can whiplash cause brain injuries

Can Whiplash Cause Brain Injuries?

It has been known for a long time that whiplash causes neck strains and can also cause spinal injuries. But in recent decades, studies have indicated and link between whiplash and traumatic brain injuries. Brain injuries can occur even without direct head trauma, and this is particularly true with high impact collisions, such as those that cause whiplash injuries.

What is Whiplash?

Whiplash is any impact or blow that causes the head to be thrown or jerked forward or backwards, similarly to the motion of cracking a whip. The sudden force of the blow causes the muscles and tendons in the neck to be stretched and torn. Whiplash is often associated with car accidents, but it can happen to anyone who experiences this type of impact or blow to the head. 

For example, athletes who play contact sports such as football and hockey have been known to sustain whiplash injuries from high-impact collisions with those they are playing against. This type of injury can also happen when someone is rapidly thrown to the ground, such as falling off a horse while horseback riding.

Those who suffer from whiplash can experience a wide range of symptoms, including:

  • Neck pain;
  • Stiffness or tightness in the neck;
  • Decreased range of motion in the neck area;
  • Numbness or tingling in the arms;
  • Headaches that start at the back of the skull and radiate forward.

Whiplash and Brain Injuries

As mentioned earlier, brain injuries can occur with or without a direct blow to the head. These types of injuries are possible with whiplash when the back and forth “whip-like” motion causes the brain to become twisted, compressed, or distorted within the skull.

According to the BC Medical Journal, the likelihood of brain damage from whiplash depends mainly on “the magnitude of acceleration-deceleration forces and the rotation forces acting upon the skull”. They go on to say, “the most important indicator of possible brain damage is the severity of the trauma. Minor trauma is an unlikely candidate.” In other words, the higher the impact and the more rapid and forceful the jolt is that causes the whiplash injury, the greater the likelihood that it could result in a brain injury.

Those who sustain a concurrent brain injury caused by a whiplash may experience several symptoms in addition to those mentioned earlier:

  • Dizziness;
  • Blurred vision;
  • Ringing in the ears;
  • Problems with focus and concentration;
  • Problems sleeping;
  • Agitation and irritability;
  • Difficulty processing information;
  • Memory problems;
  • Anxiety;
  • Depression.

Symptoms not Always Immediately Known

Since traumatic brain injuries involve a complicated series of events, symptoms of TBI are not always immediately known. This can create confusion when someone suffers a whiplash injury after an auto accident or another type of traumatic event. For example, a car accident victim may be rushed to the emergency room right away and be diagnosed with severe neck strains and other soft tissue injuries associated with whiplash, but the doctor may not notice any immediate signs of TBI.

For this reason, it is very important, especially for those who are involved in higher impact collisions, to monitor themselves for any symptoms that are delayed and may show up a few days (or longer) after the accident. If additional symptoms do surface that might be signs of a concussion or another type of traumatic brain injury, go back in to see a medical professional for another evaluation. The sooner brain injuries are diagnosed, this sooner correct treatment can be applied, and the better the chances of making a full recovery.

Suffered a Whiplash Injury in South Carolina? Call the Experienced Skilled Auto Accident Attorneys at Peake and Fowler Today

If you or someone close to has suffered a whiplash injury, get medical help right away, and go back in for another examination if any additional signs and symptoms show up later on. Once you have received proper medical treatment, be sure to get in touch with an experienced personal injury lawyer, so you can be advised of your rights and legal options. 

If the injury occurred in South Carolina, contact Peake and Fowler to schedule a free consultation and case assessment. Call our office at today at 803-788-4370. You may also message us through our online contact form or stop by our Columbia, SC office in person at your convenience.

cause of motorcycle accidents

What is a Major Cause of Death in Motorcycle Accidents?

Motorcycle accident fatalities have been sharply increasing in recent years. After reaching a historical low of 2116 fatalities in 1997, the number of fatalities increased each year for over a decade, breaking 5,000 for the first time in 2007 and remaining at or near the 5,000 mark every year since.

Motorcycle accidents are especially dangerous for riders, who are 28 times more likely to die in a crash (per mile traveled) than occupants of other vehicles. There are many reasons motorcyclists are at greater risk for serious injuries and fatalities from a crash, these include:

  • Less Protection for the Rider: Unlike occupants of motor vehicles, motorcyclists do not have a steel cage and a seatbelt to protect them during a collision. When a motorcycle collides with another vehicle or object, there is not much that separates the rider from the pavement or other hard surfaces.
  • Less Braking Ability on Motorcycles: The braking system inside motorcycles is different from what is installed in automobiles. When a motorcyclist applies the brakes, it can cause the bike to spin out of control in some situations. Car brakes are much stronger, and when they are functioning properly, it is much easier to safely stop an automobile.
  • Diminished Ability to Control a Motorcycle: A motorcycle is a two-wheel vehicle, and it is not as easy to steer and control as an automobile. For example, if a car runs over a pothole or bumps into another vehicle at a fairly low speed, the driver can usually safely recover control of the vehicle. This is not nearly as easy when you are riding a motorcycle.

