Charleston Motorcycle Accident Lawyer

You may love the freedom and adventure of taking your motorcycle out on South Carolina’s roads. However, a collision caused by a careless driver can result in severe injuries or death.

Our Charleston motorcycle accident lawyers can help you navigate this challenging situation. Contact Bringardner Injury Law Firm for a free personal injury consultation if you have been a victim of a motorcycle accident.

Why Hire a Charleston Motorcycle Accident Lawyer?

During the aftermath of a motorcycle collision, there are many aspects of a case that you need to consider.

When a driver strikes your motorcycle or causes you to crash, you might suffer serious injuries. Some wounds may take a long time to heal and can affect your life for several months or even years after the crash. The time you take off of work, and the medical bills you incur, have financial impacts that last just as long. A serious crash can wreck your bike. strip you of your livelihood, and change your life forever.

What you are immediately up against after a motorcycle crash can make it difficult for you to navigate the future alone. It is often best to have an experienced Charleston motorcycle accident attorney by your side during the entire process.

Motorcycle Accident Statistics in Charleston County, SC

In 2021, there were 201 motorcyclists involved in accidents in Charleston, SC. The 2021 South Carolina Traffic Collision Fact Book reports that 93 motorcyclists sustained injuries in collisions. Forty of these wounds were categorized as serious, while the other 53 were minor. Additionally, 11 motorcyclists died.

Do Insurance Companies Have a Bias Against Motorcyclists?

Yes. Proving responsibility in motorcycle accidents may seem straightforward. However, this aspect of a case is challenging to argue to an insurer and its adjusters. Insurance companies often think that motorcyclists are usually somewhat liable for the accident for the following reasons:

Assumption of recklessness: Insurance companies may assume that you were speeding or ignoring traffic laws.
Age bias: If you are an older motorcyclist, insurance companies assume that you cannot operate a motorcycle safely.
Experience bias: Insurers tend to assume that young motorcyclists do not have enough experience on the road, including avoiding a potential accident.

An experienced Charleston motorcycle accident lawyer will prevent these often unfair accusations by insurance companies and can prove your case fairly and accurately. Our attorneys know that these biases can cause insurance companies to assign liability without examining the entire situation. We help gather the evidence to build our cases to demonstrate how you were riding safely and how the other driver was not.

What Should You Do as a Motorcycle Accident Survivor?

There are several steps you should take after a motorcycle accident to protect your rights and to hire the right attorney.

Contact emergency services

This step is vital for several reasons. You may need immediate medical treatment for some injuries.

Additionally, members of law enforcement document each aspect of the crash. They collect the following information:

Accounts of the accident
Eyewitness information
The condition of the vehicles
Physical evidence, such as skid marks

Law enforcement officials use this information to put together an accident report. A Charleston motorcycle accident lawyer may use this report to evaluate your case at a consultation, but a more thorough investigation is often needed to build an objective account of the crash.

Collect information

Before leaving the scene of the accident, if you can, speak to any eyewitnesses and collect their contact information as well. You should also record the names of the law enforcement officials at the scene. A Charleston motorcycle accident attorney will need all this information for your case, and while they can independently gather this information, the more information you can gather, the better.

Take photographs

It is important to have evidence about the collision. If you can, take pictures of the scene, your motorcycle, and all of the vehicles involved. If one of the vehicles struck an object nearby, such as a guard rail, get a photograph of this as well. Also, photograph skid marks.

The police report may include these observations, but you should have this information for your personal record.

FAQs About Motorcycle Accident Cases

What are the motorcycle insurance requirements in South Carolina?

To operate a motorcycle in South Carolina, your insurance needs to cover both bodily injury and property damage.

At a minimum, your policy needs the following amounts of coverage:

$25,000 for property damage. This covers damage to vehicles and nearby objects like fences and buildings.
$25,000 for bodily injury for one person.
$50,000 for bodily injury to cover each person wounded in an accident.

Your policy should also include coverage for uninsured motorists.

Does South Carolina have a helmet law?

