For nearly four decades, the Rock Hill injury attorneys of McKinney, Tucker & Lemel LLC, have protected the rights of injured motorcyclists and their families. Our lawyers know how these crashes are different from other types of crashes. We use that experience and knowledge to seek maximum compensation for our clients.
Our law firm is all about the people we serve. If you recently suffered injuries in a motorcycle collision in Rock Hill, Fort Mill or elsewhere in York, Chester or Lancaster counties, or if you lost a loved one in a crash, you can count on us to work hard for you. Our attorneys know what is at stake. We will aggressively pursue all compensation you are due for your medical expenses, lost wages, pain, suffering and more.
To speak with a compassionate motorcycle accident lawyer about your case, contact us today and receive a free and confidential consultation.
- 1 Rock Hill Motorcycle Accident Attorney
- 1.1 Motorcycle crashes often result in severe injuries
- 1.2 Many motorcyclists die from their crash-related injuries
- 1.3 Insurance companies frequently claim that the motorcyclist was at fault
- 1.4 If you did not wear a motorcycle helmet, the insurance company will try to use it against you
- 1.5 Many motorcyclists suffer harm in hit-and-run crashes
- 2 What should I do if I’ve been in a motorcycle accident?
- 3 How much time do I have to file a claim after a motorcycle accident in South Carolina?
- 4 Are motorcycle accidents more common than car accidents?
- 5 How do motorcycle accidents happen?
- 6 What kinds of injuries typically occur from a motorcycle accident?
- 7 How is fault determined in a motorcycle accident?
- 8 Can I still get compensation for my injuries if the accident was partly my fault?
- 9 How Can Our Motorcycle Accident Lawyers Help You After a Motorcycle Crash?
- 10 Our Rock Hill Motorcycle Accident Attorneys Are Ready to Help You
Rock Hill Motorcycle Accident Attorney
If you suffered serious injury or lost a loved one in a motorcycle wreck in South Carolina, you should work with a lawyer who understands what makes these cases different. They are not the same as other types of motor vehicle accidents. As our law firm has seen, some of the most important differences are:
Motorcycle crashes often result in severe injuries
Unlike car riders, motorcyclists have no structure, air bags or seat belts to protect them in a crash. Even if they wear helmets and other safety gear, they can suffer devastating injuries in a collision with a car such as:
- Head and brain injuries
- Back and spinal cord injuries
- Dental injuries
- Eye injuries
- Broken bones
- Burns (including friction burns, or “road rash”).
Our attorneys know how these injuries change people’s lives. We focus on making sure our clients get the medical care they need, and we pursue compensation that addresses the impact on their ability to work and enjoy their lives.
The S.C. Department of Public Safety reports that, over the past decade, 109 people have died each year, on average, in motorcycle wrecks in our state. If your loved one died in a motorcycle crash that another person’s negligence caused, then you may have the right to pursue a wrongful death and/or survival claim.
Our lawyers have experience handling the unique, challenging issues that those claims present. We can determine your eligibility to pursue a wrongful death lawsuit and assess the potential damages available to you such as compensation for funeral and burial expenses and loss of your loved one’s financial contributions.
Insurance companies frequently claim that the motorcyclist was at fault
Unfortunately, many motorists in South Carolina do not know how to share the road safely with motorcyclists. Car drivers often cause crashes due to negligence such as:
- Failing to yield the right of way to motorcycles at intersections
- Trying to share a lane with a motorcycle
- Making left or right turns in front of motorcycles
- Failing to keep a proper lookout for motorcycles
- Following too close, or “tailigating” motorcycles.
Unfortunately, if your own negligence contributed to your motorcycle crash, then under South Carolina law, your damages can be reduced according to the degree of fault assigned to you. If you are 51 percent or more at fault, you may be barred from recovering anything. This is why insurance companies look for ways to blame motorcyclists for crashes.
The motorcycle accident lawyers in Rock Hill, SC at McKinney, Tucker & Lemel LLC, our legal team knows that a thorough investigation of a motorcycle accident and consultation with knowledgeable experts is the best way to counter this insurance company tactic. We work hard to uncover the facts that establish our clients’ rights to a full and fair recovery and that defeat insurance company attempts to deny or minimize claims.
If you did not wear a motorcycle helmet, the insurance company will try to use it against you
Studies and statistics show that motorcycle helmets save lives and help prevent brain injury. That is why our law firm always encourages motorcycle riders to wear helmets when they are on the road. However, unless you are under age 21, you have the right in South Carolina to ride without a helmet. If you were helmet-free at the time of your crash, we will not let the insurance company get away with trying to use that fact against you.
Many motorcyclists suffer harm in hit-and-run crashes
In most motor vehicle accident cases, you will file a claim against the driver who hit you. However, in many motorcycle crashes, the car driver flees the scene and cannot be identified. If you or your loved one suffered injuries in this type of hit-and-run accident, our law firm can help you to pursue options that may include filing a claim through your own uninsured motorist (UM) coverage. We know how to tackle the challenges that these claims often present.
What should I do if I’ve been in a motorcycle accident?
After a crash, you should follow these steps to protect yourself and your right to compensation:
- Call for help. You may need to call 911 for immediate medical attention. You should also report the accident to law enforcement. A police report that documents the details of the accident will be very important to your insurance claim.
- Collect information and save evidence. Along with the police report, you will need insurance and contact information for the other driver and contact information for any witnesses. Photos of your motorcycle and any other vehicle that was involved in the crash are also helpful. Take photos of your injuries, as well.
