Surfside Beach Motorcycle Accident Lawyers

Helping Injured Riders in Myrtle Beach and the Grand Strand

While any motor vehicle accident can have devastating and life-altering consequences, motorcycle collisions tend to be among the most catastrophic. Sadly, even when they wear protective gear, motorcycle riders are at a high risk of suffering severe and even fatal injuries.

At Tom McGrath’s Motorcycle Law Group, we understand the challenges motorcycle accident victims face on a personal level. We are not only dedicated personal injury attorneys, but we are also avid riders ourselves. Our team recognizes what you are up against, and we are prepared to fight for the justice you deserve. And if we don’t win your case, you won’t have to pay us any fees!

Injured in Surfside Beach? Call The Team That Rides® at (855) 529-7433 for a free consultation.

Who Is at Fault for Most Motorcycle Accidents?

Most motorcycle accidents are the result of negligence—but who is to blame? While many people believe that motorcyclists are dangerous, risk-taking drivers, our accident lawyers at Tom McGrath’s Motorcycle Law Group know that this is not the case. In fact, negligent car and truck drivers are often at fault for these crashes.

Common causes of motorcycle accidents include the following types of driver negligence:

• Speeding
• Driving aggressively
• Passing unlawfully
• Failing to look out for motorcyclists
• Running red lights or stop signs
• Driving while intoxicated or impaired
• Tailgating motorcyclists
• Cutting motorcyclists off
• Merging or turning unsafely or illegally
• Opening car doors into motorcyclists’ paths
• Failing to yield the right of way
• Distracted driving, such as texting while driving

When motorists are negligent or act recklessly, they endanger the lives of everyone around them, especially motorcycle riders and their passengers. Our proven lawyers strive to hold at-fault drivers and other parties accountable for the immense harm they cause.

Filing a Motorcycle Accident Lawsuit in South Carolina

Motorcycle accident victims have three years from the date of the accident or injury to sue the at-fault party. In legal terms, this deadline is called the “statute of limitations,” and it may change based on a variety of factors.

For most cases in South Carolina, the clock starts running on the date of the accident, which is typically also the date of injury. However, in cases involving wrongful death, the statute of limitations extends three years from the date of death, regardless of whether this date is the same as that of the accident.

Don’t miss the statute of limitations for your case. Reach out to Tom McGrath’s Motorcycle Law Group for help. Our Surfside Beach motorcycle accident attorneys can help you figure out which deadline applies to you.

Motorcycle Accident Insurance Claims

The statute of limitations only applies to lawsuits, not insurance claims. In fact, most insurance companies require you to file personal injury or property damage claims within a “reasonable period of time.” There is no universal standard as to what constitutes a “reasonable period of time,” but it typically means several days to a couple of weeks.

Usually, accident victims will file an insurance claim before suing for compensation. This gives the insurance company the chance to compensate the victim in full without being sued. When insurance doesn’t pay, that’s when it’s time to take the matter to court.

Proving a Motorcycle Accident Case

South Carolina follows a traditional “tort,” or fault-based, system for motorcycle accidents. Under this system, crash victims must file insurance claims under the at-fault driver’s auto insurance policy. This, in turn, involves proving that the other driver (or another party) was at fault for the accident.

Like most personal injury cases, there are four main elements of a typical motorcycle accident case:

• Duty of care: You only have a claim if the defendant owed you a duty of care. Because motorists have an implied duty of care to others on the road, you may not need to prove anything other than the fact that the at-fault driver was sharing the road with you at the time of the crash.
• Breach of duty: One of the most important elements of your claim is proving that the defendant breached the duty of care. You may prove this by demonstrating that the defendant acted negligently or wrongfully (i.e. illegally) in some way, putting you at risk of injury.
• Injury and damages: You will also need to prove that you were actually injured and/or suffered measurable damages. Even if another driver was reckless or egregiously negligent, you do not have a claim unless you can prove that you suffered injuries, emotional harm, and/or financial losses.
• Causation: Lastly, you must prove that the defendant’s negligent or wrongful conduct was the direct or proximate cause of your injuries and damages. In other words, you must prove that you would not have been injured or suffered physical, emotional, or financial losses if the defendant had not breached the duty of care.

At Tom McGrath’s Motorcycle Law Group, we work alongside accident reconstructionists and other experts to determine exactly what happened and how. Our Surfside Beach motorcycle accident lawyers evaluate all available evidence and use this information to develop innovative and powerful cases for our clients.

How Much Is the Average Motorcycle Accident Claim Worth?

It is impossible to determine how much a random motorcycle accident claim will be worth. Since every situation is so different, there really is no average settlement or verdict.

The value of your claim will depend on numerous factors, including but not limited to:

• The nature and severity of your injuries
• Your medical expenses and treatment costs
• The projected cost of your future medical care
• Whether you missed work (and lost wages) due to your injuries
• Whether your injuries left you with permanent disabilities or impairments
• Your degree of fault (if any) in causing the accident
• What insurance coverage is available
• Whether or not your case goes to trial

All these factors and more will come into play when calculating your compensation. By law, you have the right to be compensated for the losses, or “damages,” you have suffered because of another person’s negligence.

Damages Available in a Motorcycle Accident Claim

There are two types of damages that accident victims may recover: economic and non-economic.

Economic damages are those associated with specific dollar amounts, while non-economic damages do not come with a bill.

Some examples of economic damages include:

• Medical expenses
• Future care costs
• Lost wages
• Lost future earnings
• Diminished earning capacity

It is crucial to recover your full compensation for economic damages. This way, you can avoid financial setbacks caused by the accident.

Non-economic damages include:

• Pain and suffering
• Loss of quality of life
• Loss of enjoyment of life
• Emotional distress
• Mental anguish

While you can’t put a price tag on the psychological toll of an accident, compensation can set you on the right path for moving forward.

In cases involving egregious negligence or wanton disregard for the safety of others, it may also be possible to pursue punitive damages. These are meant to punish the defendant for their wrongdoing, rather than compensate the victim for specific losses.

Don’t miss out on compensation. Let our motorcycle accident lawyers fight to recover your damages in full. At the very least, let us provide a free case evaluation so you can see how much you are owed.

Can You Sue Someone Personally After a Motorcycle Accident?

It is possible to bring a lawsuit directly against an at-fault driver after a motorcycle accident. Typically, this course of action is recommended when the at-fault motorist’s insurance company disputes or denies your accident claim.

Even after suffering severe injuries and losses, many motorcycle accident victims have reservations about suing the at-fault party personally. A common one is, “Could they even pay for the verdict or settlement? Or is it just going to be a headache for the both of us?”

Here, note that the insurance provider will be responsible for paying a verdict or settlement—at least up to policy limits. The defendant would only pay what insurance won’t.

In other words, your compensation won’t be limited to a few thousand dollars that may be found in a savings account. There is a bigger pool of funds available through insurance.

Trust The Firm That Rides® with Your Recovery

When you have been involved in a motorcycle accident, you need someone who understands what you have been through, as well as the difficulties you still face. At Tom McGrath’s Motorcycle Law Group, our Surfside Beach motorcycle accident attorneys have decades of legal and riding experience. We truly understand the challenges you are up against, and we have the legal skills, resources, and experience to help you fight for fair compensation.

Our attorneys stand ready to answer your call or email anytime and anywhere. If you choose to hire our award-winning team, you will receive our personal cell phone numbers so that you can always reach us. At our firm, we prioritize client communication, accessibility, and honesty.

Call us today at (855) 529-7433 or contact us online for a free consultation.