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Greenville Motorcycle Accident Lawyer
Key Takeaways:
Key Takeaways:
- Insurance companies may not necessarily support you in your hour of need — you might be surprised to learn your well-being is not their top priority.
- South Carolina follows modified comparative negligence rules, and they can affect you in an accident claim.
- There are different types of compensation available to you if you suffer injury from a motorcycle collision. This includes economic and non-economic damages. You can pursue a claim either with the insurance company or through a personal injury lawsuit.
- Get answers to frequently asked questions regarding motorcycle accidents that could affect your case.
- An experienced Greenville motorcycle accident lawyer can be an ally when filing a personal injury claim to obtain compensation to help cover the costs of your injuries and other losses.
Sometimes, the unexpected happens and out of nowhere, in the blink of an eye, you have just been in a motorcycle accident. Navigating what happens next and pursuing the compensation that you deserve can be complicated. Luckily, HawkLaw and its Greenville motorcycle accident lawyers are here to help with your case.
Key Takeaways:
- Insurance companies may not necessarily support you in your hour of need — you might be surprised to learn your well-being is not their top priority.
- South Carolina follows modified comparative negligence rules, and they can affect you in an accident claim.
- There are different types of compensation available to you if you suffer injury from a motorcycle collision. This includes economic and non-economic damages. You can pursue a claim either with the insurance company or through a personal injury lawsuit.
- Get answers to frequently asked questions regarding motorcycle accidents that could affect your case.
- An experienced Greenville motorcycle accident lawyer can be an ally when filing a personal injury claim to obtain compensation to help cover the costs of your injuries and other losses.
When you have a motorcycle accident, the last thing you want to do is worry about long talks with insurance companies and having to prove you weren’t at fault. HawkLaw’s Greenville motorcycle accident lawyers are here to help.
We understand that motorcyclists are frequently misunderstood and stereotyped, which unfortunately leads to contentious litigation and victim-blaming. Common motorcyclist biases include assuming bikers are in a gang, have a criminal record, and are the cause of accidents they are involved in because they “don’t follow road rules.”
Our goal is to help you overcome these stereotypes and ensure those responsible for your injuries are held accountable. The financial burden of a motorcycle accident should not fall on you due to someone else’s negligence. HawkLaw works to get you the compensation you deserve.
Motorcycle Accident Attorneys Near Me
HawkLaw’s Greenville office is located at 3 Caledon Ct # A, Greenville, SC 29615. The 509 bus stop at Pelham Road and Autumn Leaves Ent is just a short walk from our office. Some nearby landmarks include Publix Super Market at Pelham Commons and the Greenville Social Security Administration offices.
Did You Sustain Injuries in a Motorcycle Accident in Greenville, SC?
Cars are equipped with seat belts and airbags to stop severe trauma, but motorcycle riders are left exposed to the full force of a crash, meaning they are more likely to suffer from more serious injuries.
Serious injuries are defined as those that meet at least one of these qualifications: severe laceration that results in exposure of underlying tissue, muscle, or organs, significant blood loss, broken bones, crush injuries, skull, chest, or abdominal injury, burns over 10% or more of the body, unconsciousness, and paralysis. Sometimes, injury severity isn’t discovered until it is too late. It is always best to go to the ER immediately after an accident to be thoroughly evaluated.
Serious injuries include but are not limited to:
- Traumatic brain injury and head injury (including concussions)
- Whiplash
- Friction burns (road rash)
- Broken bones
- Spinal cord injuries
- Organ damage
- Disfigurement
Motorcycle accidents should always be reported to the police so that a thorough investigation with witness statements and evidence gathering can take place. Seeking medical care is another critical step, especially because injuries are not always seen or felt in the immediate aftermath of a crash. These steps are paramount to building a solid case for compensation from the negligent party.
Is South Carolina a No-Fault State?
South Carolina is a modified comparative negligence state. This rule means that you may be eligible for compensation after an accident even if you were partially at fault, so long as you are no more than 50% at fault. For example, if you are in a motorcycle accident while speeding, and the other vehicle crosses the line, both parties could hold partial responsibility. In this scenario, if you are found to be 20% at fault, your compensation would be reduced by that same amount: 20%.
What happens in cases where you are the only vehicle involved in a motorcycle crash? Is the accident your fault? Not necessarily.
- Federal, state, or local agencies responsible for the maintenance of the road could have been negligent by not correcting potholes or other road hazards.
