Motorcycle Accident Attorney Near You in Myrtle Beach
- Free Motorcycle Accident E-Book
- Myrtle Beach Motorcycle Accident FAQ
- Longitudinal Joint Accident Claims
- Degloving Injury Accidents
- Why You Need Supplemental Coverage for Motorcycle Customizations
- Helmet Product Liability Claims
Our Free Motorcycle book is your go-to source for all your motorcycle rider rights in South Carolina. Motorcycles are fun to ride. However, when a negligent driver hits you on your bike, motorcycle accidents become devastating to the rider and his or her family. If you have been in an accident and have sustained a motorcycle accident injury in Myrtle Beach or across South Carolina, you will want to have nearby help in settling your motorcycle accident claims with the insurance company. There are strategies you can use to increase the size of your settlement. It is best to utilize the services of an experienced motorcycle accident lawyer, who can take care of the legal matters, leaving you free to recuperate and get better quickly.
If уоu оr уоur bike wеrе damaged оr injured іn a motorcycle accident thаt wаѕ nо fault оf уоur оwn, уоu hаvе rights undеr thе law tо receive payment fоr аll уоur medical bills, lost wages аnd fоr pain аnd suffering. All of this and more are explained in our book.
Just click the button below to get a FREE copy of our Motorcycle Book, “The Rider’s Guide to South Carolina Motorcycle Law”…
Alѕо, уоu ѕhоuld bе paid tо repair оr replace уоur damaged motorcycle, аnd fоr аnу out-of-pocket expenses уоu incur due tо уоur accident. Of соurѕе, thаt dоеѕ nоt uѕuаllу mеаn thаt уоu wіll gеt thаt money wіthоut a fight frоm thе defendant’s insurance company. It іѕ fоr thіѕ rеаѕоn thаt уоu nееd Lovely Law firm tо file a Myrtle Beach-area motorcycle accident lawsuit оn уоur behalf.
If hоwеvеr, thе motorcycle уоu rode is thought tо hаvе factory defects, wе саn seek compensation frоm manufacturers оf thе motorcycle thеmѕеlvеѕ. Wе саn contact thе motorcycle company officials аnd іf thе compensation offer іѕ unacceptable, wе mау bring thеm tо court. If you were in a motorcycle accident in Myrtle Beach and the only explanation is a malfunction of your motorcycle, it’s worth a call to get a free case evaluation!
Most importantly, The Lovely Law Firm will make sure that your claim for damages will be within the statute of limitations so that any action would be productive. Remember that as a victim, it is well within your right to seek recovery from whatever injuries you may have sustained.
Contact Us here or call the office at 843-839-4111
South Carolina Accident Statistics for 2019
In 2019* (the most recently reported year) there were 2041 total collisions involving a motorcycle in South Carolina that resulted in damages over $1,000, an injury, or a fatality. Of those accidents, the most – 275 happened in May 2019 – which does coincide with Myrtle Beach Bike Week of 2019 – and drew motorcyclists from all over the country into South Carolina to celebrate. Motorcycle accidents were most likely to occur on Saturdays in 2019, with the most dangerous hours between 3 pm and 6 pm. That being said, riding a motorcycle at any time can be dangerous. If you’re in an accident, we highly recommend you engage with an experienced motorcycle accident attorney to ensure you or your loved one’s best interests are considered during the negotiations with the insurance companies.
*These statistics do not include accidents that occurred on private property or that were reported on any form other than the TR-310, a form that is filed when a collision results in at least $1,000 in total property damage, results in injury, or death on a public highway or roadway. Source: https://scdps.sc.gov/ohsjp/stat_services/factbooks
FAQ for Motorcycle Accident Cases in Myrtle Beach
What is the average settlement of a motorcycle case in SC?