Generally no, however, South Carolina requires motorcyclists to wear helmets if they are younger than 21. This helmet has to meet the regulations set by the Department of Public Safety. Motorcyclists older than 21 are not required by law to wear a helmet.

Can I sue for a loved one’s fatal motorcycle accident?

If your loved one died in a motorcycle collision, your family could have a wrongful death case. These situations can present many additional factors to consider. It is important to consult a Charleston motorcycle accident lawyer if a loved one was killed in a motorcycle accident.

Why Choose Bringardner Injury Law Firm for Your Case?

Motorcycle accidents can have several complicating factors. Traffic conditions, weather conditions, eyewitness accounts, and many other elements may be important. Additionally, there may be a third party involved if the driver was performing job duties during the collision. A bar or restaurant may have overserved alcohol to the driver, prompting a potential dram shop liability claim. Vehicle manufacturers could also become involved if a faulty component contributed to the accident.

A Charleston motorcycle accident lawyer can help you sort through all these details. The experienced injury attorneys at Bringardner Injury Law Firm have the experience to navigate complicated cases entirely on your behalf.

Contact a Charleston Motorcycle Accident Lawyer Now

The aftermath of a motorcycle accident is always challenging. Contact Bringardner Injury Law Firm for a free case consultation with a compassionate attorney who can help you understand your options.

The Auto Accident Claims Process

You are Injured in An Accident

What should I do after an accident?

Immediately after an accident, if you are injured, you should call 911 and seek immediate medical attention. This may seem obvious if you have pain at the scene of the collision, but often times injury victims may not feel pain until the adrenaline wears off, hours or even days after an accident. Any delay in seeking medical attention and the appropriate diagnostic testing could lead to problems down the road. Next, before contacting any insurance company, it can be smart to consult an experienced South Carolina accident attorney to protect your rights.

You will likely want to make sure that your medical records, bills, lost income, and other issues are being handled and documented properly.

Does health insurance pay for your medical bills? Does the other person’s insurance company pay? What is Medpay? How do you submit a claim for lost income? Should you go to your primary care doctor or a specialist? What if you don’t have a doctor? Who fixes your vehicle? Where do you take your vehicle? These are questions an experienced South Carolina personal injury attorney can assist you with. It may also be a good idea to have your attorney conduct an investigation on your behalf as soon as possible so important evidence does not get lost.

How do I hire Bringardner Injury Lawyers?

First, you should call our office and speak with us directly about your case. Or, you can fill out our online form and we will call you as soon as possible to go over your claim and answer all of your questions. We are happy to meet with you in-person, through a virtual conference, or over the phone.

If you decide to hire us, we will send you the necessary paperwork so we can immediately begin working on your case.

So I've Hired A Lawyer. Now What?

When you hire us, we immediately go to work on your case. We will deal with the insurance company, the investigation, gathering of your medical bills, and building your case.

After getting your vehicle repaired or replaced, you only have 1 job to do after hiring us. Get better. We want you to focus on your recovery and follow all your doctors' orders. Doing this will hopefully put you on the path toward a full recovery.

Building Your Case

Immediately after you hire us, we will begin building your case. First, we will send a letter to the insurance company stating that you have retained representation, and that they are not allowed to contact you directly. They must go through us.

The Investigation

We quickly start investigating your accident by obtaining witness statements, obtaining evidence, gathering your medical records, calculating your wage losses and future medical bills, and any other damages you may have suffered as a result of your accident. Your only job is to go to the medical appointments and try to get better.

Settlement Negotiations

What's a Settlement?

A settlement is typically a sum of money paid by an insurance company. The vast majority of cases settle before going to court. However, we prepare all of our cases for a trial if that becomes necessary. We will fight to the fullest extent of the law to try and get you full and fair compensation.

How Long Will It Take?

Typically clients want to know two things: How much is my case worth and how long will it take? No lawyer knows the answers to those questions when you first hire them. The fact of the matter is that there are hundreds of factors that will determine the answers. Early in the case, you may not know the extent of any permanent injuries for which you may need compensation, and you may not know the total amount of your medical bills until a later date. Once your condition stabilizes and our investigation into the case is completed, your South Carolina accident attorney will be able to give you a more informed legal opinion. At that time a “demand” is typically sent to the insurance company to begin the potential settlement process.