What Causes Motorcycle Accident Fatalities?

There are a number of potential causes of motorcycle accidents that result in serious injuries and fatalities, and approximately 75% of the time, it is due to some type of negligence on the part of a motor vehicle driver.

Some of the leading factors that contribute to fatal motorcycle accidents include:

  • Speeding/Reckless Driving: Motorists and motorcyclists who drive recklessly and carelessly put themselves and others in greater danger on the roads. Excessive speeding, weaving back and forth between lanes, tailgating, and refusing to yield the right-of-way are just a few examples of reckless driving.
  • Driving while Intoxicated: Despite decades of public relations campaigns, far too many people still make a horrible and often fateful decision to drive or ride after having too much to drink. Driving while intoxicated can put people into a reckless mindset, or it can have the opposite affect and cause people to get sleepy and have slower reaction times.
  • Turning Accidents: One of the leading causes of motorcycle accidents is the failure of other vehicle drivers to see motorcycles that enter their blind spots. This often results in accidents if the car tries to change lanes or make a turn while the motorcycle is riding beside them.
  • Dangerous Road Conditions: As mentioned earlier, potholes, crumbling roads, debris, and other hazardous conditions are much more dangerous for motorcyclists as it is more difficult to steer the bike and regain control when it is knocked off kilter.
  • Motorcycle Defects: Some motorcycle accidents can happen because of a defective motorcycle or motorcycle part. When this is the case, it may be possible to bring a product liability claim against the designer, manufacturer, or distributor of the faulty product.
  • Lack of Protective Gear: Although wearing a helmet, chest protection, or other protective gear may not prevent a motorcycle accident, wearing this protection can help prevent more serious injuries and potential fatalities in some cases.

Many experts believe that the sharp increase in motorcycle accident fatalities in recent years is due to two primary factors – distracted driving and more older riders. Distracted driving has been a growing problem, and it has gotten far worse since smartphones became mainstream. Today, it seems that many drivers cannot resist the temptation to send a text or another type of electronic message while behind the wheel. And according to a Milwaukee Journal Sentinel article from 2017, distracted driving now plays a role in approximately 40% of all motorcycle accidents.

The other factor that plays a large role in motorcycle accident fatalities is the age of the rider.  According to the National Highway Transportation Safety Administration (NHTSA), approximately 54% of motorcyclists killed in accidents in 2015 were 40 years of age or older, a 17% increase in deaths within this age group since 2006. Older riders make up a higher percentage of overall motorcyclists than in past years, and we all know that with age, our bodies become much more fragile. For this reason, it is very important for those in the 40+ age group to wear helmets and other protective gear while riding.

Injured in a Motorcycle Accident in South Carolina? Call the Experienced Personal Injury Attorneys at Peake and Fowler Today

Motorcycle accidents can be very hazardous for riders, and when the accident is caused by the negligence or reckless actions of another party, those who are injured deserve to be compensated.  As motorcycle enthusiasts ourselves, we at Peake and Fowler understand the challenges motorcyclists face staying safe on the road, and we are aggressive advocates for those who are injured in an accident through no fault of their own.

Call us today at 803-788-4370 to schedule a free consultation and case assessment.  You may also message us through our online contact form or stop by our Columbia, SC office in person at your convenience.

injury settlement attorney

Negotiating a Full and Fair Settlement in an Injury Case

When an individual suffers a moderate to severe injury in an auto accident (or another event) and another party is responsible, it can place a major financial burden on the injured party and their loved ones. Medical bills can quickly start to mount, and in a large number of cases, the injury keeps you out of work for several weeks or even months, making it very difficult to make ends meet.

To obtain compensation for your injuries, you will usually be dealing with an insurance company. In most cases, this will be the insurer for the other person or party who injured you. However, if they were uninsured or did not have adequate coverage, you may be seeking compensation from your own insurance company.

Securing a full and fair settlement for your injuries usually involves a negotiation process. You may choose to handle this yourself, or you could hire a personal injury lawyer to negotiate the settlement for you. If you decide to do it yourself, you will typically be speaking with the insurance adjuster.

There are two things that it is important to know about insurance adjusters:

  • They are trained negotiators who handle cases like yours week in and week out;
  • They work for the insurance company, and as such, their primary goal is to protect their employer’s bottom line.

Most of the time, adjusters will be very friendly, reassuring you that they will “take care of you” and that you will be treated fairly. Keep in mind that this is a negotiating tactic, an attempt to build rapport with you and to earn your trust. Be friendly and polite with them as well, but always remember that their interests are not aligned with yours.

Here are five other keys for successfully negotiating a full and fair settlement with the insurance company:

Be Patient

It is not uncommon to receive a settlement offer from the insurance company very early in the process. Insurers know that finances are usually tight shortly after an accident, and they know that many individuals are motivated to get a settlement check right away. The problem is that these offers are typically for far less than your claim is worth. In fact, at this point in the process, it may not even be possible to know what the claim is worth, because you may not know the full extent of your injuries. Be patient and do not accept the first offer that comes your way.