- Seek medical treatment immediately. Getting proper treatment will give you the best chance of recovery. It will also ensure your injuries are documented for your personal injury claim.
- Contact a motorcycle accident attorney. An attorney from McKinney, Tucker & Lemel LLC will handle all the details of your claim and ensure your rights are protected. Let us deal with the insurance company and fight for the full compensation you deserve.
- Keep all bills, receipts, and paperwork. It’s essential to keep track of all the expenses you incur due to your injury. Keep any documents related to medical care, medication, and any services you require during your recovery. Also save any communication you receive from the insurance company.
How much time do I have to file a claim after a motorcycle accident in South Carolina?
Motorcycle accident claims fall under the area of personal injury law. The South Carolina statute of limitations for most personal injury claims is three years. That means that if you were injured in a motorcycle accident caused by another motorist, you need to file a claim for compensation within three years from the date of the accident.
It’s best to talk to an attorney as soon as possible after an accident to ensure a timely investigation is conducted and evidence is preserved. A lot of work goes into preparing to file a personal injury claim. So the sooner you speak with a lawyer, the better.
Are motorcycle accidents more common than car accidents?
Car accidents are more common than motorcycle accidents because there are more cars on the road. However, motorcyclists injured in accidents are much more seriously hurt and more likely to die as a result. According to National Highway Traffic Safety Administration data, motorcycle riders are 28 times more likely to die from collisions than occupants of passenger vehicles.
How do motorcycle accidents happen?
Most accidents happen when at least one driver fails to adhere to safe driving practices. Common causes of motorcycle accidents include:
- Distracted driving
- Fatigued driving
- Driving under the influence of alcohol or drugs
- Following a motorcycle too closely
- Changing lanes without looking and striking a motorcycle or running it off the road
- Making unsafe turns in front of motorcycles
- Not checking the car’s blind spots and missing a motorcycle
Unsafe road conditions and defective parts can also cause motorcyclists to lose control and crash, even when there’s no one else on the road.
What kinds of injuries typically occur from a motorcycle accident?
People who ride motorcycles aren’t protected by an exterior structure, crumple zones, airbags, or other safety features that passenger vehicles provide. This exposure makes riders especially vulnerable to injury. Some of the most common motorcycle accident injuries include:
- Cuts, abrasions, and road rash
- Bone fractures
- Internal bleeding
- Traumatic brain injuries
- Spinal cord injuries
Usually, motorcycle accident victims have immediately obvious injuries. However, sometimes they suffer injuries that are not apparent until hours or days after the collision. It is crucial to see a doctor as soon as possible after a crash to ensure your injuries are properly diagnosed and promptly treated.
How is fault determined in a motorcycle accident?
To hold the other driver responsible for damages, you must prove that the driver’s negligence led to the crash. The person making a claim (the plaintiff) must demonstrate that:
- The other driver was not careful. All drivers have a duty to drive safely and follow traffic rules. The law compares the driver’s conduct with what a “reasonable person” would do.
- The other driver caused the plaintiff’s injuries. Medical records must indicate that the accident directly caused the injuries.
- The injuries from the accident caused the plaintiff to suffer damages. Expenses incurred for medical treatment and the loss of wages from missing work help prove that you suffered compensable losses. Your attorney will also help you account for future losses and intangible losses such as pain and suffering.
You can’t just say that the other person caused your accident. You have to prove it with evidence. An experienced motorcycle lawyer from McKinney, Tucker & Lemel LLC will conduct a thorough investigation of the accident and gather all pertinent evidence to demonstrate that the other party was responsible for your crash.
Can I still get compensation for my injuries if the accident was partly my fault?
Yes, but it depends on how much you’re found to be at fault for the accident. Insurance companies and courts take each driver’s negligence into consideration to determine how much each party is liable for the accident. You can recover compensation according to the percentage assigned to you. If you’re found to be 51 percent or more at fault in South Carolina, you will be barred from recovering any compensation.
How Can Our Motorcycle Accident Lawyers Help You After a Motorcycle Crash?
Since our law firm was established in 1977, we have always puts our clients first. It starts with our lawyers taking the time to listen to you during your free consultation. We will learn what happened to you and understand how your motorcycle crash has affected your life and the lives of your loved ones. We will focus on achieving a result that meets your unique needs and goals.
We will use our skill and experience to establish your claim for a financial recovery, including compensation for:
- Property damage (including costs of repairing or replacing your motorcycle)
- Past and future medical and rehabilitation expenses
- Loss of income and diminished future earning ability
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Wrongful death damages (if your loved one died in the crash)
- Punitive damages (if appropriate).
We will be aggressive in our pursuit of damages for you. While you focus on your health and your family, we will deal directly with the insurance company. If necessary, we will be ready to go to trial and present the strongest case possible on your behalf.
If an insurance company contacts you after your motorcycle crash, you can simply refer the insurer to our law firm. You should not agree to give a recorded statement or access to your medical records, and you should not accept a settlement offer, until you talk first with a lawyer from our firm.
Our Rock Hill Motorcycle Accident Attorneys Are Ready to Help You
The motorcycle accident injury attorneys in Rock Hill, SC of McKinney, Tucker & Lemel LLC, know that no amount of money can undo the harm you or a loved one suffered in a motorcycle crash. However, we can be a strong advocate for you and pursue compensation that can help you to move forward in life with the sense of security you deserve.
If you were hurt in a motorcycle accident in Rock Hill, Fort Mill or a surrounding community in York, Chester or Lancaster counties, contact us for professional and compassionate legal representation. You can call or reach us online today.