Once a demand is sent to the insurance company, the insurance company usually responds after completing an evaluation of your case. At that point, your accident attorney will discuss the insurance company's response with you. If you are not satisfied with the insurance company's settlement offer or response, and no settlement is reached, then the next step is for your accident attorney to file a lawsuit. Most settlements are paid within 4 weeks of being accepted. However, if an acceptable settlement is not reached at this phase, the next step is for us to prepare and file a lawsuit.

Filing a Lawsuit

Filing The Complaint

Most of the time, auto accident cases are resolved in a settlement, but in some instances, they require a lawsuit to get resolved. In this instance, the first step is for your auto accident attorney to write a legal document called a complaint. The complaint is filed at the courthouse, and then the defendant (more likely his insurance company) will have an attorney file a formal response with the Court. Filing a lawsuit does not mean that you are going to trial. Again, the vast majority of lawsuits also settle before trial. People often think they are “going to court” if the file a lawsuit. In layman’s terms, the filing of a lawsuit simply takes the case out of the informal setting between your lawyer and the insurance company and formally puts it in into the court system so that a judge can assist with any legal disputes that arise.

Discovery

The discovery phase begins after a lawsuit is filed. This phase of the case allows both sides to ask questions and obtain additional documents that may not have been available without a subpoena. The purpose is to “discover” the other side's evidence, and learn more about the opposing party's case. This is done by many methods, including submitting requests for documents, and submitting interrogatories (questions in writing that the opposing party must answer) or depositions (in-person or videoconference interviews conducted by the attorneys.)

We will be by your side, every step of the way, to fight for a favorable outcome in your case.

Alternative Resolution Methods

At any point during the case, you can decide to settle your case. There are several ways to settle a case.

Negotiation

Sometimes cases settle on “the court house steps”. That means that the case settles right before trial. Often times, the threat of a jury trial is the only thing that encourages the insurance company to increase their settlement offer. That is because during your case, the settlement money is under their control. Once a trial begins, the insurance company loses some of that control and it is placed in the hands of the judge and/or jury – who may order a lot more money to be paid to you than what the insurance company wants to offer. Sometimes the most reasonable and fair settlement offers do not get made until right before a trial is scheduled to begin. Some cases even settle during or even after trial. While this is less common, it occurs from time to time.

Mediation

Mediation is a process where both parties meet in front of an agreed-upon mediator. Mediators are trained professionals who are skilled at moderating fair negotiations. The goal of mediation is a resolution, but if no resolution is reached, the case will continue on.

During The Course Of The Case, Both Parties May Also Engage In Direct Negotiations.

Trial

We prepare every case as if we are going to trial. We believe the best way to avoid trial and obtain the best settlement possible is to show the insurance company that we will accept nothing other than a fair settlement, and take it to a trial if it is necessary.

What Happens At Trial?

At trial, we will present your case in front of a jury or judge to let them decide the fair value of your case.

Resolution

At the end of trial, we typically receive a verdict, which can result in a judgement. Trial can take anywhere from a day to a week (or more) depending on the complexity of the case.

I would highly recommend Attorney Bringardner and Inez bennett amazing people committed to excellence. Extremely personal and professional and truly loves helping their clients. Very easy to talk to and nice you're definitely going to feel like family. If i could give 10 stars I would. If your looking for an attorney who is going to listen to you, understand you and go up and beyond for you this is your attorney!!!

Jotavia Myers

July 23, 2021

It was a very positive experience being represented by Mark Bringardner. He always kept me apprised of the latest developments on my case and of the various options open for resolution. When asked, Mark offered his recommendations of the most advantageous outcome, though ultimately he let me make the final decision. Through Mark’s negotiating expertise, the best possible (and better than expected) settlement was achieved. For the above reasons, I would highly recommend Mark’s services.

Linda Caplis

May 12, 2021

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