Fully Document all of your Losses

The insurance company is not just going to accept your word for how much you have lost because of the injury you suffered. You need to keep track of all of your economic losses, such as medical expenses and days missed from work. In addition, it is important to remember that a large part of your claim will be for the physical pain and suffering you have had to endure, the emotional impact the injury has had on you, and the impact the injury has had on your quality of life. For this reason, it is a good idea to keep a daily journal in which you can record how you feel physically and emotionally each day, as well as write down activities that you have not been able to participate in because of the injury.

Follow all of your Doctor’s Recommendations

Be sure to do everything your physician tells you to; such as having tests done, obtaining treatments, visiting specialists, refraining from various activities, etc. You have a duty to mitigate the damages caused by the accident or incident, and this means you need to take reasonable steps to minimize the extent of your injuries as much as possible.

Have an Amount in Mind you are Willing to Settle For

When you enter any type of negotiation process, you should have a minimum amount in mind that you are willing to take as the settlement. This figure is for your information only, and there is no need to share it with anyone except those closest to you. The figure you arrive at should be determined by what you believe the case is worth after calculating both your economic and non-economic losses.

Be Careful about Stalling Tactics

If you reach an impasse with the insurance adjuster, one way they might deal with this is to stop communicating with you for long periods of time. This is usually done for two reasons – to frustrate you into giving up and accepting their lower offer; or if you don’t come back to the table, to “run out the clock” on the statute of limitations for filing a personal injury lawsuit.

In South Carolina, for example, the statute of limitations for most personal injury actions is three years. And while this may seem like a lot of time, it can go by quickly if you are not hearing from the insurance company for several months at a time. If the insurance company “goes dark” during negotiations, get in touch with an experienced personal injury lawyer right away.

How an Attorney can help You Negotiate a Full and Fair Settlement

Negotiating with the insurance company on your own is a challenging process that is full of potential pitfalls. This is why it is advisable to work with a skilled attorney, especially if your injuries are more extensive. Although an attorney will take a percentage of your settlement as their fee, the assistance they can provide during negotiations will usually get you far more than if you handled it on your own, even after their fee is taken out.

Here are just a few ways a lawyer can help negotiate a better settlement for you:

  • Your lawyer will have extensive experience properly valuing claims by taking into account all factors that are typically used by the court, which means you are likely to have a more appropriate figure in mind as your minimum settlement amount;
  • If you have already received an offer from the insurance company before your lawyer is involved, they will be able to review the offer and tell you whether or not it is fair;
  • Like the insurance adjuster, your lawyer is a trained negotiator who will be able to strongly argue your claim and justify the settlement amount you are seeking based on the facts and evidence of the case;
  • If the insurance company shows an unwillingness to negotiate in good faith, your lawyer has the proven ability to successfully pursue full damages through litigation.
insurance claim

Tactics Used by Insurance Companies during an Injury Case

When someone has been injured in an accident or suffered any other type of personal injury and someone else was at fault, they have a legal right to compensation for their losses. Recovering just compensation for your injuries is not always an easy process, however. In the vast majority of cases, the responsible party is not going to freely admit fault and write you a check that more than covers all your property damage, medical bills, lost wages, and pain and suffering.

Most of the time, you will not even be dealing with the person or party that caused your injury.  Usually, you will be working with their insurance company to resolve the claim. Dealing with an insurer can be a complicated and confusing process, however, especially if you have never been through this before. This is made worse by the fact that insurance companies often look to take advantage of your inexperience by setting various traps that are designed to weaken your case.

It is important to remember that the goal of the insurance company is to pay out as little as possible for your injury claim. So, no matter how “nice” insurance adjusters may seem, they are looking out for the interests of their employer, which means their interests are not aligned with yours.

There are several tactics insurance companies may use in an injury case to try to trip you up, here are some of the most common:

Asking for an Official Statement

Insurance companies typically contact those who are injured in an accident shortly after the incident was reported, often within just a few days. The goal of this call is to build rapport and make you believe they are on your side before you’ve had a chance to speak with a lawyer.  Once they think they have earned your trust, they will often ask for a recorded statement from you. They may present this as a formality that is needed to process the claim. The problem is that insurers will usually word the questions in a way that is designed to get you to admit fault or otherwise weaken your case. This is why it is never a good idea to give a recorded statement without first speaking with an attorney.

Asking for a Medical Release

Another request that is usually presented as a formality is for you to sign a medical release. The insurance company might tell you that they need this release in order to obtain your medical bills so they can pay them. But signing a medical release also gives the insurance company the right to look into your entire medical history. They will use this opportunity to search for evidence of previous injuries or preexisting conditions, which they will use as the basis to claim that your current injuries were not actually caused by the underlying accident. The insurance company does not need a medical release to pay your bills, and as with the official statement, you should never give them this release without first talking to your lawyer.

