Motorcycle Accident Attorneys in Rock Hill, South Carolina

Motorcycle accidents can be a life-changing occurrence. According to the National Highway Traffic Safety Administration, in 2020, 82,528 motorcycle riders sustained injuries, while more than 5,000 motorcyclists lost their lives in traffic incidents. Personal injuries sustained in motorcycle accidents can leave long-lasting effects on victims while devastating their families. That is why we combine our strong litigation skills with personalized attention to help our clients in times of need. 

At Duncan and Nobles, we fight for your right to fair compensation. We believe in tackling the complex legal system to help our clients overcome challenges and move on with their lives. We proudly serve the Rock Hill, South Carolina, community. We also take pride in helping our clients throughout Chester and Lancaster Counties with personal injury or wrongful death claims. 

Steps to Take When Injured in a Motorcycle Accident 

Accidents are a lot. It’s understandable to not be sure of what to do after you or a loved one is involved in one. Don’t hesitate to reach out to us for guidance. But as a general rule of thumb, folks involved in any traffic accident should follow these steps: 

1. Seek medical assistance. When involved in an accident, victims must seek medical assistance immediately. Even if there are no apparent injuries, getting a medical professional to conduct a checkup is important. Please remember that injury symptoms may take some time to emerge. So, it is vital to get medical attention at once. 

2. Call the police. Contact the police to report the accident. The police will create an accident report useful for insurance claims and legal proceedings. 

3. Gather information. Collect the names, phone numbers, and insurance information of everyone involved in the accident. If there were any witnesses, try to get their contact information as well. 

4. Document the scene. Take pictures of the accident scene, including the location, any vehicle damage, and any other relevant details. 

5. Contact the insurance company. Notify the insurance company of the accident as soon as possible. They will ask for details about the accident and may send an adjuster to assess the damage. 

6. Consult an attorney. Consider hiring a personal injury attorney regardless of personal injury severity. They can help victims navigate the legal process. A professional personal injury attorney can help victims recover damages for injuries and other losses. 

South Carolina Motorcycle Laws 

The following are crucial motorcycle laws riders and passengers must observe: 

• Helmet law - All motorcycle riders and passengers in South Carolina are required to wear helmets that meet or exceed the standards set by the Department of Transportation (DOT). 

• Eye protection - All motorcycle riders and passengers must wear eye protection unless the motorcycle is equipped with a windscreen that is at least 15 inches high. 

• Insurance requirements - Motorcycle riders in South Carolina are required to have liability insurance coverage. The minimum coverage limits are $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people, and $25,000 for property damage. 

• Lane splitting - Lane splitting is illegal in South Carolina. Motorcyclists must follow the same road rules as other drivers, including staying within their designated lane of travel. 

• Passenger age restrictions - Passengers on motorcycles must be at least 8 years old and able to reach the footrests or passenger pegs with their feet. 

• Handlebar height - Handlebars on motorcycles cannot be positioned higher than the rider's shoulders. 

• Exhaust noise limits - South Carolina law prohibits the operation of any motorcycle that exceeds a noise limit of 82 decibels when measured at a distance of 50 feet or more from the motorcycle. 

Determining Fault in South Carolina 

Determining fault in a South Carolina motorcycle accident is based on negligence. To establish negligence, the following four elements must be present: 

• Duty - The other driver had a legal duty to exercise reasonable care while driving. 

• Breach - The other driver breached their duty of care by acting negligently or recklessly. 

• Causation - The other driver's breach of duty caused the accident. 

• Damages - The victim suffered damages as a result of the accident. 

Please note that South Carolina follows the doctrine of comparative negligence. This rule means that fault for the accident can be divided among all parties involved in proportion to their degree of negligence. For example, if the other driver was 80% at fault for the accident and the victim was 20% at fault, the victim may still be able to recover damages for injuries, but their ultimate compensation would be reduced by 20%. 

Filing a Wrongful Death Claim for a Loved One 

When a loved one is incapacitated temporarily or killed due to their accident injuries, family members such as the spouse, children, or parents may file a wrongful death lawsuit. If the victim doesn’t have any surviving family members, the heirs they’ve designated in their estate plan can bring forth the lawsuit.  

Please bear in mind that the liable party’s negligence is the basis for any personal injury or wrongful death claim. However, establishing and proving negligence can be challenging. That is why hiring a professional motorcycle accident attorney can help you recover the maximum compensation you deserve.