Florence, SC Motorcycle Accident Attorneys
With South Carolina’s warm weather and stunning views, motorcycle riding is a favorite pastime. While the number of motorcyclists on the road has gone up dramatically over the years, driver education focused on being safe around riders has not. In fact, many drivers still routinely fail to see or plan for motorcyclists while on the road. This creates an unsafe environment for bikers, putting them at risk of being injured in an accident.
Being in a motorcycle accident can lead to serious physical injury, financial loss, and mental trauma. You deserve an attorney who will fight for just compensation on your behalf. Get started now by calling at Peake & Fowler at 803-788-4370. As bikers who love riding as much as you do, our experienced Florence, SC motorcycle crash attorneys will work hard to secure the full and fair compensation you deserve.
What to Do After a Florence, SC Motorcycle Accident
The moments and hours immediately following a motorcycle accident are among the most important in your entire claim. After an accident, evidence can start disappearing right away. The sooner you act and take the right steps for your personal injury claim, the better chance you have of building a strong case.
After a motorcycle accident in Florence, you should:
- Report the accident. Report the accident to the authorities immediately. For you to be compensated for your injuries and property damage, you’ll likely need a police report.
- Get to a safe place. Move yourself and your motorcycle off the road if you are in danger of being hit again.
- Take pictures and video footage of the accident scene. Get as much evidence as you can. Photos and video footage from multiple distances and angles can paint a clear picture of the crash for your attorney. If you have a camera on your motorcycle, save the footage of the crash.
- Exchange contact and insurance information with the other party. You may do this through a police officer if the other party is aggressive or uncooperative, but either way, make sure you have the information you need to hold them accountable.
- Get contact information from witnesses. If any witnesses stopped to prove help, make sure you get their contact information before leaving the scene. Your lawyer may wish to contact them.
- Seek medical attention. You may only feel a little sore or not feel injured at all. However, injuries from vehicle collisions can be hard to identify right away. The rush of adrenaline you experience during an accident limits your body’s ability to feel pain, so injuries may not become obvious until much later. Make sure you get medical care right away, both for the sake of your physical health and your ability to seek compensation.
- Contact a Florence, SC motorcycle accident lawyer. You should retain a motorcycle accident attorney before you have any contact with the insurance companies. Your attorney will help you know what to say and do.
Understanding Motorcycle Accident Compensation in Florence, South Carolina
When a motorcycle accident occurs in Florence, SC, the primary goal for victims is to recover and be made whole again, as much as possible. This recovery often involves seeking financial compensation from the at-fault party or their insurance company.
The amount of compensation a victim is entitled to receive is not a predetermined figure; rather, it is highly dependent on the unique circumstances of the crash, the severity of the injuries, and, importantly, the effectiveness of their legal representation. A skilled attorney plays a pivotal role in meticulously documenting damages, negotiating with insurance companies, and, if necessary, litigating the case to secure a fair settlement or verdict.
Generally, the more profoundly an accident impacts a person’s life, disrupting their daily routines, work, and overall well-being, the higher the potential for substantial compensation. It’s not simply about being involved in an accident; it’s about the verifiable losses and suffering incurred as a result.
Compensation is not a single lump sum for the mere fact of being in an accident. Instead, it is meticulously broken down into several distinct categories, each addressing a specific type of loss or damage. This detailed categorization ensures that all aspects of a victim’s suffering and financial strain are accounted for in the final settlement or award.
Medical Fees and Expenses
One of the most immediate and often overwhelming consequences of a motorcycle accident is the accumulation of medical bills. Compensation for medical fees and expenses is designed to cover the full spectrum of healthcare costs incurred due to the accident. This category is comprehensive, encompassing everything from the initial emergency response to ongoing rehabilitative care.
This includes ambulance expenses, which are often significant, as well as the costs associated with emergency room visits and initial diagnoses. Medication copays, whether for pain management, antibiotics, or other necessary prescriptions, are also covered.
Travel expenses, such as mileage to and from doctor’s appointments, physical therapy sessions, and specialist consultations, are legitimate medical expenses that can add up over time and should be included in a claim. Surgical bills, a major component of severe injury cases, are a significant part of this compensation category. Beyond these direct costs, any other expenses directly related to medical care, such as medical devices, assistive technology, or in-home care services, are also factored in.
Crucially, if an individual’s injuries are severe and are projected to require long-term or future care, the compensation sought will also include an estimate for these future medical expenses. This often involves expert medical testimony to project the costs of future surgeries, ongoing therapies, specialized equipment, and medication for the remainder of the victim’s life or until maximum medical improvement is reached. This foresight ensures that victims are not left with outstanding medical debts years down the line due to the accident.
Lost Wages and Future Lost Wages
A motorcycle accident can abruptly halt a person’s ability to work, leading to immediate financial hardship for themselves and their families. Compensation for lost wages addresses the income that a victim has missed from the time of the accident until they can return to work.
