4701 Oleander Drive, Suite A
Myrtle Beach, SC 29577
Motorcycles offer a fun way to get around and engage with friends. However, as many riders understand, motorcycle accidents are fairly common. Drivers often fail to check their blind spots properly and miss small vehicles like motorcycles. Because motorcycles do not provide the safety features that most cars and trucks do, motorcycle accident injuries are often severe or life-threatening.
Though accidents can be scary, you have many legal rights as a motorcyclist in South Carolina. It is important to understand these rights and take proper legal action in the case of a collision. Preparing yourself can help you react calmly and rationally if you experience an accident.
After a South Carolina motorcycle accident, you will face a motorcycle accident claim through your insurance and the insurance of any other parties involved. To navigate your case properly and receive the compensation that you deserve, you need a Myrtle Beach motorcycle accident attorney to help you.
With over 100 years of combined experience, the motorcycle accident lawyers at Axelrod & Associates are here for you if you have been hurt in a motorcycle crash in SC.
We support the Myrtle Beach Bike Week Spring Rally, the Myrtle Beach Bike Week Fall Rally, and the Atlantic Beach Bikefest each year. Some of us are motorcyclists, and we are serious about helping injured bikers recover maximum compensation from reckless drivers.
Look twice, save a life.
Your SC motorcycle accident attorney on the Axelrod team has the experience that you need to investigate your crash, demand full compensation from the insurance company, and take your case to trial unless you receive the maximum compensation that you are entitled to under SC law.
If you have been hurt in a motorcycle crash in SC, call Axelrod & Associates at 843-353-3449 or complete our contact form to talk with an attorney who has the experience you need, who cares about your case, and who will do everything possible to recover maximum compensation for you.
If you or a family member have been injured in a motorcycle crash, your attorney on the Axelrod team will:
If you have been involved in an auto accident, you may have questions.
Below, we provide some general information, but you should contact a Myrtle Beach motorcycle crash attorney immediately to discuss the specifics of your case and to find out what your options are.
The at-fault driver must compensate you for all damages that we can prove and that were caused by their negligence, including:
SC law does not require you to wear a motorcycle helmet if you are 21 or older. Therefore, it is not negligence per se if you are not wearing a helmet, and the SC Supreme Court has held that 1) comparative negligence does not apply and 2) assumption of the risk does not apply.
If you were under the age of 21 and you did not wear a helmet, the defense will argue that you were “comparatively negligent,” especially if you suffered head injuries. That doesn’t necessarily prevent you from recovering damages, though. If you are 50% or less at fault, you still recover damages, but your recovery is reduced by the percentage that you are at fault.
Some people may be biased against motorcyclists, including insurance adjusters, some jurors, and some judges. The court system, however, is not.
These streets and highways are yours, just as they belong to other motorists. And you have a right to expect other motorists to follow the traffic laws and to take care not to hurt others on the roads.
When a reckless, careless, or drunk driver causes you to crash, the law says they are responsible for the damage they caused. Even jurors who are initially biased against motorcyclists understand when they hear the facts of a case and what the law says they are to do about it.
Motorcycle accident lawsuits are usually accepted on a contingency basis like other personal injury cases. You pay nothing unless we win your case.
SC follows a modified comparative negligence rule. This means that, if the jury finds that you were partially to blame for the crash, you still recover, but your recovery is reduced by the percentage of fault assigned to you up to 50%.
For example, if you get a verdict of $1 million, but the jury finds you were 25% at fault in the motorcycle crash, your judgment will be reduced to $750,000. If you get a verdict of $1 million, but the jury finds you were 50% at fault in the motorcycle crash, your judgment will be reduced to $500,000.
If you get a verdict of $1 million, but the jury finds you were 51% at fault in the crash, you recover nothing. This is different than some other states – in NC, for example, you cannot recover damages if you were even 1% at fault.
The most important factor in finding a motorcycle accident lawyer is experience. You need to find a firm that has experience in motorcycle accidents and that has a history of winning cases like yours. You also want to make sure that you feel comfortable speaking with any potential attorney. For them to properly advocate for you, you need to feel comfortable sharing your honest experience.
Whether you face a minor or serious collision, your top priority is your safety and the safety of those around you. Seek medical care right away, even if your injuries seem minimal, and ask for copies of any medical records or notes. Document the scene thoroughly with pictures and videos. Take note of any witnesses at the scene and ask for their contact information in case your attorney needs a statement.
Law enforcement and first responders can often help after a motorcycle accident. Call 911 right away after an accident, and keep your protective gear on until a professional can assess your injuries. If you cannot feel parts of your body, are passing in and out of consciousness, or are in extreme pain, do not move without the help of a medical professional. Moving can exacerbate your injuries and make them worse. Develop a plan that you can follow so that you can be prepared in case of an accident.
To help minimize your chance of severe injuries or wrongful death accidents, always wear a helmet and proper protective gear. Do not ride at night, and be very aware of your surroundings at all times. Keep your motorcycle in top working condition, and avoid the highways and rush hour when you can. Develop an accident preparedness plan with your family so that everyone knows what to do if you get into a collision. Never drive under the influence of drugs or alcohol.
If you have been injured in a motorcycle crash in South Carolina, the Myrtle Beach motorcycle accident attorneys at Axelrod & Associates may be able to help you to get maximum compensation for your injuries.
Call 843-353-3449 or complete our contact form for a free initial consultation.
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