For the most part, motorcycle safety has improved in South Carolina in recent decades, yet there are still a couple thousand motorcycle collisions annually on roadways throughout the state, causing around 100 deaths and thousands of injuries each year. Riders remain at the mercy of negligent, reckless, or aggressive car and truck drivers, who do not see the bike until it is too late or who drive recklessly around motorcycles and force a crash. When motorcycle riders are injured due to the negligence or aggressive driving of others, or when a biker’s own careless or reckless riding causes an accident, responsible parties should be held accountable.
The Columbia motorcycle accident attorneys at Peake & Fowler have served clients in South Carolina since 2000. If you are searching for a South Carolina motorcycle accident attorney with extensive experience and a strong track record of success, our firm is here to help. We have several decades of combined personal injury experience and have recovered substantial compensation on behalf of injury victims and their families.
As highly-rated South Carolina motorcycle accident lawyers, we understand the physical, emotional, and financial toll serious injuries take on a household, and we do everything possible to make the legal process smooth and stress-free. We work closely with our clients, and we have the experience, resources, and commitment to provide the skilled and personalized representation you need and deserve.
Common Causes of Motorcycle Accidents
There are many reasons motorcycle crashes occur, some of the most common include:
- Speeding: Exceeding the speed limit is a leading cause of all types of automobile accidents in South Carolina. The faster a vehicle is moving, the less time they have to react to other vehicles on the road and prevent a collision. This is especially true with motorcycles because they have a small profile, and other drivers who are speeding often do not see them until it is too late.
- Reckless Driving: Speeding excessively, weaving in and out of lanes, running stop signs and stop lights, and tailgating are all examples of reckless driving. Drivers who engage in this type of behavior are often in a state of mind in which they have willful and wanton disregard for their safety and the safety of other motorists on the road.
- Unsafe Lane Changes: Before changing lanes, drivers are supposed to look back and check their blind spots. Many drivers fail to pay attention to motorcyclists who may have entered their blind spot, and if they fail to signal and/or don’t turn their head back before changing lanes, they might automatically assume that it is safe to move over.
- Left Turn Accidents: Another scenario in which bikers are at great risk is when a driver is turning left and fails to see a motorcycle in the lane to the left of them that is going straight. As mentioned in the previous point, if the driver does not signal they are turning and/or look to their left to see if there are any vehicles in that lane, it can lead to a collision.
- DUI/DWI: Driving under the influence of alcohol or drugs is a major contributor to motorcycle accidents. Those who drive in this state are often more careless or reckless and/or they have slower reaction times. Drivers who cause accidents due to DUI or DWI may face both civil and criminal penalties.
- Distracted Driving: In today’s society, a growing number of people feel the need to stay connected. This has led to drivers being more distracted, making our roadways more hazardous. Texting while driving is one of the worst types of distracted driving, because the driver’s visual focus is on his/her electronic device rather than the road.
- Car Doors: Some motorcycle accidents occur because of the carelessness of other drivers after they have parked their vehicle. When a driver or passenger in a regular vehicle fails to look outside before opening the door, they sometimes strike oncoming motorcyclists, bicyclists, or pedestrians.
- Vehicle/Vehicle Part Defects: Motorcycle accidents can sometimes happen because of a poorly designed or poorly manufactured vehicle or vehicle part. In such cases, the designer, manufacturer, supplier, or distributor of the vehicle or part may be liable for the accident.
Our South Carolina motorcycle accident attorneys are well-equipped to handle the complexities of these types of cases and ensure the best possible outcome for our clients.
Why Motorcycle Accidents are More Severe
If you or a loved one has been injured in a motorcycle crash, contacting a motorcycle accident attorney in South Carolina is essential. The injuries sustained from these types of accidents are often far more severe than other traffic incidents, and as a result, pursuing a claim against the responsible party is a much more complicated endeavor.
