It is no secret that South Carolina has a large percentage of motorcyclists on its roads. Unfortunately, motorcyclists are at a higher risk of injury – or death – when a crash occurs. If you or someone you know has been involved in a motorcycle accident, monetary damages may be awarded depending on the particular facts of the case. Because there are substantial hurdles a plaintiff must overcome in a personal injury case before succeeding in court, it is important to hire a knowledgeable South Carolina bike crash attorney right away.
Bike Crash Statistics
According to outh Carolina’s Department of Public Safety, there were 1,819 motorcycle crashes in 2010. Furthermore, despite accounting for only 1 percent of all vehicle accidents, motorcycle crashes account for 10 percent of all traffic fatalities. In the same year, motorcycle crash injuries resulted in 751 hospitalizations and 2,963 ER visits. This totaled $73,718,189 worth of hospital and ER charges. Likewise, the Insurance Institute for Highway Safety reports that the federal government estimates the number of deaths in 2012 related to motorcycle crashes is 26 times more than those that occurred in passenger vehicles.
South Carolina Motorcycle Laws
There are numerous reasons why motorcyclists are at a greater danger for injury or death than drivers of passenger vehicles. Lane splitting – or when a motorcyclist weaves between traffic lanes – is illegal in South Carolina. Nevertheless, this still occurs. As a result, drivers of passenger vehicles may not see a person on a motorcycle because of speed, size, or blind spots. Another reason is that laws presently in place regarding motorcyclists are not sufficient. For example, there are no age restrictions for passengers of motorcycles. Strict helmet laws exist in South Carolina, but those only apply to riders age 21 and under.
The Role of a Charleston Motorcycle Attorney
A skilled motorcycle accident attorney will thoroughly investigate the case to present the best evidence in court on behalf of a client. Gathering proof of the other party’s negligence will be vital to proving liability. Some behaviors that point to liability include driving under the influence, tailgating, failing to yield, cutting off a motorcyclist, swerving in front of a biker, and exceeding the posted speed limit. Ways in which an aggressive attorney may gather evidence to prove fault may include: reviewing police reports, photos, and street surveillance; collecting statements of witnesses; recreating the crash with accident re-creation specialists; or analyzing medical reports to establish how injuries were likely incurred.