Charleston Motorcycle Accident Lawyer

Motorcycle Accident Attorneys in Charleston, SC

Motorcycles are popular in Charleston and throughout the state, but even the most cautious and experienced riders need to know what to do if they experience an accident. Motorcycles do not have the safety features of enclosed passenger cars, so injuries from motorcycle accidents are more likely to be severe. An experienced Charleston motorcycle accident lawyer can help you recover if you have been injured in this type of accident.

Legal Counsel for Motorcycle Accident Victims in Charleston, SC

The team at Axelrod & Associates, P.A., has extensive professional experience representing injured clients in all types of personal injury cases in Charleston, including those arising from motorcycle crashes. If you or a loved one has recently been injured in a motorcycle accident caused by another driver, it is natural to have lots of pressing legal questions in the aftermath of the incident.

You may have more recovery options available to you than you initially realize, but you face a time limit when it comes to pursuing your recovery. The victim of a motorcycle accident will likely need to file an auto insurance claim against an at-fault driver, followed by a personal injury suit when insurance won’t cover all of their damages. Our team can assist you with these recovery options and will do everything we can to maximize your compensation.

Proving Fault for a Motorcycle Accident

Before you can recover any compensation for the damages you sustained in a motorcycle accident, you must prove exactly how the accident occurred. This means identifying the driver responsible for the collision and gathering evidence to prove that their negligence or intentional misconduct directly caused the accident. Most of the motorcycle accidents reported in the Charleston area result from driver negligence, but they may also happen from illegal actions.

Distracted driving, speeding, and moving violations such as failure to yield the right-of-way are some of the most common examples of driver negligence cited in motorcycle accident claims each year. Proving negligence in any civil claim for damages requires gathering evidence that shows a defendant had a duty of care they breached in some way and consequently caused the damages cited in the claim.

It is also possible for a motorcycle accident to happen due to illegal misconduct like intoxicated driving. If the party responsible for your recent crash caused the accident by breaking the law, they face criminal prosecution along with their civil liability for your damages. This could lead to an enhanced recovery for you in the form of punitive damages and/or restitution awarded to reflect the defendant’s illegal and damaging behavior.

Many types of evidence could come into play in your motorcycle accident case. You could require vehicle computer data, cell phone records, and traffic camera footage from the area around the accident site. Witness testimony could also prove invaluable if anyone saw the accident happen. An experienced attorney may also consult expert witnesses who can provide valuable professional insights on their client’s behalf.

An injured motorcycle accident victim may be unable to collect evidence on their own after an accident due to the severity of their injuries. Medical treatment should be anyone’s priority in the aftermath of a motorcycle crash. After addressing your medical concerns, you should reach out to an experienced Charleston motorcycle accident lawyer right away to start building your case. They will be able to secure evidence you are unable to obtain on your own.

Recovering From a Motorcycle Accident in Charleston

A Charleston motorcycle accident lawyer can help their injured client navigate the insurance claim filing process after their accident. Dealing with an insurance company can be challenging as they are likely to look for any reasons they can find to deny a claim or justify the smallest possible settlement offer. Your attorney can negotiate for you and ensure your claim is handled in good faith.

State law requires drivers to have auto insurance that meets basic coverage requirements, and it is possible to recover compensation up to the limits of the at-fault driver’s policy terms. However, if your damages exceed this amount, the at-fault driver is personally responsible for the remainder. These damages will need to be recovered with a personal injury claim, and you have three years after your accident in which to file this claim.

A successful personal injury claim in Charleston may yield various forms of compensation. The injured plaintiff has the right to seek repayment of all economic damages they suffered from the accident, and they also have the right to claim compensation for the pain and suffering they experienced. State law does not limit pain and suffering compensation in these cases, so this could form the bulk of the plaintiff’s recovery if they sustained serious injuries.

It is important for the plaintiff to remember, however, that if they bear fault for the accident in any measure, it will diminish their recovery under the state’s modified comparative fault rule. Under this rule, a partially at-fault plaintiff may still recover damages as long as they are less than 50% at fault. Their fault percentage is deducted from their case award, and they keep the remainder. If they are 50% or more at fault, they cannot claim compensation from the defendant.

What to Expect From Your Motorcycle Accident Lawyer

The team at Axelrod & Associates, P.A., has the professional experience, resources, and skills necessary to provide effective legal counsel in a wide range of complex civil claims for damages, including motorcycle accident cases. When you choose our firm to represent you, you will have access to a dedicated legal advocate who will answer your questions and guide you through each phase of your case as it unfolds.

Our team knows how local auto insurance carriers process motorcycle accident claims and the tactics they sometimes use to take advantage of injured claimants. Trust our firm to represent you through all stages of the insurance claim filing process until you receive a fair settlement offer. When it comes to filing a personal injury suit against the at-fault driver, we have handled many such cases successfully and will put our experience to work in your case.

FAQs

Q: How Much Is My Motorcycle Accident Claim Worth in Charleston?

A: The potential value of your motorcycle accident claim in Charleston will depend on the overall severity of your damages. You have the right to seek full repayment of any economic losses you suffered from the accident, such as the cost of repairing or replacing your vehicle, your medical bills, and lost income if you are too injured to work. You also have the right to claim pain and suffering compensation from the at-fault driver.

Q: What Are Common Injuries From Motorcycle Accidents?

A: Common injuries from motorcycle accidents include bone fractures, internal organ injuries, traumatic brain injuries, spinal cord injuries, and friction burns from sliding on asphalt after a crash. It is important to remember that a motorcycle accident will often result in severe injuries from the initial impact of the other vehicle, as well as secondary injuries from the victim hitting the ground. Safety gear may mitigate but will not prevent serious injuries.

Q: What Happens if a Motorcycle Accident Causes a Permanent Injury?

A: If a motorcycle accident causes a permanent injury and the accident happened because of a specific driver’s actions, that driver will be liable for the resulting harm to the victim. It may be possible for the victim to recover compensation for immediate and future economic losses resulting from the incident; they are also likely to secure substantial pain and suffering compensation to reflect the severity of the harm they suffered.

Q: Why Should I Hire a Motorcycle Accident Injury Attorney?

A: You should hire a Charleston motorcycle accident lawyer to have the greatest chance of success with your recovery efforts. Even if you believe that fault for your accident is perfectly apparent, the reality is that any motorcycle accident case can entail complex legal issues that you may not know how to address on your own. You are also more likely to maximize your recovery if you have an attorney’s help.

Q: What Does It Cost to Hire a Charleston Motorcycle Accident Lawyer?

A: The cost to hire a Charleston motorcycle accident lawyer can depend on the attorney’s billing policy. Axelrod & Associates, P.A., accepts personal injury cases on a contingency fee basis, so our client only pays a fee if we win their case. Their fee will be a percentage of the total recovered from the defendant, and they pay nothing if we are unable to secure compensation for them. This policy ensures you have access to legal counsel when you need it most.

The team at Axelrod & Associates, P.A., has years of experience representing injured victims in motorcycle accident cases and various other personal injury claims in the Charleston area, and we are ready to put this experience to work for you in your recovery efforts. Contact us today to schedule a free consultation with an experienced Charleston motorcycle accident lawyer regarding your recovery.