This includes not only their base salary but also any lost overtime, bonuses, commissions, or other forms of income that they would have earned if not for the injury. Documentation such as pay stubs, employment records, and tax returns are essential in proving these losses.
Furthermore, if the injuries sustained are so severe that they permanently impact an individual’s ability to work at their previous capacity, or even prevent them from working entirely, they may be entitled to additional compensation for future lost wages. This is often referred to as loss of earning capacity.
This type of compensation is particularly complex to calculate and typically requires the expertise of an economic expert.
The expert will analyze the victim’s pre-accident earning potential, their age, education, work history, and the extent of their permanent disability to project their lost income over their remaining working life. This ensures that the victim is compensated for the long-term financial impact of their diminished earning capacity.
Property Damage
Beyond the personal injuries, a motorcycle accident almost invariably results in damage to the motorcycle itself. Compensation for property damage covers the costs associated with repairing or replacing the damaged vehicle. If the motorcycle can be repaired, the at-fault party’s insurance should cover the full cost of the repairs, including parts, labor, and any associated towing or storage fees.
In cases where the motorcycle is deemed a total loss – meaning the cost of repairs exceeds the vehicle’s fair market value – the victim is entitled to compensation for the fair market value of the motorcycle immediately before the accident. This valuation typically takes into account the motorcycle’s make, model, year, mileage, condition, and any custom modifications. This compensation aims to allow the victim to replace their damaged motorcycle with a comparable one, ensuring they are not left without transportation or facing a significant financial burden to acquire a new vehicle.
Disability and/or Disfigurement
Motorcycle accidents can lead to profound and life-altering injuries that result in permanent disability or disfigurement. The impact of such injuries extends far beyond physical pain; they often necessitate a fundamental restructuring of a person’s life, affecting their independence, self-esteem, and ability to engage in activities they once enjoyed. Compensation for disability and/or disfigurement aims to assist victims in navigating these profound changes.
Disability can manifest as the loss of a limb, paralysis, chronic pain, or significant limitations in mobility. Such conditions often require extensive adaptations to a person’s home, specialized equipment, ongoing personal care, and a complete change in lifestyle.
Disfigurement, whether from severe burns, scarring, or loss of facial features, can lead to significant psychological distress, impacting a person’s self-image and social interactions. This type of compensation acknowledges these life-altering changes and provides financial assistance to help victims cope with the long-term consequences, including the costs of rehabilitation, assistive devices, home modifications, and psychological counseling. It aims to provide resources that allow individuals to recreate their lives as meaningfully as possible in the face of their new reality.
Mental Anguish
The trauma of a serious motorcycle accident is not limited to physical injuries. Many victims experience significant emotional and psychological distress, collectively referred to as mental anguish. This can manifest in various ways, including Post-Traumatic Stress Disorder (PTSD), anxiety, depression, phobias (particularly fear of riding or being a passenger on a motorcycle), and sleep disturbances. The psychological impact can be as debilitating as the physical injuries, affecting a person’s ability to work, maintain relationships, and enjoy life.
Compensation for mental anguish aims to provide financial support for the mental health needs that arise directly from the accident. This can include the cost of therapy, counseling, psychiatric evaluations, and medication to manage symptoms. It also acknowledges the profound emotional suffering endured by the victim, even if not directly tied to a specific medical bill. Proving mental anguish often involves testimony from mental health professionals who can attest to the diagnosis, prognosis, and the impact of the trauma on the victim’s life.
Pain and Suffering
Perhaps one of the most challenging, yet crucial, categories of compensation to quantify is pain and suffering. This encompasses the physical pain experienced by the victim, both during and after the accident, as well as the emotional distress and inconvenience caused by the injuries. The pain caused by a motorcycle accident can be excruciating and debilitating, lasting for weeks, months, or even a lifetime. It can make everyday tasks difficult, if not impossible, and significantly diminish a person’s quality of life.
Pain and suffering compensation acknowledges the non-economic damages that are a direct result of the accident. It accounts for the acute pain from initial impact and injuries, chronic pain that may develop, discomfort during medical procedures and rehabilitation, and the overall reduction in the victim’s enjoyment of life.
While there isn’t a specific bill for “pain,” this compensation seeks to provide a monetary value for the profound physical and emotional distress endured. The amount awarded for pain and suffering is often determined by factors such as the severity and duration of the pain, the impact on daily activities, and the overall effect on the victim’s quality of life. An experienced attorney can effectively present the full scope of a client’s pain and suffering to ensure this critical component of compensation is adequately recognized.
Motorcycle Accident Lawyer in Florence, SC
At Peake & Fowler, we strive to help accident victims like you get what you are owed after an accident. Motorcyclists have lots of hurdles to clear when trying to get a full and fair settlement.
First, it is likely that you are far more injured than the driver or passengers of the car that hit you. Motorcycles simply offer less physical protection, so riders’ injuries are likely to be more serious.