- Your motorcycle may have experienced a malfunction or defect due to negligence on the manufacturer’s part.
- Another party may have been negligent which led to your crash, working with an attorney can help you identify potential at-fault parties.
- Signage or other traffic signals and markers may have been missing or incorrectly working.
Why Do Insurance Companies Deny Claims?
In the aftermath of a crash, your first thought might be to turn to your insurance company. In most situations, that is not a bad idea. You pay for your insurance, and your policy coverage should help you when disaster strikes. The reality is motorcyclists may have trouble receiving payment from their insurers.
- Even though you pay your premiums for coverage, insurers are not always willing to pay out. Instead, they look to shift blame to the motorcyclist.
- Motorcycle crashes are expensive, and since insurance companies are for-profit businesses, this means profits are their first priority, not your health or well-being.
- Insurance adjusters routinely deny or lowball settlement offers to avoid paying the maximum compensation on a motorcycle accident claim.
- While your insurance company should help, chances are they will not. Do not accept their first settlement offer because chances are the amount will be far lower than you deserve.
The idea of taking your claim to court in Greenville might be intimidating, but it might be the best way to get the compensation you are owed for your bike wreck. Our motorcycle accident case attorneys can help you fight back and protect your claim when your insurance company refuses to pay.
Motorcycle Accident Compensation
Once you have determined that you were not at fault and are ready to get started, you will need to focus on how much your motorcycle crash claim is worth. Determining the proper amount is easier said than done.
This is another area your motorcycle accident attorney can help with and relieve you from the stress associated with being overwhelmed by the claim process while simultaneously trying to recover. In South Carolina, you can pursue two primary types of damages: economic and non-economic.
Economic damages cover any injury or property-related costs, current and estimated future expenses, for example:
- Medical bills
- Medications
- Surgery costs
- Therapy and rehabilitation
- Lost wages
- Loss of future wages
- Damage to your bike
Non-economic damages are more difficult to calculate since they are intangible, but are still costly. For example:
- Pain and suffering
- Trauma, fear, and emotional pain
- Loss of enjoyment of life
- PTSD
- Disfigurement and scarring
- Loss of limb
- Permanent disability
- Loss of consortium
An attorney can work with you to determine the total amount of your economic and non-economic losses.
You might have been injured by a person who was grossly negligent or intentionally harmful. In these cases, the other driver did not just make a mistake. Some examples include drunk driving or vehicular assault. Punitive damages are meant to punish the at-fault driver in these scenarios. It is important to understand:
- Punitive damages are not common and are reserved for egregious cases of negligence
- South Carolina caps punitive damages at $500,000 or three times your actual damages, whichever is higher
- It takes a substantial amount of proof to be awarded punitive damages
Your attorney can advise you if it is possible to receive this type of compensation.
What Is the Average Settlement For a Motorcycle Accident?
Several factors determine the amount of a verdict or settlement offer in a motorcycle accident lawsuit. These include:
- Who is at fault. This determination is essential to any form of settlement. For you to be eligible to receive compensation, another party has to be more than 50% liable for the accident.
- Medical bills and lost income. These expenses and loss of income factor into a settlement and can be extensive, depending on how the injury has affected or will affect your daily life.
- Severity of injuries. If dealing with a catastrophic injury, like paralysis, a settlement will take that into account, as ongoing expenses can be life-long.
- Pain and suffering. While difficult to quantify, pain and suffering can be significant and are recognized when determining a settlement or verdict.
How Can HawkLaw’s Greenville Motorcycle Accident Lawyers Help Me?
HawkLaw has been supporting and fighting for South Carolina injury victims for more than 20 years. Our personal injury attorneys each have years of experience and pride themselves on the quality of the legal services they provide, along with their focus on good customer service.
Transparent attorney-client relationships are paramount to our legal team, as many of our clients will attest. The statistics and recognitions speak for themselves. To date, HawkLaw has:
- Won* over $275MM in total settlements for our clients
- Received numerous awards*
Statistics show people suffering a personal injury obtain more compensation with legal representation than when they try to represent themselves. Individuals working directly with insurance companies to settle are often met with a low-ball offer from the insurer. This is a common tactic of insurance companies that aim to reach the lowest settlement possible. Do not risk your ability to receive compensation to cover your injuries and losses. Call our Greenville motorcycle accident attorneys for legal advice and to get started on your claim.
