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 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. Most motorcycle accident cases settle without requiring a lawsuit or going in front of a jury.
Our team at Farmer & Morris Law, PLLC, is ready and willing to help with even the most difficult aspects of your case. We can take the steps necessary to build a solid claim and negotiate a payout with the insurer or represent you at trial and fight for the compensation you deserve based on your expenses and losses.
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. It is important to note that if there is evidence you contributed to your accident and injuries, you may still be able to recover compensation. However, your compensation amount will be reduced by the percentage of fault assigned to you.
Valuing Motorcycle Accident Damages
After a motorcycle collision in which another party was at fault, you could recover damages for:
- Medical bills
- Surgery costs
- Rehabilitation costs
- Physical therapy costs
- 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
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.
We help our clients identify and document their losses and costs, helping them fight for a fair settlement based on the actual damages they incurred and the intangible losses they experienced.
Personal Injury Lawsuits
An individual who suffered an injury in a motorcycle crash that another party caused has the option of filing a personal injury lawsuit to hold that party legally responsible and recover compensation for the damages that occurred. This requires the victim to prove the defendant’s negligence caused the crash. 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 if necessary
- Keeping you updated so 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 the at-fault driver. Through this type of action, the surviving family members may attempt to recover damages for things like:
- Burial costs
- Loss of companionship
- Loss of consortium
- 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 for personal injury cases. Farmer & Morris Law, PLLC, helps clients with both types of cases, including filing insurance claims and suing the liable parties. We may be able to represent you and your family in your Spartanburg wrongful death action.
Protecting You from the Insurance Company
Insurance companies may be more concerned with saving themselves money than 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 immediately
- 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 a fair 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 of your questions promptly
Remember that the insurance adjuster is not working for you. They are working for the insurance company, which wants to wrap up the injury settlement as quickly as possible and for as little money as possible. Our team can protect you throughout the case and ensure you are not cheated out of your rights. We work for our clients, not the insurance company.
For a legal consultation with a motorcycle accidents lawyer serving Spartanburg, call 828.286.3866
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 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 every accident victim who wants them. For example, we have taken the following steps to increase accessibility of our services:
- We provide every caller with a free case assessment regarding their personal injury matter. A member of our team can quickly assess your options, explain your rights, and 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 we do not receive attorney’s fees from a client unless and until that client recovers compensation—in short, our payment is “contingent” on the lawyer’s success with each case.
- 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. We get the check from the insurer, take out our portion, and then get each client their money as soon as possible.
- Our team works out a mutually acceptable fee agreement with each client before accepting their case. We will discuss this agreement openly, answer any questions, and ensure every client understands the terms before signing a contract.
Spartanburg Motorcycle Accident Lawyer Near Me 828.286.3866
Dangers of Driving a Motorcycle
Motorcyclists should 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
- Driving defensively
Even though most motorcycle riders operate their vehicles responsibly and safely, 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 a driver, either of a motorcycle or another vehicle. 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
We work with our clients to investigate the cause of their crash and help them understand what happened and who caused it. Determining fault, negligence, and liability is central to recovering money damages after a motorcycle accident.
We begin this process by gathering evidence, such as:
- The report filed by law enforcement
- Medical records
- Eyewitness statements
- Physical evidence
- Photos or video
- Accident reconstruction
- A survey of the accident scene
- Expert testimony
Analysis of the evidence usually gives us a good idea of what happened. Next, we must identify the liable party or parties and determine what insurance coverage is available. Finally, we use the calculated value of our client’s damages to demand a fair payout and negotiate a settlement or sue the at-fault party.
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. It can also be challenging to protect your rights and ensure you get the payout you deserve when trying to navigate the claims process on your own. 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