Charleston Motorcycle Accident Lawyers

Motorcycle Accidents in South Carolina

Motorcyclists accept a certain inherent risk when they ride. Because of this, most motorcyclists are extremely cautious, safe drivers. Unfortunately, this cannot always prevent them from being injured or killed in motor vehicle accidents.

Year after year, South Carolina remains one of the most dangerous states for motorcycle riders. According to the South Carolina Department of Public Safety (SCDPS), there were 110 fatal crashes, 304 serious injury collisions, and 1,157 less-serious injury accidents involving motorcycles in 2018 (the latest year for which data are available).

In total, there were nearly 2,000 motorcycle accidents in South Carolina in 2018, with more than 1,600 people suffering injuries and 114 killed.

The road to recovery after a motorcycle accident can be long and challenging. At Clawson Fargnoli Utsey, LLC, we believe that you deserve justice. Our Charleston motorcycle accident attorneys are ready to fight for the maximum compensation you are owed for your medical bills, pain and suffering, lost income, and other damages.

We have successfully secured millions of dollars for our clients, both in settlements and verdicts. We understand what you are up against, and we are prepared to aggressively advocate for you and your recovery.

Common Motorcycle Accident Injuries

Unfortunately, because they are relatively unprotected, motorcycle riders are the ones most commonly injured and killed in motorcycle-automobile collisions.

Without basic safety protections, such as seatbelts and airbags, motorcyclists are at risk of severe, catastrophic injury and death when they are hit by larger, heavier vehicles, such as passenger cars, SUVs, pickup trucks, 18-wheelers, and delivery trucks.

Some of the most common motorcycle accident injuries include:

• Accidental amputation
• Brain injuries
• Broken bones/fractures
• Burns
• Disfigurement
• Internal bleeding
• Organ damage
• Paralysis
• Road rash
• Soft tissue damage
• Spinal cord injuries
• Torn ligaments, muscles, and tendons

Such catastrophic injuries often require extensive medical care, which can quickly become very costly. When accident victims are temporarily or permanently disabled due to their injuries, they will be unable to return to work and may struggle to support themselves and their families.

This on top of the immense physical pain and emotional distress that accompanies a serious crash and disfiguring or disabling injuries can be an extremely challenging situation for victims and their loved ones.

Do You Have to Wear a Motorcycle Helmet While Riding in South Carolina?

When it comes to motorcycle safety, one of the most important things to do is wear a helmet. In South Carolina, all motorcyclists under the age of 21 must wear a helmet while operating or riding as a passenger on a motorcycle. The helmet requirements in South Carolina are designed to prioritize the safety of young riders. Wearing a helmet significantly reduces the risk of head trauma and can potentially save lives.

It is highly recommended, however, for all motorcyclists, regardless of age, to wear a helmet for their own safety. Even though riders over the age of 21 are not legally required to wear a helmet, it is a wise decision to protect yourself in the case of an accident.

Who Is Liable for a Motorcycle Accident in South Carolina?

In South Carolina, anyone who is injured in a motor vehicle accident, including a motorcycle collision, must show that another person or party was at fault for the crash to recover compensation.

Because South Carolina follows a modified comparative negligence doctrine, you must be able to prove that you were less than 50% at fault for the accident if you wish to file a personal injury claim against another motorist or negligent party.

Determining the cause of the crash is an important element in establishing liability. Some of the most common causes of motorcycle accidents include:

• Speeding
• Distracted driving
• Drunk driving
• Fatigued driving
• Traffic law violations
• Failure to yield
• Following too closely
• Unsafe/unlawful passing
• Poor road/weather conditions
• Hazards in the roadway
• Machinery defects
• Defective road construction/design

At Clawson Fargnoli Utsey, LLC, we investigate these accidents to determine exactly what happened and, most importantly, who was at fault. Depending on the specifics of the crash, we may be able to pursue a claim or lawsuit against another motorist or a third party, such as the manufacturer of an auto defect or the company that employed a negligent truck driver.

Special Considerations for Motorcycle Accident Cases

Unfortunately, many people believe a common misconception that, because motorcycles are inherently dangerous, motorcycle riders are automatically risky, unsafe drivers. At Clawson Fargnoli Utsey, LLC, we know that this could not be further from the truth. Importantly, we know how to present evidence to insurance adjusters, judges, and juries in a way that challenges preconceived notions of motorcyclists.

We also understand the immense impact of catastrophic injuries. Our Charleston motorcycle accident lawyers don’t just accept the first low settlement offered by the insurance company; instead, we fight for maximum compensation for our clients’ immediate, ongoing, and future needs.

Our goal is to secure the full, fair recovery you need to manage your current and future medical bills, current and future lost wages, and current and future pain and suffering.

Put a Proven Team on Your Side

With past experience in insurance defense, our attorneys understand how the other side operates. We utilize this knowledge to effectively anticipate the defense’s next move and aggressively advocate for our clients. This approach has helped us recover millions of dollars for our clients.

If you were injured or if someone you love was killed in a motorcycle crash, you need a powerful, proven team on your side. At Clawson Fargnoli Utsey, LLC, we not only offer decades of combined litigation experience, but we also provide the personal attention and compassionate guidance you can only find at a boutique law firm.

We are always available when you need us, and we offer contingency fees. This means you do not owe anything unless/until we recover compensation for you.