A motorcyclist’s injuries can be especially severe after a crash. You may face months or even years of treatment, rehabilitation, and therapy, along with additional care and support along the way. The costs can add up quickly. Fortunately, South Carolina law allows you to pursue compensation from the at-fault driver.
A Charleston motorcycle accident lawyer from Louthian Law Firm, P.A. can develop your case and seek a fair payout for you. Our attorneys provide free case consultations for injury victims. We know what causes motorcycle accidents, how to prove these cases, and what to do to recover fair compensation for our clients. At our firm, we work based on contingency fees, so you don’t pay any legal costs unless we win your case.
Louthian Law Firm, P.A. Can Help After Your Charleston Motorcycle Accident
Louthian Law Firm, P.A. is a family-owned law firm, and we can go to work for your family after a Charleston motorcycle collision. Our practice serves the residents of Charleston and other areas of South Carolina—just like it has since Attorney Herb Louthian founded it in 1959.
Today, our attorneys have a combined 80+ years of experience. We help our clients understand their cases, make tough decisions, and seek justice. People reach out to Louthian Law Firm, P.A. for help during their most difficult times, and we can work diligently to come through for you.
Our clients can expect our attorneys to be courteous, respectful, and compassionate. We have a Client Bill of Rights that promises to uphold these values, and our lawyers commit themselves to it. We listen, provide sound advice, and work on your behalf to get a positive outcome in your case. Our attorneys provide one-on-one attention to every client, keeping you up to date throughout your case and ensuring prompt communication.
Our Attorneys Have a Track Record of Favorable Case Results
Louthian Law Firm, P.A., offers a strong track record of settling and winning traffic accident claims. Our case results show our experience with securing favorable settlements and awards.
The outcome of each case depends greatly on the facts and details of that crash, injuries, and damages. Your motorcycle accident case could have a unique outcome depending on your unique losses. Our recent wins in these cases show that we have the experience, knowledge, and ability to develop strong support for a claim or lawsuit and recover damages for our clients.
Some examples of our recent traffic accident case results include:
- $800,000 – Negotiated settlement for a victim of a car accident
- $525,000 – Insurance settlement based on a client’s car accident claim
- $260,000 – Settlement for injuries suffered in a motorcycle accident in South Carolina
What Causes Charleston Motorcycle Accidents?
A report published in The Post & Courier names South Carolina as one of the South’s most dangerous states for motorcyclists—no surprise given the lenient helmet laws, high number of motorcycle riders, and great weather for most of the year.
Of course, many other factors also affect the number of collisions. These include:
- Distracted drivers
- Drunk drivers
- Drivers unprepared to share the road with motorcycles
- Lack of experience and training
- Road conditions, such as gravel, potholes, and other hazards
The Post & Courier article points to distracted and uninsured drivers as the main cause of these crashes, with drivers reporting they simply failed to see a motorcycle before a collision. This creates significant danger for the motorcyclist when the driver changes lanes, turns at an intersection, fails to yield, or opens a door into a traffic lane.
Several Charleston intersections also see frequent traffic issues, calling into question whether their design or traffic flow contributes to accidents.
According to Live 5 News (WCSC), this includes:
- Ashley Phosphate Road and I-26 in North Charleston
- I-26 at College Park Road
- Carnes Crossroads intersection (U.S. 17-A and U.S. 176)
Our team determines the cause of every motorcycle crash case we handle. We identify the contributing parties to the collision and determine their share of fault. While an individual motorist may be primarily at fault, other parties also play a role.
Fault for Motorcycle Accidents in Charleston
The number one cause of motorcycle accidents is the negligence of other drivers. Drunk or drugged driving, distracted driving, driving while fatigued, and risky driving acts like speeding and failing to stop at a traffic light are all forms of driver negligence.
With that being said, the driver who hit you may not necessarily be the at-fault party. When broken or dangerous roadways, faulty or defective car parts, or other preventable factors are the cause of your motorcycle accident in Charleston, figuring out who is legally required to compensate you is critical to the success of your case.
Your lawyer will need to conduct an in-depth investigation of your case to determine who is at fault for your motorcycle accident and is therefore responsible for compensating you.
Let Our Charleston Motorcycle Accident Attorney Build Your Case
At Louthian Law Firm, P.A., we manage all aspects of a legal case for our clients after a motorcycle collision. We understand that motorcycle collisions often lead to serious injuries and significant financial losses. We handle these claims and lawsuits so that you do not have to. This allows you to focus on your physical recovery instead.
You can receive a wide range of legal services from our team, including:
- Managing all communication with the insurers, at-fault party, and others
- Explaining legal options and providing sound advice
- Answering questions as they arise
- Protecting your right to seek justice and compensation
- Investigating what happened and showing liability
- Calculating a fair settlement range based on your damages
- Demanding a fair payout from the insurer
- Negotiating a settlement agreement, when possible
- Preparing and filing a lawsuit if necessary
- Representing the client’s best interests throughout the process
Our more than eight decades of combined experience serving accident victims in South Carolina demonstrates that we know how to prepare cases, pursue compensation, and secure justice for our clients after a Charleston traffic accident. We also understand the unique challenges of motorcycle crashes and how to seek fair damages for catastrophic injuries or wrongful death cases.
Demonstrating Negligence of the Other Party or Parties
Motorcycle accident victims could sue the at-fault party or attempt to settle their case through an insurance claim. To help you seek fair compensation through either avenue, our attorneys work to show that the other party was negligent. Negligence is at the heart of every motorcycle case, as well as other personal injury accidents.
