorcycle Accident Lawyer in Spartanburg for a Free Case Review
Motorcyclists face a great deal of bias when filing accident claims. At McCravy, Newlon, Sturkie, & Clardy, our Spartanburg motorcycle accident lawyer can help you overcome this, and the other challenges these claims present, so you obtain the full and fair settlement that is rightfully yours.
Call us today at 866-MCCRAVY or contact us online to schedule a free review of your case with one of our experienced attorneys and to get the strong representation you need.