Good riders are trained and experienced enough to know how to drive defensively and watch out for other drivers on the road. They also know the limitations of their machine and their ability to handle it in all situations. Unfortunately, no amount of skill and care can prevent a collision with a negligent, distracted driver or an overly aggressive driver who doesn’t respect motorcycles or understand their limitations for safe handling and operation.
Many advancements have been made over the years to make car crashes safer for the occupants of the vehicle. Little can or has been done for the motorcycle rider, however, who may at most be protected by a helmet and riding leathers. The exposure and vulnerability of the biker puts the rider at risk for serious injury or death in a collision with a larger, heavier motor vehicle.
Some of the injuries that commonly occur in motorcycle accidents include:
- Cuts and bruises to the face, head, arms, legs, and other parts of the body;
- Brain injuries;
- Whiplash injuries;
- Soft tissue injuries;
- Neck and spine injuries;
- Shoulder, hip and knee injuries;
- Fractures and dislocations;
- Severe burns;
- Amputations/loss of limbs;
- Paralysis; and
- Wrongful death.
Damages in South Carolina Motorcycle Accident Cases
Those who are seriously injured in a motorcycle crash may be entitled to several types of compensation. A skilled South Carolina motorcycle accident attorney can help you recover damages for losses such as:
- Medical Expenses: Severe injuries can incur large medical bills for recovery, rehabilitation, and in some cases, treatment of an ongoing/permanent injury or disability. Victims injured in motorcycle crashes deserve to be compensated for past, present, and future medical expenses.
- Lost Income: If an injury keeps you out of work for an extended period of time, you should be compensated for income lost due to time missed from work. If the injury results in a long-term partial or total disability in which the victim is no longer able to perform his/her current job and/or obtain any type of gainful employment, this must also be taken into account.
- Pain and Suffering: Personal injury victims often live with excruciating physical pain on a daily basis. Compensation should be given for the pain and suffering an individual goes through after a motorcycle accident. While physical pain and suffering is difficult to quantify, a South Carolina motorcycle accident attorney from our firm can help put a proper dollar figure on your suffering, so you can be fairly compensated.
- Emotional Trauma: Accident injury victims deal with more than just physical pain, they often have psychological pain as well. Victims should be compensated for the emotional trauma that resulted from the accident. Again, our South Carolina motorcycle accident lawyers will help assign an appropriate dollar amount to the emotional and psychological distress that you’ve had to endure.
- Punitive Damages: In extreme cases in which the actions of the party at-fault were especially egregious, punitive damages may be awarded to punish the responsible party and deter them (and others) from engaging in similar actions in the future. In South Carolina, punitive damages are limited to the greater of three times actual damages or $500,000. However, if a defendant is deemed motivated by financial gain, or if his or her conduct rises to a felonious level, the award can be increased to either $2 million or four times compensatory damages. In the most extreme cases, where the defendant is found to have intended his or her conduct, if the defendant was under the influence of drugs or alcohol, or if the defendant committed a felony arising out of the same act, there is no cap for punitive damages.
South Carolina applies the legal doctrine known as “modified comparative negligence”. This means that if the parties share fault for the accident, the amount the victim can recover in damages is reduced in proportion to the percentage they are found to be at-fault. For example, if an injury victim is entitled to $100,000 in compensation but is 10% at-fault, their compensation would be reduced to $90,000. If the victim is found to be 51% or more at fault, they are barred from recovering any damages at all. Our South Carolina motorcycle accident attorneys will go to work immediately to put together a rock-solid case that shows clear fault on the part of those responsible for your injuries.
Speak with a Seasoned Motorcycle Accident Attorney
In South Carolina, there is a three-year statute of limitations (from the date of an accident) for a victim to file a personal injury lawsuit. Two years for a lawsuit against a governmental entity. For this reason, it is best to retain skilled legal counsel sooner rather than later to ensure that your rights and interests are fully protected. In Columbia and surrounding areas, our experienced South Carolina motorcycle accident attorneys are ready to stand by your side. Call Peake & Fowler today at 803-788-4370 to schedule your free, no-obligation consultation. You may also send us a secure and confidential message through our web contact form.
