Have You Been Injured While On Your Motorcycle?
Don't Worry, Call Murray!
There are many motorcycle riders in the Myrtle Beach area. While this is not Daytona Beach, Florida, Myrtle Beach's motorcycle rallies continue to grow. During the year Myrtle Beach hosts several different and diverse motor cycle rallies that bring fun and revenue to our community, but they also increase the number of motorcycle accidents our community experiences.
If you or a loved one came to our community for a good time but have become the victim of a motorcycle accident, we at Murray Law Offices can help. Choosing Murray Law Offices and attorney Heather Moore Sarvis to represent you in a motorcycle accident is step one. As importantly, attorney Heather Moore Sarvis will negotiate with insurance companies and if necessary file a lawsuit to protect your interests and defend your claim.
As importantly, attorney Stampfle will negotiate with insurance companies and if necessary file a lawsuit to protect your interests and defend your claim.
Common Causes of Motorcycle Accidents
Motorcycle accidents can occur for a number of reasons, including driver negligence. Negligent acts that may result in an accident can include:
- Cutting off motorcyclist at intersections;
- Driving under the influence
- Failure to yield and inability to recognize motorcyclist in traffic
- Swerving in front of a cyclist;
- Failing to follow posted speed limits; failing to yield when appropriate;
- Failing to leave sufficient room between the vehicles; and
- Neglecting to pay attention to other drivers.
These crashes may also be caused by motor vehicles drivers who do not exercise proper care when making left-hand turns at intersections. Left-turn accidents are commonly caused by drivers who:
- Misjudge the motorcyclist’s speed or distance;
- Fail to see the motorcyclist;
- Panic and stop in the motorcyclist’s path; or
- Rely on the judgment of another driver, who also fails to see the motorcyclist.
Common Motorcycle Accident Injuries
Motorcyclists have little protection from the elements and other vehicles; therefore, injuries sustained in an accident can be quite extensive and may include the following:
- Bone fractures
- Severe head trauma
- Spinal cord injuries
- Neck injuries
- Brain damage
- Loss of limbs
The Anatomy of a Motorcycle Accident
If you have been injured while on your motorcycle as a result of someone else's negligence, you or your loved one may be able to seek damages from the party negligent in causing the crash. Injured riders can seek damages for medical costs, lost wages, pain and suffering, and even punitive damages.
Insurance Company Negotiations
After an accident, Attorney Heather Moore Sarvis will contact the negligent party's insurance company to attempt to negotiate a settlement for costs incurred as a result of the accident so that you don't have too. The goal in any successful negotiation is to leverage information collected to recover compensation for your expenses. If an acceptable agreement cannot be reached, Attorney Heather Moore Sarvis will not hesitate to file a lawsuit against the person or people responsible, to protect your rights.
Most motorcycle accident lawsuits will be based on negligence, or the other driver's failure to exercise a reasonable standard of care. The initial investigation by your attorney will help to prove that the other party acted negligently, failed to follow traffic laws, or failed to pay attention to their surroundings. To prevail in a negligence lawsuit, Murray Law Offices must show the defendant did not exercise this standard of care; this breach caused the accident; and the accident caused the motorcyclist's injuries.
If a defect in the motorcycle or one of its components contributed to the accident, the motorcyclist may have a product liability claim against the manufacturer. In some instances, the manufacturer will be liable, regardless of negligence, for injuries sustained as a result of faulty design, manufacturing, or labeling. In other situations, we must prove that the defect occurred during the manufacturing process and contributed to their injury. In most cases, expert testimony and analysis will be required to determine whether the defect manifested during the manufacturing process or after the vehicle was purchased. If the defect manifested in the manufacturing process, the company may be liable. In these cases, Murray Law Offices must prove:
- The defective motorcycle or part was "unreasonably dangerous";
- The motorcycle was being operated as intended;
- The motorcycle's performance had not changed since its initial purchase.
Some product liability claims against manufacturers have been based on defective tires, brakes, accelerators, and defective fuel systems.
If you have lost a loved one in a motorcycle accident, you may have recourse to recover compensation through a wrongful death lawsuit. Call Murray Law and ask if we can help the family of the deceased prove the negligence of the other driver was the cause of the death.
What Compensation Can Be Recovered?
In negotiations or litigation against an insurance company or negligent party, Attorney Heather Moore Sarvis may be able to help you recover compensation for the following:
Past and Future Medical Expenses: This may include fees for emergency room visits, hospital care, surgery, assistive devices and appointments with approved medical professionals.
Lost Wages: Injured motorcycle accident victims may be able to recover compensation for wages they would have earned had the accident not occurred. If the injured victim was unemployed at the time of the accident, they may be awarded lost wages if their attorney can demonstrate earning potential during this time period.
Pain and Suffering: Since motorcyclists are not bound by PIP regulations, they are permitted to seek pain and suffering without proving their injury is permanent. This includes compensation for the physical pain suffered as a result of injuries sustained in the crash. Factors including the nature of the injury, the extent of the pain, and the length of time the victim is expected to suffer are considered when awarding damages for pain and suffering.
Mental Anguish: Victims and families may also be awarded for emotional suffering incurred as a result of the accident. This can compensate the victim for fright, embarrassment, nervousness, worry, grief and other forms of emotional distress.
Loss of Consortium: The uninjured spouse of a motorcyclist injured in an accident may be able to recover damages for loss of marital benefits, including companionship, sexual relations, affection and comfort.
Punitive Damages: Punitive damages are those monetary damages awarded to the injured party that are intended to punish the wrongdoer. Punitive damages are available in situations where it can be shown by clear and convincing evidence that the harm done to you or your loved one was the result of the at fault parties willful, wanton, or reckless conduct.
If you have questions regarding a motorcycle accident or injury, call Murray Law Offices or email us. Don't Worry, Call Murray!