Lexington Motorcycle Accident Lawyers
There are few activities that are more refreshing and give you greater sense of freedom than riding a motorcycle while enjoying all of the gorgeous countryside South Carolina has to offer. Whether you ride to commute to work, for recreation, or both, the feeling of riding into the fresh open air with the wind at your back makes biking one of the most enjoyable activities to participate in.
Motorcycle riding is fun and exhilarating, but it can also be very risky. Unlike vehicle occupants, motorcyclists do not have a steel cage to protect them, and when they collide with another vehicle or object, there is not much that separates their bodies from hitting the pavement. This is one of the reasons why a motorcyclist is 28 times more likely to be killed in an accident (per hundred thousand miles traveled) than an occupant of another vehicle. And when someone suffers a serious or fatal injury in a motorcycle accident, they (or their loved ones) have a right to be compensated.
At Peake & Fowler, we have over two decades of experience successfully representing clients who have been injured in motorcycle accidents in Lexington and other South Carolina communities. Our lawyers have been an in-depth understanding of the complexities involved with these types of cases, and we put our experience to work to pursue maximum compensation on behalf of each client we serve.
We are bikers as well, and we understand how insurance companies often look down on motorcyclists and assume that they caused the accident by driving too fast or making other risky moves. We all know that this is an unfair stereotype, and that the majority of motorcycle accidents are (at least partially) the fault of a vehicle driver. We will stand up to the insurance company and advocate aggressively for your rights and interests.
Common Reasons Lexington, SC Motorcycle Accidents Occur
As mentioned earlier, in most cases, motor vehicle drivers play a role in causing a motorcycle accident. Here are some of the most common contributing factors:
- Drunk Driving: In spite of high-profile public awareness campaigns that have been running for several decades now, far too many motorists make the horrible and often fateful decision to get behind the wheel after having too much to drink. Whether it is the motor vehicle driver or the motorcyclist who is intoxicated, drunk driving impairs the ability to drive safely and generally results in poorer driving decisions.
- Drowsy Driving: Driving while drowsy or fatigued happens far more often than most people believe. This practice is especially common among commercial truck drivers and others who put in long hours driving on the road. A drowsy driver can fall asleep behind the wheel, but even if that does not happen, they tend to have reduced peripheral vision, causing them to miss important details on the road.
- Reckless Driving: Many motorcycle accidents in Lexington and throughout South Carolina result from aggressive and/or reckless driving behaviors. These may include excessive speeding, weaving back and forth between lanes, tailgating, running stop signs and stoplights, and refusing to yield the right-of-way. Driving in this manner endangers everyone on the road.
- Unsafe Lane Changes and Turns: A motorcycle accident can happen because drivers are not being careful to notice a motorcycle that enters their blind spot. This may result in a collision when the driver attempts to change lanes or make a turn. Many newer vehicles are now equipped with blind spot monitors to help reduce these types of accidents, but the majority of the vehicles on the road still do not have them.
- Distracted Driving: These days, motorists have more distractions than ever before. One of the most dangerous distractions we have is our smartphones. While it is great to be able to stay connected all the time, many motorists are tempted to send and receive texts and other types of electronic messages while they are driving. Focusing totally on your phone makes it easy to not see a motorcycle that is riding nearby.
- Faulty Vehicles/Vehicle Parts: Some motorcycle accidents happen because of a defective vehicle or vehicle part that fails in the wrong place and at the wrong time. When this occurs, the injured party may be able to file a product liability claim against the manufacturer, supplier, or distributor of the faulty product.
Motorcycle accident fatalities have been rapidly increasing in recent years. During the 1990s, the number of annual deaths averaged between 2,000 and 3,000. In the early 2000’s, the number of deaths started to rise, breaking 4,000 in 2004. In 2007, another tragic threshold was crossed as the fatality rate broke 5,000, and the annual fatality rate has remained around the 5,000 level ever since.
2007 was also the year Apple released its first version of the iPhone. Since then, smartphone use has become widespread and the vast majority of Americans possess them. Many experts believe that there is a strong correlation between the rise in smartphone use and the sharp increase in motorcycle accident deaths. Motorcyclists must be extra diligent to watch for drivers who might be distracted by their cell phones and to keep their distance from them.
Pursuing a Motorcycle Accident Claim in Lexington, South Carolina
As we touched on earlier, motorcycle accidents can result in severe and catastrophic injuries. And those who are injured in an accident in Lexington or anywhere else in South Carolina are entitled to full and fair compensation for their losses.
Damages from a motorcycle accident claim may include not only direct monetary losses such as medical expenses, lost earnings, and property damage, but also noneconomic losses such as pain-and-suffering, emotional distress, and diminished quality of life. If the actions of the party responsible for the accident were willful, malicious, or grossly negligent, punitive damages may also be awarded as punishment for their wrongdoing.
South Carolina is a “modified comparative negligence” state, meaning that an injured party can recover damages even if they share some of the blame for the underlying accident or event, as long as the injured party is found to be no more than 50% responsible. That said, any damage award would be reduced in proportion to the percentage of fault they share. For example, if your total losses equaled $100,000 and you are found to be 20% at fault, your damages would be reduced by $20,000 to a total of $80,000.
It is strongly likely that the insurance company for the other side will try to pin at least some of the blame on you so they can mitigate their losses, and this is why it is very important to work with a skilled and knowledgeable attorney who has the proven ability to recover full damages on your behalf.
Injured in a Motorcycle Accident in Lexington, SC? Speak with Our Experienced Attorneys Today
If you or someone close to you suffered injury in a motorcycle crash in South Carolina, contact Peake & Fowler for strong legal guidance. Message us online or call our office today at (800) 946-9461 to schedule a free consultation. We look forward to serving you!
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9357 Two Notch Road
Columbia, South Carolina 29223
Phone: (803) 788-4370
fax: (803) 788-7432
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Peake & Fowler Law Firm, P.A., is located in Columbia, SC and serves clients in and around Newberry, Lexington, Sumter, Allendale, Orangeburg, St. Matthews, Bishopville, Florence, Blythewood, State Park, Eastover, Columbia, Elgin, Irmo, Hopkins, Ridgeway, Lugoff, Ballentine, West Columbia, Kershaw, Camden, Dusty Bend, and Richland County, Lexington County, Calhoun County, Orangeburg County, Sumter County, Kershaw County, Newberry County, Fairfield County, Lee County, Clarendon County and Florence County.