Offering you Less than Your Claim is Worth

When someone is injured in an accident, their medical bills can quickly start to pile up, and they may also be out of work for a while during their recovery. Insurance companies know that under these conditions, injury victims are often highly motivated to get their settlement check sooner rather than later. So, they look to take advantage of this vulnerability by making a lowball settlement offer shortly after you file your claim. In most cases, however, what they offer is far lower than what your claim is really worth.  In fact, many times, it is impossible to know the full extent of your injuries, estimated recovery time, etc. within just a few days or even a week or two after the accident. Never accept a settlement offer from an insurance company without first speaking with an experienced personal injury attorney.

Delaying your Claim Unnecessarily

If you do not provide any statements or releases or take the insurance company’s settlement offer, they may just stop communicating with you for long periods of time. Their hope is that you will get frustrated and give up and/or that they can “run out the clock” and cause you to forfeit your right to file a personal injury lawsuit. In South Carolina, the statute of limitations for most personal injury cases is three years. This may seem like plenty of time, but if you are not hearing from the insurance company for several months at a time, three years can go by fast. If the insurance company is unnecessarily delaying your claim, get in touch with an attorney right away.

Call the Skilled Accident Injury Lawyers at Peake & Fowler

If or a loved one was injured through no fault of your own, the insurance company will use all kinds of tricks and tactics to try to devalue your claim or deny it all together. To help ensure that you are able to recover the full and fair compensation you deserve, get in touch with the seasoned attorneys at Peake & Fowler. Call our office today at 803-998-2412 to schedule your free consultation. You may also message us through our web contact form or stop by our Columbia, SC office in person at your convenience.

Motorcycle Digest -Be sure you get the loss of use/rental value you are entitled to be paid - Peake & Fowler

May is Motorcycle Safety Awareness Month

Spring is finally here, and this is the time of year when motorcycle enthusiasts come out in full force. There is no greater feeling than riding on the open road basking in the bright sunshine, powered by a cool breeze, and taking in all of the breathtaking scenic beauty the Palmetto State has to offer.

Yes, riding is one of the most exhilarating and enjoyable activities imaginable, but it is not without its hazards. This is why May has been designated as Motorcycle Safety Awareness Month in South Carolina and throughout the country.

Each year, thousands are killed and tens of thousands are seriously injured in motorcycle crashes. Motorcycle riding is inherently more dangerous than driving a motor vehicle. Riders have far less protection, and when they get into an accident, there are very few barriers to protect them from danger. As a result, motorcyclists are 27 times more likely to be killed in a crash than occupants of other types of vehicles, and five times more likely to be injured.

To make matters worse, motorcycle-related deaths have been rising in recent years. According to data from the National Highway Transportation Safety Administration (NHTSA), the number of annual motorcycle accident fatalities has more than doubled over the past two decades. Many experts believe that the increased use of electronic devices while behind the wheel and similar forms of distracted driving are largely to blame for the sharp increase in motorcycle accident deaths.

In an effort to keep everyone safe through the heavy spring and summer riding months, the NHTSA has dubbed its 2019 campaign “Share the Road.” Safe driving and riding practices and cooperation on the part of all road users will help reduce the number of injuries and fatalities on South Carolina’s roadways. And this starts with becoming more aware of the dangers, so both drivers and riders will stay safe as we share our roads.

For Motorists

  • Always allow motorcyclists a full lane width, in other words, treat them the same as any other vehicle on the road.
  • Adjust your rearview and sideview mirrors properly to ensure that your blind spot is minimized, and you can more easily see motorcyclists. Your rearview mirror should completely frame your back window, and your sideview mirrors should be pointed toward your blind spot.
  • Always signal your intention when you are changing lanes or making a turn.
  • Always look over your shoulder before changing lanes to make sure you didn’t miss a motorcycle or another vehicle that might have snuck into your blind spot.
  • If you are turning into oncoming traffic and your view is partially obstructed, wait until you can see around the obstruction, so you do not miss a smaller figure like a motorcycle, bicycle, or pedestrian that may be crossing.
  • Allow extra following distance (about three or four seconds or so) to give motorcyclists more time to maneuver or stop if they encounter an emergency.

For Motorcyclists

  • Ride defensively and give other vehicles adequate space to make turns, complete lane changes, and react to emergencies.
  • Always follow the state’s helmet laws. South Carolina requires all riders under the age of 21 to wear a helmet that is approved by the Department of Highways and Public Transportation.
  • Stay as visible as possible by keeping your lights on even during the day and wearing reflective and protective clothing.

For all Drivers and Riders

  • Always follow the rules of the road and obey all traffic signals and street signs.
  • Always be on the lookout for road hazards such as construction, debris, bumpy roads, and inclement weather that may cause a serious crash.
  • Never drive or ride while under the influence of alcohol or drugs.
  • Stay focused and free of distractions while driving or riding.

Get Legal Help if Injured in a Motorcycle Accident

Even if we follow the traffic laws and best safety practices, accidents can still happen. If you or a loved one was injured in a motorcycle accident in South Carolina, seek immediate medical treatment for your injuries, then contact an experienced personal injury lawyer.

At Peake & Fowler, we are motorcycle enthusiasts ourselves, and we know how devastating injuries from a motorcycle crash can be. Our lawyers have in-depth experience and knowledge of this area of the law, and we work closely with our clients to help ensure that they obtain full and fair compensation for their injuries.

