Best Motorcycle Accident Lawyers in Charleston

FAQs

• What is the non-emergency contact number for the local police station in Charleston, South Carolina?

  (843) 743-7200 is the contact number for Charleston County Consolidated Dispatch for Non-Emergencies.

• Where can you get a copy of the police report for the accident in Charleston, South Carolina?

  To request a copy of the police report for your motorcycle accident, call the Charleston Police Department Records Office at (843) 577-7434, then press "1" for records. If you wish to make the report request in person, visit the Charleston Police Department at 180 Lockwood Boulevard Charleston, SC 29403. Ensure that you have the following:

  1. State-issued license/ID
  2. Date of the accident
  3. Location of the accident

  Each police report costs $5.

• Is there a cap on the damages you can claim for motorcycle accident injuries in Charleston?

  For non-economic damages, like pain and suffering, there is no cap on the amount the victim can claim under South Carolina law. For punitive damages, the amount cannot be more than three times the actual damages or $500,000, whichever is greater. The cap on punitive damages is removed for exceptional situations, such as when the party at fault is convicted of a felony in relation to the accident. Economic damages are calculated based on the injured party’s documentation, including medical and salary reports.

• What is the time limit for filing a claim for motorcycle accident injuries in Charleston?

  According to the South Carolina Code of Law Section 15-3-530, a motorcycle accident victim has three years from the date of the accident to file a lawsuit. After the time limit expires, the victim loses the right to claim compensation.

• Can mechanics and repair shops be held liable for a motorcycle accident in Charleston?

  Yes, the mechanic or repair shop that worked on the at-fault party's vehicle may be included in the accident lawsuit. The injured party must prove four elements: negligence of duty of care, breach of duty, causation, and damages. Shoddy repair work on wheels and tires is among the causes of collisions in the state, according to the South Carolina Department of Public Safety.

• How much does a motorcycle accident lawyer in Charleston cost?

  Most accident lawyers in Charleston represent clients on a contingency basis and collect no fees upfront. The lawyer collects fees only after a settlement or verdict is successfully achieved. Generally, personal injury lawyers receive 33% of the settlement or award. If the injured client does not recover compensation, no fee is paid to the lawyer. Not all contingency arrangements are the same. It is essential for the client to discuss the details with their lawyer.

• What are the deadliest roads in Charleston for motorcycle riders?

  U.S. Highway 17, International Boulevard, and Interstate 526 are the roads where most fatal motorcycle crashes occur in Charleston. Some of the common causes of motorcycle accidents in the metro are failure to stop at a red light, speeding, and distracted driving.

• What does a motorcycle accident attorney do?

  Motorcycle accident attorneys provide legal advice, negotiate with insurance companies, and represent accident victims in and out of court. They investigate the cause of collisions, establish fault, value claims, prepare legal documents, and fight to recover adequate compensation for their clients. Most lawyers in this practice area also handle car and truck accidents and other personal injury claims.

• What is my motorcycle accident injury claim worth?

  Injured motorcyclists may be eligible for several types of compensation depending on their losses, state of residence, and level of fault. Whether or not they were wearing a helmet may also come into play. A lawyer can help to evaluate claims based on medical expenses, property damage, past and future lost wages, loss of earning capacity, pain and suffering, and emotional trauma.

• How long after a motorcycle accident can you claim an injury?

  The statute of limitations for personal injury claims is typically two years from the date of the accident. However, each state has its own rules. In Tennessee and Louisiana, for example, victims of motorcycle accidents have just one year to file a lawsuit. In Maine, Minnesota, and North Dakota, individuals have up to six years to initiate a claim.

• What is the average settlement for a motorcycle accident injury?

  Based on eight years of national data, the average verdict in motorcycle accident cases ranges from $74,000 to $560,000. Also note that the majority of claims are settled out of court. Riders may receive compensatory damages for medical bills, property damage, and lost wages, as well as general damages for emotional trauma, pain and suffering, and loss of consortium. Additionally, in states that follow a comparative negligence model, the plaintiff’s claim may be reduced according to his or her level of fault.

• What is the first thing I should do after a motorcycle accident?

  The steps that you take immediately after a collision can be instrumental in proving an accident or injury claim. In general, you should follow these guidelines:

  • Gather insurance and contact information from the other driver and any witnesses.
  • Contact law enforcement to report the collision and complete an accident report.
  • Document injuries, property damage, and road conditions.
  • Visit a doctor or hospital within 24 hours.
  • Avoid discussing the accident with the other driver or their insurance company.

  
  

• How does the motorcycle injury claim process work?

  Motorcycle accident cases typically start with an insurance claim. After documenting their client’s losses and establishing fault, attorneys generally prepare a demand letter requesting compensation from the other driver’s insurance company. It can take anywhere from one to six months for insurance adjusters to make a settlement offer. If the company denies the claim or the parties can’t reach an agreement, the lawyer can prepare a notice of intent to sue and file a formal lawsuit with the appropriate court.

• How do many motorcycle crashes happen?

  The most common causes for motorcycle collisions are drunk driving, exceeding the speed limit, and left turns. In 42% of all motorcycle collision fatalities, another vehicle turned left in front of an oncoming motorcycle. Motorcycle accidents are also caused by dangerous road conditions, such as crumbling pavement, debris in the road, and potholes. Other factors that contribute to motorcycle accidents include unsafe lane changes, sudden stops, lane splitting, inexperienced drivers, motorcycle defects, and car doors opened in the path of a motorcycle.

• How many motorcyclists get into accidents?

  In 2017, of the over 8 million motorcycle riders that year, approximately 89,000 were injured in motorcycle accidents and over 5,000 motorcycle collisions resulted in fatalities. The fatality rate for 100 million miles driven is 25.67, which is largely attributed to the lack of helmet use. Most fatal crashes involving motorcycles happened during the heaviest traffic times between 3 p.m. and 9 p.m.

• Are motorcycles more dangerous than cars?

  Motorcycles are more dangerous than cars because they lack any protection for the rider in the event of an accident. Motorcyclists are 27 times more likely to die in a crash and more than five times more likely to be injured than those riding in enclosed vehicles. Because of their small size, motorcycles’ lack of visibility is a major contributing factor in collisions with other vehicles. Motorcycles are also more vulnerable to weather conditions and road hazards than other automobiles.

• How do you check a motorcycle after a crash?

  For a minor crash with no injuries, the immediate danger is being struck again by oncoming traffic, so moving your bike off of the road as soon as possible is imperative. Check your mirrors, brake lights, headlight, and controls. You should also check to make sure there is no leaking fluid, such as fuel or oil.