FAQs About Motorcycle Accidents in South Carolina
If you’ve been involved in a motorcycle accident, you likely have many questions about your legal rights and what to do next. Below are answers to some of the most common questions we hear from injured riders and their families. If you need personalized legal guidance, don’t hesitate to contact a South Carolina motorcycle accident attorney for assistance.
Do I Need to Call the Police After a Motorcycle Accident in South Carolina?
Yes, you should always call the police after a motorcycle accident in South Carolina, especially if there are injuries, fatalities, or significant property damage. A police officer will document the accident, assess fault, and create an official accident report, which can be valuable evidence if you need to file a claim.
Failing to report an accident can also result in legal consequences. South Carolina law requires drivers to report accidents involving injuries, death, or property damage exceeding $1,000. Even if the accident seems minor, calling the police is a good idea to ensure all parties are protected.
How Do I Obtain a Copy of the Accident Report in Columbia, SC?
After a motorcycle accident in Columbia, SC, you can request a copy of the accident report from the South Carolina Department of Motor Vehicles (SCDMV). To obtain the report:
- Visit the SCDMV website and complete Form FR-50 (Request for Collision Report).
- Submit the form online, by mail, or in person at an SCDMV branch.
- Pay the required fee (typically around $6).
Alternatively, if a law enforcement agency in Columbia, such as the Columbia Police Department or Richland County Sheriff’s Department, responded to the crash, you may request a copy directly from them. A South Carolina motorcycle accident lawyer can also help you obtain this report as part of your legal case.
What Evidence Should I Collect at the Scene of a Motorcycle Accident?
If you are physically able to do so, collecting evidence at the scene can significantly strengthen your case. Here are some key pieces of evidence to gather.
- Photographs and videos: Take pictures of the accident scene, vehicle damage, road conditions, skid marks, traffic signals, and any visible injuries.
- Contact information: Get the names, phone numbers, and addresses of all parties involved, including witnesses.
- Police report number: Ask the responding officer for the accident report number so you can obtain a copy later.
- Driver and vehicle details: Collect insurance information, license plate numbers, and driver’s license details of all drivers involved.
- Weather and road conditions: Document any hazardous conditions, such as potholes, wet roads, or poor visibility.
A motorcycle accident attorney in South Carolina can use this evidence to help prove negligence and secure fair compensation for your injuries.
What Are the Common Causes of Motorcycle Accidents in Columbia, SC?
Several factors contribute to motorcycle accidents in Columbia and throughout South Carolina. Some of the most common include:
- Speeding – Drivers who exceed the speed limit may not have enough time to react to motorcyclists.
- Distracted Driving – Texting, eating, or adjusting in-car controls can cause drivers to miss seeing motorcycles.
- Reckless Driving – Swerving between lanes, tailgating, and aggressive driving put motorcyclists at serious risk.
- Drunk or Drugged Driving – Impaired drivers have slower reaction times and poor judgment.
- Failure to Yield – Many accidents occur when drivers fail to yield the right-of-way to motorcyclists at intersections.
- Unsafe Lane Changes – Drivers who fail to check their blind spots may merge into a motorcycle.
- Road Hazards – Potholes, loose gravel, and debris can cause motorcyclists to lose control.
If you’ve been injured due to any of these causes, consulting a South Carolina motorcycle accident lawyer can help you understand your legal options.
How Does South Carolina’s Comparative Negligence Law Impact My Motorcycle Accident Case?
South Carolina follows a modified comparative negligence rule, which means your compensation may be reduced if you are partially at fault for the accident. Here’s how it works.
- If you are less than 51% at fault, you can recover damages, but your compensation will be reduced by your percentage of fault.
- If you are 51% or more at fault, you cannot recover any compensation.
