Motorcycle accidents in Greenville often result in severe physical and financial consequences for riders. Because motorcycles lack the external protection of a passenger vehicle, even a low-speed collision can lead to life-altering injuries. Our Greenville motorcycle accident lawyers can hold the responsible party accountable and get you compensation for your injuries.
If you were involved in a Greenville, SC motorcycle accident, you are likely facing medical bills, lost wages, and costs to address property damage. South Carolina laws regarding fault and insurance coverage are specific, and navigating them requires a clear understanding of state statutes and insurance policy provisions.
At David R. Price, Jr., P.A., we provide the legal support necessary to hold at-fault parties accountable and ensure insurance companies treat injured riders fairly.
What Is the Main Cause of Motorcycle Accidents in Greenville?
Several specific factors contribute to the frequency of collisions in Greenville, including:
1. Failure to Yield Right of Way
Drivers of passenger vehicles frequently fail to see motorcyclists at intersections. This often occurs when a car turns left in front of an oncoming motorcycle. Drivers may misjudge the speed of the motorcycle or fail to notice it because of its smaller profile.
2. Distracted Driving
Texting, adjusting GPS devices, or eating behind the wheel pulls a driver’s attention away from the road. South Carolina law under S.C. Code § 56-5-3890 prohibits the use of a wireless electronic communication device to compose, send, or read a text message while driving.
3. Speeding and Reckless Driving
Speed remains a leading factor in South Carolina traffic fatalities. When a driver exceeds the posted speed limit, their stopping distance increases, making it difficult to avoid a motorcycle that slows down or changes lanes. Reckless driving under S.C. Code § 56-5-2920 involves a willful or wanton disregard for the safety of others, and these behaviors are particularly dangerous for riders.
4. Impaired Driving
Alcohol involvement remains a major factor in motorcycle fatalities statewide. According to NHTSA data, 40% of motorcycle fatalities in South Carolina in 2021 involved a rider or driver with a blood alcohol concentration of 0.01% or higher, and 32% involved a BAC at or above the legal limit of 0.08%.
5. Unsafe Lane Changes and Blind Spots
Motorcycles are smaller and narrower than passenger vehicles, making them easy to miss during lane changes. Drivers who fail to check mirrors and blind spots before merging create life-threatening situations for riders.
What Kind of Compensation Is Available to Motorcycle Accident Victims?
When you pursue a legal claim after a Greenville, SC, motorcycle accident, you are seeking “damages,” which is the legal term for monetary compensation. Under South Carolina law, these damages are categorized based on whether they cover direct financial costs or intangible personal losses.
Economic Damages
Economic damages are quantifiable financial losses that have a specific dollar amount attached. These are typically proven through receipts, invoices, and employment records.
- Medical Expenses: This covers ambulance fees, emergency room visits, surgeries, hospital stays, prescription medications, and ongoing medical costs.
- Lost Wages: If your injuries prevent you from working, you can recover the income you lost during your recovery.
- Loss of Earning Capacity: In cases of permanent disability, you may be entitled to compensation for what you could have earned over your lifetime.
- Property Damage: This covers the cost to repair or replace your motorcycle, as well as riding gear like helmets, jackets, and boots damaged in the collision.
Non-Economic Damages
Non-economic damages compensate for the subjective, non-monetary impacts of an accident. These do not come with a bill but are a significant part of a personal injury claim.
- Pain and Suffering: Compensation for the physical pain and discomfort caused by the accident and subsequent medical treatments.
- Emotional Distress: This addresses the psychological toll of the crash, including anxiety, depression, and post-traumatic stress disorder (PTSD).
- Disfigurement and Scarring: Many motorcycle accidents result in severe road rash or surgical scars. Victims can seek damages for the permanent changes to their appearance.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies or activities you enjoyed before the accident, you may receive compensation for this loss.
Punitive Damages
Punitive damages are designed to punish the at-fault party for especially reckless or willful behavior, such as drunk driving or extreme speeding. These damages are generally capped at three times the amount of compensatory damages or $500,000, whichever is greater.
How Fault Is Determined in a Greenville, SC, Motorcycle Accident
South Carolina is a tort liability state, meaning the person who caused the accident bears financial responsibility for the resulting damages. Fault in a motorcycle accident is determined by investigating the evidence: Police reports, witness testimony, traffic camera footage, vehicle damage patterns, and sometimes accident reconstruction analysis.
South Carolina follows a modified comparative negligence standard under S.C. Code § 15-38-15. Under this rule, an injured rider can still recover damages so long as the rider’s own fault does not exceed 50% of the total fault.
If the rider is found to be more than 50% at fault, the rider is barred from any recovery. If the rider is found to be partially at fault but at 50% or less, the damages award is reduced in proportion to the rider’s percentage of fault.
Under S.C. Code § 15-3-530(5), most personal injury victims in South Carolina have three years from the date of injury to file a lawsuit. The exception is for personal injuries caused by state entities or employees, in which case the statute of limitations is often two years. Missing this deadline almost always results in the court dismissing the case, regardless of its merits.
How a Motorcycle Accident Lawyer Can Help
A motorcycle accident attorney can help by working to preserve and collect evidence before it disappears.
Your lawyer will identify all liable parties, which may include the other driver, a vehicle manufacturer, or a government entity responsible for road maintenance. The firm will calculate the full value of your claim, to include medical bills, lost wages, future treatment costs, pain and suffering, and loss of enjoyment of life. Then, the firm will work to identify all insurance policies and other potential sources of recovery, in order to collect as much of the value of your claim as possible.
Your attorney handles all communications with the at-fault party’s insurance company to prevent lowball offers or recorded statements that could damage your case. If a fair settlement cannot be reached, your lawyer will file your lawsuit within the statute of limitations.
Contact a Greenville Motorcycle Accident Lawyer Today
The aftermath of a motorcycle crash is a time of physical pain and financial stress. You do not have to handle the legal process alone. The attorneys at David R. Price, Jr., P.A. understand the specific challenges that Greenville motorcycle riders face. We focus on uncovering the facts of the case to hold negligent drivers accountable for the harm they cause our clients.
If you or a loved one was injured, contact our office at 864-271-2636 to request a free consultation.