There is no way a lawyer can tell you what the average settlement Value of motorcycle cases are in SC. Anyone who does is simply not telling you the truth. So how can you determine the value of your motorcycle case? The value of your settlement will be a function of several factors. First, we must determine the liability of the parties and whether or not there is any contributory negligence on your behalf that may reduce your recovery. The next factor we examine is your damages and injuries. How bad were you hurt and did you seek treatment? Obviously, a broken bone case is worth more in general than a soft tissue case with no medical treatment. Next, we must examine other issues that may be particular to your case, such as witness statements, pictures of the scene, scarring, gaps in medical treatment, and punitive conduct by the at-fault party. These are just some of the factors that will either add value or decrease the value of your motorcycle accident settlement. Finally, there needs to be insurance coverage. No matter how large your damages, if the at-fault party only has minimum coverage limits of $25,000, that may be all you can recover. This is why I stress the importance of UIM insurance in our motorcycle book.
How likely is an insurance company to total my bike after an accident?
In general, insurance companies will total your vehicle if the cost to repair the bike is 75% or more of the trade-in value of the bike. In these cases, your motorcycle will be totaled. The problem usually arises in our office with custom bikes. We all know we spend hundreds and sometimes thousands on customization so this is important. Because of this, my office utilizes a third-party appraisal company to make sure your bike value is fair. We also employ a 25-year property damage adjuster to properly estimate these values.
Can I keep my bike and still get a check after an accident?
If your bike is repairable, repairs will be made and you will keep your motorcycle. We may also be able to recover some diminished value for your bike on newer models. If you bike is totaled, you will receive your total check and have to surrender your motorcycle to the insurance company. If you want to keep the damaged bike and try to repair it on your own, we can often negotiate for you to “buy your bike at salvage.” This is where you keep the damaged bike I repaired and the amount of your check is reduced by the salvage price, usually 500-1500. You will keep the bike but it will now have a salvage SC title.
A car turned left in front of me while I was riding, who is at fault?
More than 40% of all motorcycle accidents happen because of an at-fault car turning in front of them. The at-fault car simply does not see the motorcycle. While each case is different, the biker is usually not at fault in these circumstances. The at-fault car turning left has a duty to keep a proper lookout and not make an improper turn or lane shift. Our investigators work with my office to gather the facts and nearby surveillance video footage where these instances are in issue in your motorcycle case.
Will health insurance affect how much I can get from my motorcycle settlement?
Health insurance Is great for your motorcycle case. Health insurance will actually allow for a greater recovery for you and more money in your pocket. The reason for this is that health insurers have negotiated contract prices for your medical care. These prices are often 20-30 cents on the dollar for the actual cash price on your medical bills. In SC, when I go to settle your case when you are done treating, I am able to show the full value of your medical bills, not what insurance has paid! This Is the collateral source rule in SC. Now, at the end of your case, your health insurance provider will often be entitled to repayment by way of asserting a lien on your settler, however, we can negotiate the lien amount, and because of the collateral source rule you still come out ahead using your health insurance than if you do not have health insurance.
What if I was not wearing a helmet?
If you are over 21 years old, a helmet is not required in SC. This does not in any way affect your motorcycle case liability-wise. Certainly, the defense will raise this issue, however, it is merely a factor in your damages and not the liability portion of your motorcycle case.
What about comparative negligence in a motorcycle case?
In SC, as long as you are not more than 50% liable for your accident you have a claim. If you are partially at fault, your recovery will simply be reduced. For instance and by way of example, you are in an accident suffering 100,000 in injuries. Assume you are 40% at fault. Your $100k would be reduced by 40% resulting in a recovery of $60k available to you. Of course, this is a very generalized example and we need to evaluate your case. In a perfect world, we work on your claim from the beginning and investigate your case so that this is not an issue. This is also an important reason to NEVER give a recorded statement!
What is the statute of limitations for a motorcycle case?
The statute of limitations in SC is Three years from the date of the accident for a motorcycle injury case.
What type of damages could I be awarded? Does the Private Party pay, or does their insurance company?
You are entitled to several elements of damages in a motorcycle injury claim. We go after your past medical bills, past lost wages, and your pain and suffering. We also can attempt to Recover future medical bills and future lost wages in your case. We may be required to retain an expert economist to accurately value your future damages. The insurance policy of the at-fault driver pays your damages up to the limit of the policy. After the liability policies are extinguished we pursue UIM first-party benefits if applicable. If the party has assets we could actually attach to and is not judgment proof, we can even pursue those assets personally.
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