Motorcycle accidents can leave victims with severe, life-altering injuries. Those who survive may have to deal with expensive medical bills and lost wages from missing time at work. If you were injured in a motorcycle accident due to another’s negligence, you may have legal options for seeking compensation.
At Roden Law, our firm has a legal team with many years of combined experience and a track record that includes millions recovered for our clients. If we represent you, we are prepared to fight for maximum compensation for you.
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Do I Have a Motorcycle Accident Case?
Each motorcycle accident case is unique, which is why we provide a free consultation to discuss your situation further. If your accident happened because of another person’s negligent or reckless behavior, then you may have a valid case. However, to establish negligence, you or your attorney must first prove all four of these elements:
- Duty of care: The at-fault party owed you a legal duty to act in a reasonable manner, preventing you or others from suffering harm.
- Breach of duty of care: You must prove the at-fault party failed to uphold his or her legal duty by acting in a negligent, reckless or careless manner.
- Link between breach of duty and your injuries: Your injuries were the direct result of the at-fault party’s actions or inaction.
- Damages are present: It is not enough to prove that the at-fault party’s breach caused you harm. You must also show that you suffered tangible losses, like medical expenses or lost wages.
It is difficult to establish these elements on your own. That is why we recommend contacting our firm to find out if pursuing legal compensation makes sense in your situation. Since your initial consultation is free, there is nothing to risk.
Call for your free case review today. Ph: 1-844-RESULTS
How Much is My Case Worth?
The value of motorcycle accident cases depends on many factors, including the severity of your injuries and expected recovery time. Our Charleston motorcycle accident lawyers are ready to review these details with you and determine the value of your potential case.
If we find you have a valid case, you may be eligible to pursue economic and non-economic damages.
Economic damages are the tangible losses that are easily proven and may include:
- Past and current medical expenses
- Doctor’s appointments
- Prescription medication
- Medical assistive equipment
- X-rays, MRIs CAT scans
- Transportation costs to and from appointments
- Lost wages from the missing time from work
- Rehabilitation costs
- Physical therapy
- Loss of earning capacity
- Funeral and burial costs
- Property damage
Noneconomic damages are not tangible losses. These are the emotional damages an accident victim suffers and are therefore harder to give a specific value. However, our attorneys know how to prove and accurately valuate these types of damages, which include:
- Physical pain and suffering
- Loss of reputation
- Loss of enjoyment of life
- Loss of companionship
If you were involved in a motorcycle accident, we understand that thinking about pursuing a claim may seem too hard to pursue while you are recovering. However, delays can negatively impact your ability to pursue compensation, and we are prepared to fully handle your case so you can focus on your recovery.
Need legal help? Call Roden Law today. Ph: 1-844-RESULTS
Is There a Time Limit to File a Motorcycle Accident Claim?
If you are considering legal options for recovering compensation for your losses, we recommend speaking with a lawyer as soon as possible. Under South Carolina’s statute of limitations, you have three years from the date of your accident to file a claim. While this sounds like a long time, there is a lot that has to happen prior to that deadline.
Motorcycle claims filed after this deadline will likely be dismissed by court, which means you may be unable to obtain any compensation for your losses.
It is important to note that there are certain exceptions to this time limit. Some deadlines may be shorter – such as if your potential claim is against a government entity. If you are unsure what your deadline is – or if it has already passed – contact our firm for legal help. We are prepared to help you determine your legal options and the filing deadline that applies in your situation.
How Could Roden Law Benefit My Case?
Our firm has a proven track record, and we have recovered millions in compensation on behalf of our clients. Those who hire an attorney to handle their claim typically recover larger compensation awards than those who do not. We handle these types of cases every day, and we are well-versed in South Carolina laws and how they may apply to your situation.
If you have a valid case, we are prepared to handle the entire investigation process, including:
- Gathering information of the at-fault party’s driving record
- Hiring accident reconstruction experts to determine the cause of your crash
- Obtaining copies of your medical records to link your injuries to the accident
- Collecting other supportive evidence, including witness statements and video footage
- Taking photos that show the severity of your injuries
We also understand how to deal with insurance companies, protect your interests and negotiate for fair compensation on your behalf. If a settlement cannot be reached, we are prepared to take the case to trial, if necessary.
Get answers to your legal questions today. Call: 1-844-RESULTS
Does Not Wearing a Helmet Affect My Case?
The helmet law for riders is different from state-to-state. If you were not wearing a helmet at the time of your accident, you may wonder if you can still pursue a claim.
In South Carolina, the law requires all motorcycle riders under the age of 21 to wear a helmet that meets the state-defined safety requirements. This is because wearing a helmet provides more protection and has been shown to save lives.
If you are over the age of 21, however, you are not legally required to wear one. As far as pursuing a claim, not wearing a helmet does not prohibit you from pursuing a claim.
That said, because of the state’s contributory negligence law, the at-fault party’s lawyer may try to assign you with some of the fault. A common argument is that your injuries would have been less severe if you had worn a helmet.
However, being assigned some fault for an accident does not prevent you from pursuing a claim. If your assigned percentage of liability is no more than 50 percent, you may still be eligible to pursue a recovery.
Common Causes of Motorcycle Accidents
Motorcycles accidents happen for various reasons, but most of the time they are caused by the negligence of others, including:
- Distracted driving, such as talking on the phone or texting
- Driving under the influence of drugs and alcohol
- Tailgating behind a motorcyclist
- Driving over the speed limit
- Cutting off a motorcyclist at intersections
- Failing to use proper turn signals
- Failing to yield the right-of-way
Common Motorcycle Accident Injuries
Motorcycles inherently lack the protection of most vehicles, which is why the injuries are often life-altering or fatal. Common injuries from motorcycle accidents include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Loss of limbs
- Burn injuries
If you were injured in a motorcycle accident, we strongly recommend that you call an experienced Charleston motorcycle accident lawyer to learn about your potential legal options.
Speak With a Charleston Motorcycle Accident Lawyer
At Roden Law, we understand how quickly a motorcycle accident can change the course of your life. The injuries can be severe and require a long and painful recovery. While compensation cannot change what happened, it can help provide financial support and allow you to focus on your recovery.
We are ready to review the details of your accident and help determine if you may have a case. We offer a free, no-obligation consultation, and there are no upfront costs. We do not collect our fees unless we recover compensation for you.