Motorcycle Accident Law in Elgin
Motorcycle riding is one of the most exhilarating experiences you’ll ever have—there are rides that you’ll remember for the rest of your life. However, this passion also comes with substantial risks. Motorcyclists are at heightened risk of serious and fatal injuries in accidents, and unfortunately, society still has a negative view of bikers in general. This can make it hard for bikers to get treated fairly when they’ve been injured by someone else’s negligence.
After a crash, it’s important to talk to a motorcycle accident lawyer in Elgin, SC. While you may be entitled to compensation, getting what you are owed can be challenging without the right assistance. Schedule a consultation with Peake & Fowler now by calling us at 803-788-4370.
South Carolina Motorcycle Accident Statistics
Although motorcyclists make up a relatively small portion of total motorists in South Carolina, they make up an unusually high number of injuries and fatalities across the state. The most recent data indicates that from 2016 to 2020, motorcycle accidents were relatively stable in South Carolina.
In 2020, there were 1,851 crashes that resulted in 1,358 injuries, 338 serious injuries, and 116 fatalities. Although many believe that weather is a primary contributing factor to these collisions, the vast majority of crashes occurred during the day in clear weather. Collisions were most likely on Saturday and Sunday and peaked from 3:00 to 6:00 P.M.
Perhaps one of the most frightening statistics is this: in the majority of crashes, the motorcyclist did not contribute to the crash. Across the board, motorcyclists contributed to crashes just 39% of the time. No matter how careful you are when you ride, your safety is always subject to others’ driving habits.
What Causes Motorcycle Accidents in Elgin, SC?
As a rider, it’s important that you know what contributes to these collisions. This knowledge can help you exercise more caution in certain situations and limit your risk of a crash. Additionally, it can help you figure out what caused any collision you were involved in. Some of the most commonly reported causes of crashes include:
- Car door opening: Often referred to as “dooring,” these accidents happen when a parked motorist opens their door into the path of an oncoming biker. When this happens, a biker can lose control of their motorcycle and be thrown from it.
- Reckless driving: Reckless driving is always dangerous, but it’s especially risky when there’s a motorcyclist in the vicinity. Cars can bear the majority of force in minor crashes, but motorcyclists do not have that luxury.
- Speeding: Drivers who speed are less able to stop in time or react quickly to obstacles. This can be deadly when a motorcyclist enters their lane or stops in front of them.
- Impairment: Impaired drivers put everyone in danger, but motorcyclists are at heightened risk for severe or fatal injuries in an impaired driving crash.
- Left turns: A substantial amount of motorcycle collisions are the result of unsafe left turns. Drivers often misjudge a biker’s speed or distance, so they think they have plenty of time to complete a left turn before the biker goes through their intersection. When they misjudge, they may hit the biker head-on.
- Lane changes: Drivers may do cursory blind spot checks before switching lanes, but if they aren’t specifically looking for motorcycles, they can completely miss these smaller vehicles.
- Sudden stops: When a driver stops suddenly in front of a motorcycle, the motorcyclist may not have time to stop. This may throw them from their vehicle.
- Inexperienced drivers: In general, inexperienced drivers are a serious risk to bikers. Their lack of experience navigating around motorcycles may cause them to skip important precautions and cause avoidable accidents.
Determining Liability After a Motorcycle Crash
Before you can recover compensation from the liable driver, you will have to prove that they are liable for the damages you suffered. There are several aspects of liability. First, the other party must have been negligent. This means that they must have failed to take reasonable steps to ensure your safety.
For example, a driver that did not check their blind spot before switching lanes or driving while texting would be considered negligent. You must then be able to prove that their negligence led to the accident that caused your injuries. Finally, you must be able to show that your injuries have caused you measurable damage.
There are many types of evidence that can prove negligence and liability in an Elgin, SC motorcycle accident case. Important pieces of evidence may include:
- Photos and video footage
- Police report
- Medical reports and bills
- Repair or replacement estimates
- Analysis from an accident reconstruction specialist
- Proof of local signage and road conditions
- Personal injury journal that tracks your progress and healing
How the Team at Peake & Fowler Can Help You
The team at Peake & Fowler knows how stressful and painful the days and weeks after a motorcycle accident can be. We’ve helped many victims who have been left out of work, without their bikes, and with a pile of medical bills.
You know how society at large tends to view bikers—reckless, dangerous, and indifferent to others on the road. While we know that that’s not true, we also know that insurance companies have these same false beliefs. This can really hurt you when it’s time to get a fair settlement for your accident.
Over our years of experience in personal injury law, we’ve seen everything that insurance companies can do to deny victims the money they are owed. During that time, we’ve also figured out exactly what it takes to hold insurance companies accountable and demand the compensation our clients deserve. Let us use our knowledge and experience to help you after your crash.
Speak to One of Our Elgin, SC Motorcycle Crash Attorneys Today
The sooner you reach out to the team at Peake & Fowler, the sooner our Elgin, SC motorcycle accident lawyers can begin building your case. Take the first step now by calling us at 803-788-4370 or sending us a message online.