For a free consultation with one of our attorneys, call our office today at 803-998-2412 or send us a message through our online contact form. You may also stop by our Columbia, SC office at your convenience.

distracted driving and teen drivers

Teen Drivers & Distractions

Distracted driving has been a growing problem in South Carolina and throughout the country in recent years. While motorists have always had distractions, the increased use of smartphones to stay connected has become a temptation that is difficult for many drivers to resist.

Distracted driving is particularly common among teens, who are the most tech-savvy age group, and the most avid users of electronic devices. The widespread use of smartphones among the most inexperienced group of drivers can be a deadly combination.

Distracted Driving Statistics

Each year, thousands of individuals are killed, and hundreds of thousands are injured in distracted-driving related vehicle crashes. And according to the National Highway Transportation Safety Administration (NHTSA), approximately half a million drivers throughout the country are using their cell phones at any given time during daylight hours. The NHTSA goes on to say that teens are the largest group reported as distracted at the time fatal vehicle crashes occur.

Here are some other disturbing statistics about teen drivers and distractions:

  • More than half of all teens admit to having used a cell phone while driving, and one out of four admit to having texted while driving during the past 30 days;
  • Car crashes are now the number one killer of teens in United States;
  • Individuals ages 16 to 19 are three times more likely to be involved in a fatal crash than any other age group;
  • Almost 60% of all motor vehicle crashes among teens are now the result of distracted driving.

What Can be Done about Teen Drivers and Distractions?

Many state laws have been passed in recent years to help address the problem of distracted driving. Like most other states, texting while driving is against the law in South Carolina.  Lawmakers in the Palmetto State have discussed going further and enacting a ban on hand-held cell phone use while driving, making cell phone use legal only when it is in “hands free” mode.  Many other states have already enacted similar laws, with some states choosing to ban hand-held cell phone use for teens only.

As the law tries to catch up with evolving technology, it is also incumbent upon parents to help ensure that their teens are driving safely. Here are some steps parents can take to help prevent distracted driving among their teens:

  • Educate them: Distracted-driving will no doubt be covered during your teen’s driver safety courses, but parents should also reinforce the importance of refraining from this type of behavior while behind the wheel. Have an honest conversation with your teen about the dangers of distracted driving, and how they can minimize these distractions and stay focused on the road.
  • Prohibit other teen passengers while your teen is driving: This is a tough one that your teen will almost certainly protest. Teens love to drive around with their friends in the car, but this can be just as dangerous a distraction as texting while behind the wheel. Shouting, cranking up the radio, horseplay, and other types of rowdy behavior greatly increase the risk of a vehicle crash. This is why it is best to prohibit your teen from having other teen passengers or from riding as a passenger with another new teen driver.
  • Sign a written agreement with your teen: Create a contract between you and your teen that contains written ground rules they must follow when they are driving. By having something in writing and signed by your teen, your teen will have clear guidelines they must follow to be safe, and they cannot claim ignorance later on if you have to revoke their driving privileges for breaking the contract.
  • Install apps to prevent cell phone use while driving: Although technology has helped increase the problem of distracted driving, technology is also helping to solve it. There are now several apps available which can do things like block texts and phone calls (except for emergency calls) while driving, block other distracting apps (such as Facebook, Instagram, Snapchat, etc.) while driving, allow parents to track their teen’s location, and analyze their teen’s driving habits. Consider using one or more of these apps to help prevent your teen from being distracted while behind the wheel.
  • Set a good example for your teen: Finally, keep in mind that kids tend to model the behavior of their parents. So, be sure to refrain from texting while driving and other dangerous driving activities yourself.

Injured in a Distracted Driving Accident in South Carolina? Contact a Skilled Auto Accident Lawyer

If you or someone close to you was injured in an accident caused by a distracted driver (teen or otherwise), you may have a right to compensation. Before dealing with any insurance adjusters, it is best to speak with an experienced personal injury lawyer to discuss your legal rights and options. At Peake & Fowler, we have successfully represented numerous clients injured in motor vehicle accidents in South Carolina, and we fight hard to help our clients obtain the full and fair compensation they need and deserve.

For a free consultation with one of our attorneys, call our office today at 803-998-2412 or send us a message through our web contact form.

How does the Use of a Motorcycle Helmet Impact an Injury Claim after an Accident?

Does the Use of a Motorcycle Helmet Impact an Injury Claim?

Motorcycle accidents have been on the rise in recent years, with the number of fatalities from these accidents more than doubling over the past couple decades. Distracted driving is believed to be one of the major contributors to this increase. With more and more motorists texting while driving and engaging in similar activities while behind the wheel, motorcyclists need to be extra cautious these days to avoid accidents and subsequent injuries.

To stay safe on the road, it is recommended that all motorcyclists wear helmets. This is not only for their safety, but also to help protect their legal right to compensation during an accident injury claim.

