If you or a loved one was injured in a motorcycle accident in or around Spartanburg, South Carolina, a lawyer from our team would like to help. We can make sure you fully understand your rights and fight to recover a fair settlement from the liable party.
Motorcycles do not offer drivers the same protection as cars or trucks, so motorcyclists may suffer more serious injuries in a crash. We can calculate what those injuries are worth so that you do not have to worry about paying for medical care or supporting your family as you recover.
In This Article
Filing a Claim After a Motorcycle Accident
There are two main ways to get compensation from the liable party following a motorcycle accident. First, you can seek a pretrial settlement from their insurance company. Second, you can take the liable party to court and try to persuade a jury to award you compensation. Often, it is easier and faster to get a settlement.
Our team at Farmer & Morris Law, PLLC, is ready and willing to help with even the most difficult aspects of your case.
Determining Fault in a Motorcycle Accident
To receive compensation for accident injuries, the claimant must prove that those injuries were entirely or mostly (50 percent or more) caused by the liable party, according to S.C. Code § 15-38-15. We can work to prove this is true in your case by:
- Studying police reports
- Collecting medical reports and records
- Interviewing witnesses to the crash
- Interviewing law enforcement officers, doctors, and other experts
- Reviewing video of the crash, if any is available
- Speaking with accident reconstruction experts
We can then prepare this evidence for presentation to the insurance company’s representatives during negotiations or the appropriate court in preparation for a trial.
Valuing Motorcycle Accident Damages
After a motorcycle collision in which another party was at fault, you could recover damages for items including:
- Medical bills
- Surgery costs
- Rehabilitation costs
- Physical therapy costs
- Attorney’s fees
- Disfigurement or scarring
- Physical disability (temporary or permanent)
- Intellectual disability (temporary or permanent)
- Recovery of lost wages
- Pain and suffering
- Mental distress
- Repair costs for property damages
- Impaired quality of life
- Loss of consortium
Additionally, as the injured party, you may be able to recover the estimated costs of future medical bills and future earning power, should the accident leave you unable to continue working at the same level you did before the crash.
Personal Injury Lawsuits
An individual who suffered an injury in a motorcycle crash has the option of filing a personal injury lawsuit. This process may involve the following steps, all of which Farmer & Morris Law, PLLC, can take on your behalf:
- Identifying and notifying the liable party
- Scheduling a meeting with the insurance company
- Negotiating with the insurance company
- Preparing the settlement agreement, if negotiations are successful
- Preparing for trial, if negotiations are not successful
- Representing you in the courtroom
- Keeping you updated so that you always know what is happening
Wrongful Death Cases
What happens if the motorcyclist does not survive their accident injuries? Family members of the decedent have the right to bring a wrongful death claim against them. Through this type of action, the surviving family members may attempt to recover damages for things like:
- Burial costs
- Loss of companionship
- Recovery of lost financial support
- Any expenses or suffering the decedent experienced and never received compensation for
According to S.C. Code § 15-51-20, those who may be able to file a wrongful death case include the decedent’s:
- Spouse
- Children
- Parents
- Other heirs
The steps for seeking wrongful death damages are essentially the same as the steps for personal injury. Farmer & Morris Law, PLLC, helps clients with both types of cases.
Protecting You from the Insurance Company
Insurance companies are often more concerned with saving themselves money than with providing fair compensation to accident victims. An adjuster may try several different tactics to get a victim to accept less than they deserve, including:
- Pressuring them to accept a settlement right now
- Offering an insufficient, lowball settlement
- Blaming the victim for the accident
- Refusing to negotiate with the victim or their representative
A motorcycle wreck lawyer from the Spartanburg office of Farmer & Morris Law, PLLC, is ready to defend you against these tactics, helping you receive the fairest possible settlement. In addition to negotiating and advocating for you in court, we can protect your rights by:
- Informing you of what the law entitles you to
- Assisting you with important legal decisions
- Responding to all questions in a timely manner
Always remember that the insurance adjuster is not working for you. They are working for the insurance company, where the primary goal is to wrap up the injury settlement as quickly as possible. Our team can protect you throughout the case and make sure that you are not cheated out of your rights. We work for our clients, not the insurance company.
Paying for Legal Help with Your Motorcycle Case
After a motorcycle accident, you deserve the chance to relax and spend time with your family while knowing that our team is fighting hard to secure the compensation you need. Farmer & Morris Law, PLLC, can make this a reality.
While legal representation is not free, our firm does everything possible to make our services available to everyone who wants them. For example, we have taken the following steps to increase accessibility of our services:
- We provide every single caller with a free case assessment regarding their personal injury matter. A member of our team can quickly help determine if there is any way our firm can help with your case.
- We charge a contingency fee instead of an upfront or hourly fee. This means that we do not receive attorney’s fees from a client unless and until that client recovers compensation – in short, our payment is “contingent” on their success.
- We take our attorney’s fees out of the settlement or jury award. Clients do not have to worry about paying these fees out of pocket.
- Our team works out a mutually acceptable fee agreement with each client prior to accepting any case.
Dangers of Driving a Motorcycle
It is very important that motorcyclists do everything possible to protect themselves while on the road, such as:
- Always paying attention to their surroundings
- Driving at a safe speed (this includes slowing down when visibility is poor)
- Wearing protective gear, including a helmet
- Ensuring any passengers wear protective gear
- Avoiding consumption of alcohol and other drugs that may affect their ability to drive safely
Even though the majority of motorcycle riders operate their vehicles in a responsible and safe manner, the drivers with whom they share the road may not be as cautious. The negligence or recklessness of a motor vehicle operator could place those around them in danger. This is especially true of motorcyclists, since motorcycles do not offer the same protection as other motor vehicles.
Causes of Motorcycle Accidents
According to Page 6 of the 2019 Traffic Collision Fact Book published by the South Carolina Department of Public Safety (SCDPS), the “primary contributing factor” in most motor vehicle accidents is the driver. This is true in both fatal and non-fatal collisions. In rare cases, the primary contributing factor may be:
- A flaw in the roadway
- A “non-motorist,” such as a pedestrian
- Environmental factors, such as bad weather
- A flaw in one of the vehicles
To ensure that you seek damages from the correct parties and receive all of the compensation you deserve, our team at Farmer & Morris Law, PLLC, would like to represent you.
Let Us Fight for a Fair Settlement
You may not feel like dealing with the insurance company after a devastating motorcycle accident, no matter how much you need compensation. This is where a lawyer from our team may be able to help. Contact Farmer & Morris Law, PLLC, at (864) 582-1310 today. We can seek a settlement on your behalf and fight to make Spartanburg safer for all motorcyclists.
Call or text 828.286.3866 or complete a Case Evaluation form