The consequences of these injuries can extend far beyond the initial pain and recovery time. They can lead to long-term physical limitations, ongoing medical needs, and emotional distress that impacts every part of your life. The road to recovery is often a difficult one, and it is a journey you shouldn’t have to take alone, especially when navigating a complex legal system.
Second, there is a societal bias against motorcyclists. Insurance companies and drivers view motorcyclists as people who infringe on a car’s right to the road, rather than as someone who has equal rights on the road.
Furthermore, many view motorcyclists as inherently risky and careless, so there’s an assumption that any accident involving a motorcyclist is the rider’s fault. This prejudice can significantly undermine a rider’s claim, as it sets a negative tone from the very beginning of negotiations. This is why having someone on your side who understands and can counteract this bias is so important.
The team at Peake & Fowler understands firsthand the challenges facing riders. We know how hard insurance companies fight to prevent riders from getting full compensation. From implying that the accident was your fault to trying to coerce a recorded statement out of you, insurance adjusters do anything they can to protect their profit margins. Their priority is their bottom line. Our priority is your well-being and stability after an accident.
The Importance of a Thorough Investigation
A motorcycle accident case is built on facts and evidence. It’s not enough to simply state that the other driver was at fault; you must be able to prove it with concrete information. A complete and detailed investigation is the cornerstone of a strong case.
This process begins immediately after the accident, with the gathering of a police report. However, the police report is only the starting point.
Going Beyond the Police Report
A comprehensive investigation goes much deeper. It involves visiting the accident scene to collect photographic and video evidence, which can show skid marks, debris fields, and the position of the vehicles. This visual evidence can be powerful in demonstrating the dynamics of the crash.
We also work to locate and interview any witnesses who saw the accident occur. Eyewitness testimony can be invaluable, as it provides an unbiased perspective on what happened. Furthermore, we may consult with accident reconstruction specialists who can use the physical evidence to create a detailed analysis of the crash, providing a clear picture of how the other driver’s negligence led to the collision. This level of detail is crucial for countering any claims of rider fault.
Calculating the True Cost of Your Injuries
Motorcycle accidents often result in severe and life-altering injuries. The cost of these injuries extends far beyond the initial emergency room visit. Your claim must account for all of your medical expenses, both current and future. This includes ambulance rides, hospital stays, surgical procedures, and follow-up appointments.
Medical and Rehabilitation Costs
Your claim also covers the cost of physical therapy, rehabilitation, and any necessary medical equipment. If your injuries are permanent, the costs of long-term care, adaptive technology, or home modifications must also be included.
Lost Wages and Future Earnings
Beyond the financial costs of medical treatment, a motorcycle accident can impact your ability to work and earn a living. If your injuries have caused you to miss time from work, you are entitled to compensation for lost wages. If your injuries prevent you from returning to your job or from performing your job duties at the same level as before, you may also be entitled to compensation for a loss of future earning capacity. This requires a careful calculation of what you would have been able to earn over your lifetime had the accident not occurred.
Pain and Suffering
We also consider non-economic damages, such as the pain and suffering you have endured. This includes the physical pain, emotional distress, mental anguish, and loss of enjoyment of life that the accident has caused.
Countering Insurance Company Tactics
After an accident, the insurance company for the at-fault driver will likely contact you quickly. They might present themselves as your friend, offering to help you through the process. However, their primary goal is to get you to settle your claim for the lowest possible amount.
They may pressure you to give a recorded statement, which they can then use to find inconsistencies in your story or to blame you for the accident. They might also make a quick, lowball offer, hoping that the immediate financial pressure from medical bills will compel you to accept less than you are truly owed.
When you have a legal team representing you, you can direct all communication from the insurance company to your representatives. This allows you to avoid these coercive tactics and ensures that all information shared is handled by someone who understands the legal landscape. We will handle all negotiations, presenting a well-documented case that proves the other driver’s fault and justifies the full value of your claim.
The aftermath of a motorcycle accident is a time for healing. Recovering from significant injuries takes time, energy, and focus. You should not have to spend this critical period fighting with insurance adjusters, gathering documents, or worrying about how you will pay your bills.
When you have Peake & Fowler on your side, we take on the burden of the legal process. This frees you up to focus on what matters most: your physical and emotional recovery. We will handle the paperwork, communication, and negotiation, allowing you to get the medical care you need and to rebuild your life.
Our commitment is to help you achieve stability and security so you can move forward with confidence. We are dedicated to ensuring you receive the compensation you need to cover your losses and secure a more stable future. We will guide you through every step of the process with care and attention, making sure you feel supported and informed along the way.
The Team at Peake & Fowler is Ready to Help
The sooner you get in touch with us to start your motorcycle accident claim, the sooner we can start helping you fight. Schedule a consultation now by contacting our team online or calling us at 803-788-4370.