South Carolina Motorcycle Helmet Laws

In South Carolina, only riders under the age of 21 are required to wear helmets while riding motorcycles. The law used to require everyone to wear a helmet, but it was changed in 1980 to limit the requirement to only those who are under 21 years of age. Riders who are over age 21 are still encouraged to wear a helmet, and the vast majority of them do, but there is no legal requirement for riders in this age group.

How Will the Use of a Helmet affect a Motorcycle Accident Injury Claim in SC?

Wearing a helmet may or may not impact an injury claim (after a motorcycle accident) depending on the age of the rider, the type of injury sustained, and other factors in the case. The other party and their insurance company will almost certainly try to make it an issue if you were not wearing a helmet, but again, the extent to which it will impact your case depends largely on the specific circumstances.

Here are some common scenarios involving the use of a motorcycle helmet, and how each scenario may play out if you pursue an accident injury claim:

  • Wearing a helmet with no head or neck injury: In this scenario, the use of a helmet should have no bearing on your case. However, you may still want to include the fact that you were wearing a helmet when you report your claim to help show that you are a responsible rider.
  • Not wearing a helmet with no head or neck injury: If you were not wearing a helmet but your injury was to your back, leg, arm, or another area (of your body) other than your head or neck, then your use (or in this case lack of use) of a helmet is not related to your injuries. That said, an insurance adjuster may still try to claim that you not wearing a helmet shows that you are not a safe a rider. But at the end of the day, in this scenario, that point is legally irrelevant.
  • Wearing a helmet with a head or neck injury: In this scenario, the fact that you wore a helmet should help your case, because it shows that you did everything possible to mitigate the effects of your head or neck injury.
  • Over age 21, not wearing a helmet, with a head or neck injury: This is one of the scenarios where things can start to get dicey. If you were not wearing a helmet, even if you are not legally required to, and you sustained head or neck injuries, it may be argued that your injuries could have been prevented or they would have been less severe had you worn a helmet. It will be up to you to demonstrate that your injuries would have been just as bad even if you had worn a helmet.  If you are unable to do so, you may end up being found “comparatively negligent” (i.e., partially at-fault) for your injuries, which would reduce the amount of compensation you are eligible for.
  • Under age 21, not wearing a helmet, with a head or neck injury: If you were under the age of 21 and sustained head or neck injuries in a motorcycle accident while not wearing a helmet, you will almost certainly be found comparatively negligent for not following the law, even if the accident would have otherwise been entirely the fault of the other party (or parties) involved. You may still be able to receive some compensation for your injuries as long as you are not found to be more than 50% at-fault, but your compensation would be reduced in proportion to the percentage of fault you share in the accident. For example, if damages total $100,000 and you are found to be 25% at-fault for the accident, your damage award would be reduced by $25,000.

Injured in a Motorcycle Accident in South Carolina? Contact an Experienced Personal Injury Lawyer

If you or someone close to you was injured in a motorcycle accident and it was the fault of another party, you need strong legal counsel by your side advocating aggressively to protect your rights and interests. Whether you were wearing a helmet or not, you may still be entitled to damages, and at Peake & Fowler, we are here to fight for every dollar of compensation you deserve. For a free consultation with one of our skilled Columbia, SC personal injury attorneys, call our office today at 803-998-2412, or message us through our online contact form.

Peake & Fowler - South Carolina Motorcycle Accident Lawyers

How to Avoid Blind Spot Motorcycle Accidents

Millions of people love to ride motorcycles, and there are few activities that give you a greater sense of freedom. In South Carolina, our weather allows for year-round riding, and the Palmetto State hosts numerous motorcycle events throughout the year. While motorcycle riding is fun and exhilarating, it can also be very dangerous.

Motorcycle deaths have been on the rise for the past two decades. In fact, the number of fatalities from motorcycle accidents more than doubled in the 22-year period from 1994 to 2016, going from 2,320 fatalities up to 5,286 fatalities during that period.

There are many factors that are said to be contributing to the rise in motorcycle fatalities. Alcohol, weather, road conditions, and driver and rider negligence all play a role, but the one factor that seems to correlate with the rise in motorcycle accidents during the past couple decades is the increased use of cell phones while behind the wheel.

Distracted driving has always been an issue that contributes to auto accidents. However, texting while driving and similar activities take this danger to a whole new level, because they take the focus of the driver completely off of the road. 

Approximately two-thirds of the time, the driver of another vehicle is the one most at-fault for a motorcycle collision. And in and large number of cases, the reason vehicles collide into motorcycles is because the vehicle driver fails to see the motorcycle in their blind spot.

Tips for Avoiding Blind Spot Motorcycle Accidents

All cars and trucks have blind spots, and the larger the vehicle, the larger the blind spot is. When another vehicle, motorcycle, bicycle, or even a pedestrian enters a vehicle’s blind spot, the vehicle driver cannot see whatever is there when they look at their rearview or sideview mirrors. This is the cause of thousands of motor vehicle accidents each year, and it is one of the leading causes of motorcycle accidents.

Many newer vehicles come equipped with blind spot monitors, and hopefully, this will vastly reduce the number of blind spot accidents in the future. That said, most vehicles do not have these monitors yet. And to avoid blind spot motorcycle accidents, it is important for vehicle drivers and motorcyclists to take extra precautions.