To demonstrate negligence, we collect evidence proving these four factors:
- The other party had a duty of care towards you.
- Their failure to uphold this duty put you in danger.
- A crash occurred because of their failure.
- You suffered harm, such as physical injuries and financial losses.
Taking Legal Action or Seeking a Settlement
Our attorneys identify all forms of negligence and all liable parties in each crash case. Then, we determine the best approach to hold these parties legally responsible. Many cases settle outside of court through negotiations, but we may need to take your case to trial and present evidence before a jury.
We always prepare to litigate on your behalf if necessary. At trial, we can present strong evidence to show negligence and ask the jurors to issue a verdict and monetary award.
Who Can You Hold Liable for a Commercial Vehicle Accident?
When a commercial vehicle driver causes a collision, you can hold their employer vicariously liable. Many South Carolina cases affirmed this, including Sams v. Arthur. For injured motorcyclists, vicarious liability means they can file their insurance claim or lawsuit against an employee’s company—not only an individual driver.
Getting Justice Based on Your Charleston Motorcycle Accident Damages
At Louthian Law Firm, P.A., we fight for justice for our clients. We also seek to recover fair and just compensation to cover our clients’ related expenses and losses.
If you incurred financial and non-financial losses because of your Charleston motorcycle crash, you should not have to pay them from your pocket. The at-fault driver or their insurance coverage could pay for your medical care and other damages.
Whether your financial recovery comes through the insurance claims process or a personal injury lawsuit and trial in civil court, your recoverable damages may include:
Medical Bills and Related Expenses
Covered medical care and treatment costs include ambulance transportation, hospitalization, treatment, rehabilitation, prescribed therapies, mobility and adaptive equipment, care and support expenses, and more. You can also recover current and future medical care costs. Our team can demonstrate your estimated future medical expenses based on your prognosis and expert testimony.
Lost Income or Other Earnings
When injuries cause you to miss work, you could recover your lost income and earnings. This is true regardless of whether your income is from an hourly job, a salaried job, commissions, tips, or gig work.
Our lawyers calculate the lost earnings our clients missed while their injuries prevented them from working. We also seek diminished earning capacity for clients whose injuries prevent them from returning to work and earning their previous income.
Depending on the accident’s severity, your motorcycle likely requires repair or replacement. These costs are recoverable damages in your insurance claim or lawsuit. South Carolina law allows you to seek compensation for your property losses even if you did not suffer injuries in the crash.
Many motorcycle collision victims incur additional damages because of their accidents or injuries. Insurance companies and juries consider these expenses on a case-by-case basis. Our team develops a strong argument to cover each client’s related losses. These range from parking costs at the doctor’s office to home renovations your mobility changes necessitate. Keep your receipts for all related expenses for this reason.
Non-economic losses, sometimes called “pain and suffering,” could constitute a significant portion of a settlement or award in serious injury cases. Even relatively moderate injuries cause pain and suffering. The more serious the injuries, the higher the value of these intangible losses generally goes. Our team knows how to value them and pursues compensation for our client’s non-economic losses in every possible case.
Wrongful Death Damages
We offer our deepest condolences to those who lost a family member in a motorcycle accident. Our compassionate attorneys can handle every step of a legal case for you and seek the justice and damages you deserve.
South Carolina law allows surviving family members to recover damages after the wrongful death of their loved one. These damages include loss of earnings, loss of services, the family’s intangible losses, and funeral and burial expenses.
The Insurance Company and Your Charleston Motorcycle Accident Claim
It’s no secret that insurance companies don’t like paying out on claims. It costs them money, and insurers are notorious for doing everything they can to reduce the amount they pay out to claimants.
For Charleston motorcyclists, the challenge lies in overcoming unfair biker stereotypes. Insurance adjusters may try to capitalize on the fact that motorcyclists are often seen as reckless drivers to place false blame on you for the accident. If you’re not prepared, you could be taken advantage of during a time when you need financial relief more than ever.
Your motorcycle accident lawyer at our firm has years of experience handling insurance companies. So you can trust that your attorney will do everything possible to ensure that you are fairly compensated for your suffering. And if we can’t get what you’re entitled to through an insurance settlement, we aren’t afraid to take the fight to court.
Suing the At-Fault Party for a Charleston Motorcycle Crash and Injuries
At Louthian Law Firm, P.A., our attorneys offer guidance to clients about whether they need to file a lawsuit for their Charleston motorcycle crash. Most cases settle outside of court, but a lawsuit may help the process along. In other cases, a lawsuit is the only option for getting justice for the victim.
You may need to file a lawsuit in a Berkeley, Charleston, or Dorchester County civil court if:
- The at-fault driver and their insurer refuse to accept responsibility.
- The parties dispute the basic facts of the case.
- The insurer refuses to negotiate fairly.
- There is an approaching statute of limitations deadline.
South Carolina law generally offers up to three years to file an initial complaint and begin a lawsuit against the liable party or parties. Rare exceptions exist. The law bars those who miss this deadline from taking legal action in the case. You could lose your right to sue or recover compensation if you file after the deadline.
Take Action to Protect Your Right to Compensation Today
If you suffered injuries in a motorcycle accident in Charleston, the team at Louthian Law Firm, P.A. can discuss your legal options for seeking compensation with you. We provide open and honest free case assessments for injury victims and their families in Berkeley, Charleston, and Dorchester Counties, as well as other areas of the state. We work based on contingency fees, so we charge no upfront fees or costs for our services and representation.
Contact us now at (843) 544-7272 to get started with your complimentary consultation.