For example, if a jury awards you $100,000 but determines you were 20% at fault, your compensation would be reduced to $80,000. A South Carolina motorcycle accident attorney can help build a strong case to minimize any claims of shared fault.
What Types of Damages Can I Recover After a Motorcycle Accident in South Carolina?
If you’ve been injured in a motorcycle accident, you may be entitled to several types of compensation, including:
- Medical Expenses – Covers hospital bills, surgeries, rehabilitation, and future medical care.
- Lost Wages – Compensates for time missed from work and loss of future earning capacity.
- Pain and Suffering – Covers physical pain, emotional distress, and reduced quality of life.
- Property Damage – Pays for repairs or replacement of your motorcycle and other personal belongings.
- Punitive Damages – In extreme cases of reckless or intentional misconduct, additional damages may be awarded to punish the at-fault party.
A motorcycle accident attorney in South Carolina can evaluate your case and fight for the maximum compensation available.
Is There a Time Limit to File a Motorcycle Accident Lawsuit in Columbia, SC?
Yes. In South Carolina, the statute of limitations for motorcycle accident lawsuits is:
- Three years from the accident date for personal injury claims.
- Two years if filing a claim against a government entity.
If you miss the deadline, you may lose your right to pursue compensation. Contacting a South Carolina motorcycle accident lawyer as soon as possible is very important.
How Do Insurance Companies Typically Handle Motorcycle Accident Claims in SC?
Insurance companies often try to minimize payouts or deny claims altogether. Common tactics they use include:
- Blaming the motorcyclist for the accident: Insurers may argue that the motorcyclist was at fault or contributed significantly to the accident. They might scrutinize the motorcyclist’s actions, such as speed, lane changes, or compliance with traffic laws, to reduce their liability. This can complicate the claims process, as it requires substantial evidence to refute their assertions.
- Offering lowball settlements that don’t cover all damages: Initial settlement offers from insurance companies are often significantly lower than the actual value of the claim. These offers might seem tempting, especially when facing medical bills or property damage costs. However, they usually do not account for long-term medical expenses, lost wages, or pain and suffering, which are crucial for a fair settlement.
- Delaying claims processing to pressure victims into accepting lower offers: Insurance companies may intentionally delay the processing of claims to create financial pressure on the victims. This tactic is designed to make victims desperate enough to accept a lower settlement just to resolve their immediate financial issues. Prolonged delays can be frustrating and stressful, further complicating the recovery process.
- Disputing medical treatment costs to reduce compensation: Insurers often question the necessity or cost of medical treatments related to the accident. They might request extensive documentation or argue that certain procedures were not required. This can lead to reduced payouts or denial of certain medical expenses, making it difficult for victims to receive full compensation for their injuries.
- Challenging the severity of injuries: Insurance companies may downplay the severity of the injuries sustained in the accident. They might claim that the injuries are not as serious as reported or that they are pre-existing conditions. This tactic aims to minimize the amount of compensation paid out for medical bills, rehabilitation, and pain and suffering.
Our South Carolina motorcycle accident attorneys can negotiate with the insurance company on your behalf and ensure you receive a fair settlement.
What Should I Do If the Insurance Company Offers a Quick Settlement?
Never accept the first settlement offer without speaking to a motorcycle accident attorney in South Carolina. Initial offers are often much lower than what you deserve. Instead, consult an attorney who can:
- Assess the true value of your claim.
- Negotiate for maximum compensation.
- Take your case to court if the insurance company refuses to offer a fair settlement.
Should I Hire a South Carolina Motorcycle Accident Lawyer Even If My Injuries Are Minor?
Yes. Even minor injuries can result in long-term medical complications and financial burdens. An experienced South Carolina motorcycle accident attorney can:
- Investigate the accident and gather evidence.
- Handle negotiations with insurance companies.
- Help you recover compensation for medical bills, lost wages, and pain and suffering.