For Motorists

Here are some tips for drivers to help them avoid blind spot motorcycle accidents:

  • Properly adjust mirrors: Adjust your rearview mirror so that your rear window is completely framed; and adjust your sideview mirrors so that they are pointed toward your blind spot. This tutorial from Car and Driver provides more detailed instructions and illustrations on how to ensure that your mirrors are adjusted properly.
  • Look over your shoulders: Even with your mirrors properly adjusted, you can still miss a motorcycle that enters your blind spot. For this reason, it is always good practice to look over your shoulder to the side you are turning to make sure you didn’t miss anything.
  • Use your blinker when changing lanes: Always signal before changing lanes, so motorcyclists and other drivers know your intentions.
  • Stay alert: Pay attention to vehicles and motorcycles that may be entering your blind spot. This means avoiding smart phone activity and other distractions when you are driving.

For Motorcyclists

Here are some tips for motorcyclists to avoid danger when driving near other vehicles:

  • Stay out of blind spots: Ride behind or in front of the vehicle and avoid riding alongside a vehicle to help ensure you are not in their blind spot for any length of time.
  • Practice defensive driving: Stay alert and try to anticipate what the vehicles in front of you and behind you might do. Allow plenty of space between you and other vehicles and avoid distracted driving.
  • Pass carefully: When you pass another vehicle, complete the pass as quickly and safely as possible, so you are able to limit the amount of time you spend in their blind spot.
  • Stay visible: Wear brightly-colored or fluorescent clothing and keep your headlights on at all times to help other drivers see you.

Injured in a Blind Spot Motorcycle Accident? Contact a Seasoned Auto Accident Lawyer

There are times when you do everything right and still end up in an accident. If you or someone close to you was injured in a motorcycle accident that was the fault of another party, you may have a right to compensation. After you have received medical attention for your injuries, get in touch with a skilled personal injury attorney to discuss your legal rights and options.

At Peake & Fowler, we have in-depth experience successfully representing clients injured in motorcycle accidents and all other types of personal injury cases in South Carolina. For a free consultation with one of our attorneys, call our office today at 803-998-2412 or send us a message through our online contact form.

How does the Use of a Motorcycle Helmet Impact an Injury Claim after an Accident?

I was Injured in a Motorcycle Accident: Do I Need to Retain an Attorney?

Nearly 100,000 individuals are injured in motorcycle accidents each year. And many of these cases result in serious and catastrophic injuries, especially to the rider, who has less protection. A motorcycle accident can turn your life upside down. Medical bills can start to pile up, and you might need to miss several days, weeks, or even months from work. In the most severe cases, injuries can be permanent and debilitating, potentially resulting in the inability to participate in gainful activity.

Those injured in a motorcycle accident often wonder if it is worthwhile to retain an attorney.  After all, the attorney gets a percentage of the eventual settlement, and maybe they would be better off dealing with the insurance company on their own. In most cases, it is in your best interests to at least talk to a lawyer after a motorcycle accident to review the case and discuss your options.

The legal process can be complicated and confusing, and there are many pitfalls that could cause you to lose out on the just compensation you deserve. A skilled personal injury lawyer has the experience needed to navigate the complexities of the process and help bring your case to a successful conclusion.

Here are just a few reasons to consider retaining an attorney if you sustained moderate to severe injuries in a motorcycle accident:

Your Attorney can Properly Value your Case

If you have never dealt with a motor vehicle accident injury before, you may have difficulty determining whether you have a legal claim, and how much compensation to ask for. An attorney with in-depth knowledge of this area of the law can thoroughly assess your case, determine the full extent of your injuries/losses, and explore every potential legal avenue for you to recover full and fair compensation.

Your Attorney can Protect your Legal Rights

Insurance companies often use various tactics to diminish the value of a claim or deny the claim altogether. One of the most common tactics used is to try to get you to admit at least partial fault for the accident. Your lawyer will most likely advise you not to provide any official statements to the insurance company, or to admit any kind of fault for the accident. Your lawyer will also be able to put together the strongest possible argument for the compensation you are asking for, and when necessary, they can bring in expert witnesses (from the medical profession and other industries) to help substantiate your claim.

Your Attorney can Negotiate Directly with the Insurance Adjuster

Insurance adjusters are trained negotiators who deal with injury claims day in and day out. When an adjuster is dealing with an injury victim, they will often present a lowball settlement offer that is worth far less than the value of your claim. Knowing that you are unlikely to file a personal injury lawsuit without a lawyer, the adjuster has far less incentive to present a fair offer. Your lawyer can push back against the adjuster by presenting a strong argument for the compensation you deserve. In addition, the adjuster knows that your lawyer is ready and able to pursue full damages through litigation if necessary.

Retaining an Attorney allows You to Focus on your Recovery

One of the most important reasons to consider retaining an attorney after a motorcycle accident is your health. If you have been injured in an accident, you should be focusing on getting recovered, rather than dealing with the insurance company. Your lawyer can handle the legal process from start to finish, including fully investigating the case, determining the exact cause of the accident, gathering all important facts and pieces of evidence, dealing with complicated paperwork, and negotiating your settlement. This frees you up to concentrate on getting healthy again.