What is the Statute of Limitations for Filing a Motorcycle Accident Lawsuit?
The statute of limitations for filing a motorcycle accident lawsuit in South Carolina is within three years from the date of the accident in most circumstances. You should always speak to a knowledgeable Greenville motorcycle accident lawyer to confirm whether you can file a lawsuit. In some cases, you may be eligible for an extension.
How Common Are Motorcycle Accidents?
Motorcycle crashes cause fatalities and devastating injuries, many of which are severe and long-lasting. The South Carolina Department of Public Safety lists the following statistics relating to motorcycle crashes in 2022, the most recent year available:
- 2,032 collisions occurred involving a motorcycle
- One motorcyclist fatality occurred every 2.5 days in 2022
- 151 motorcycle crash fatalities occurred
- 367 serious injuries were sustained in motorcycle collisions
- Motorcycle accident victims suffered 1,317 “other” injuries
Where Do Most Motorcycle Accidents Occur?
Greenville, South Carolina, has many beautiful drives, but some are along dangerous roads. High-risk areas include Laurens Road, Woodruff Road, and West Pleasantburg Drive. Many factors contribute to the level of danger on these stretches of road, including high traffic volume and complex intersections. Poor weather conditions are also a factor in accidents, mainly along rural roads with sharp curves and limited visibility or city streets with poor lighting.
Motorcycle fatalities are all too common in Greenville, SC, and aren’t limited to high-risk areas. In 2024, fatal accidents occurred at Rutherford Street, I-85, and Augusta Road, among many others.
How to Prevent Motorcycle Accidents | Safety Tips for South Carolina Riders
In 2022, 6,218 motorcyclists, 15% of all traffic fatalities, suffered fatal crashes in the U.S. According to the National Highway Transportation Safety Administration (NHTSA), this is significant, being the highest number of motorcyclists dying in accidents since “at least” 1975.
To help avoid becoming a statistic, follow these safety tips:
- Always protect yourself by wearing a full-face helmet and by covering yourself with protective gear.
- Inspect your motorcycle’s tire pressure, headlights, taillights, turn signals, handlebars, horn, brakes, fuel, and fluids before taking your bike out to ride.
- Avoid riding in inclement weather when roads are wet, slick, or icy (check weather reports before you go).
- Never drink or use any drugs or medications (even prescriptions or over-the-counter drugs) before getting on your bike because many may cause you to become impaired or feel drowsy.
- Obey traffic laws, always drive the speed limit, and keep a safe distance behind other cars, SUVs, and trucks.
- Make yourself visible to other motorists by avoiding blind spots, always using headlights, wearing bright or reflective clothing, and always using your signals. The more other drivers see your intentions, the safer you will be when driving on roadways with other vehicles.
- Watch for unexpected road hazards and always be observant of your surroundings while operating your bike.
- Take a safety course and then an advanced course to learn advanced methods of driving a motorcycle (you can also take a refresher course as needed).
No matter how careful you are, sometimes accidents can’t be prevented. When the worst happens, a motorcycle crash lawyer can help. Knowing a law firm is on your side and advocating for you can give you peace of mind during an otherwise traumatic time.
Hurt? Fight Back with Your Neighborhood Greenville Motorcycle Accident Attorneys
If you are the victim of a motorcycle accident in Greenville, SC, or if you have recently lost a loved one to a motorcycle accident, it is important to get the help you deserve. HawkLaw’s attorneys are strong motorcyclist advocates who can work to get justice for you.
Contact us to schedule a free, no-obligation case review,* and get the peace of mind you deserve.
Frequent Asked Questions
You are able to sue the at-fault party after a Greenville motorcycle accident if the motorcycle accident was caused by another person’s careless, reckless, or negligent behaviors. You can file a case if you can prove the negligence of another party for your motorcycle wreck.
Helmet use does not impact the outcome of a motorcycle accident lawsuit. For anyone over the age of 21, a helmet is optional under South Carolina law, so not wearing one is not considered to be an act of negligence. Riders under the age of 21 have a requirement by law to wear a protective helmet.
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Greenville, SC 29615
John Hawkins is the Founder and CEO of HawkLaw He has been licensed to practice law in South Carolina since his graduation with honors in 1994 from the University of South Carolina School of Law, where he was on the Law Review and Order of Wig and Robe.
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