Injured in a Motorcycle Accident in South Carolina? Call the Seasoned Personal Injury Attorneys at Peake & Fowler

If you or someone close to you has suffered injury in a motorcycle accident, it is important for you to fully understand your legal rights and options. Before accepting any offers from the insurance company, contact us to schedule a free, no obligation consultation and case assessment. Call our office today at 803-998-2412 or send us a message through our online contact form.

Slip and Fall Accident - Peake & Fowler

I Was Hurt on Someone Else’s Property, what are My Options?

We spend a lot of time during an average week out and about in places other than our own home.  We go to work or school, go out shopping, go out to eat, attend sporting events, go over to our neighbor’s or friend’s house, and travel to other destinations. When you are in one of these places, there is always a chance of getting hurt.

Accidents and injuries that commonly occur on the property of another party include:

  • Slips and falls;
  • Swimming pool accidents;
  • Animal attacks;
  • Elevator and escalator accidents;
  • Accidents due to other property defects;
  • Fires and floods;
  • Exposure to toxic substances;
  • Injuries resulting from inadequate premises security.

In many cases, injuries that occur on someone else’s property are minor and can be treated at home. There are times, however, when an injury may be more serious. In the latter cases, you may wonder what legal options you have.

Owners or caretakers can be held liable for injuries that happen on the property of another party under the legal theory known as “premises liability.” In order for the property owner or caretaker to be held liable, you must prove the following:

  • The owner or caretaker owed you a duty of care to keep the property free of hazards;
  • This duty was breached;
  • Your injury resulted directly from this breach;
  • You suffered compensable losses due to your injury.

What was your Status when you were Hurt on the Property?

The extent of a property owner or caretaker’s legal liability depends largely on what type of visitor you were when you entered the property. Your visitor status can be placed into one of three general categories:

  • Invitee: The highest duty of care is owed to invitees. These are individuals who have explicit or implied permission to be on the premises. Examples may include employees, customers, patrons, and tenants. For those in this category, reasonable steps must be taken to keep the property free of dangerous conditions, and to properly warn these individuals of any known hazards.
  • Licensee: A slightly lower duty of care is owed to licensees. These individuals also have permission to be on the property, but they generally enter for their own purposes. For example, these could be neighbors dropping by for a visit, social guests who are invited to a party, or door-to-door salespeople who are entering the property for their own economic gain. Generally, a property must be kept free of known hazards that may harm a licensee.
  • Trespasser: A trespasser is someone who has no legal right to be on the property. As such, very little duty of care is owed to individuals in this category. The only obligation owners and caretakers generally have with regards to trespassers is to refrain from willful and wanton misconduct or entrapment that may cause them harm.

If you were in the invitee category, you have the best chance of prevailing with a legal action against the property owner or caretaker. If you were in the licensee category, your standard of proof is higher, but you may still have a case. If you were a trespasser, winning this type of case will be an uphill battle.

How Did the Accident Happen?

Being an invited guest on the property does not guarantee that you will be able to recover compensation. Property owners and their insurance companies are well aware of the possibility of frivolous premises liability claims, and there is a good chance that they will aggressively dispute your version of events. Some possible defenses they may use include:

  • The hazard which caused your injury was clearly marked;
  • The hazard which caused your injury was open and obvious to a reasonable person;
  • You were not watching where you were going when the injury occurred (e.g., you were taking a selfie or texting on your cell phone);
  • You were not wearing the proper footwear for the area in which you were walking;
  • You were in an area of the property where visitors are not allowed or do not usually go.

To protect your legal rights, it is important to be proactive and take the following steps:

  • Document the incident: Take multiple photographs of the accident scene to clearly show the hazard that caused your injury. If you are not physically able to take photos, ask someone who is with you to take them for you. Also, write down in as much detail as possible what happened while everything is still fresh in your mind.
  • Obtain statements from witnesses: Speak with any individuals who may have witnessed what happened and get statements and contact information from them. In many cases, they will be willing to record a video stating what happened, which could be used as evidence to substantiate a legal claim.
  • Follow your doctor’s orders: Get prompt medical attention for your injuries and be sure not to participate in any physical activities without your doctor’s approval. Many insurance companies send out investigators to look for any evidence that you are not really hurt, so stay safe and don’t do anything you aren’t supposed to be doing.
  • Contact an experienced personal injury attorney: Premises liability cases can be complex and difficult to pursue. And when you deal with an insurance company on your own, there are many pitfalls that could cause the value of the claim to be diminished, or for the claim to be denied altogether. A skilled personal injury lawyer will be able to handle your case from start to finish, deal directly with the insurer, and help ensure that you are able to recover full and fair compensation for your injuries.

At Peake & Fowler, we have extensive experience successfully representing clients in premises liability cases and all other types of personal injury cases in South Carolina. For a free consultation with one of our attorneys, call our office today at 803-998-2412 or send us a message through our web contact form.