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If you’re ever involved in a serious motorcycle accident, you have up to two years to file a suit. And it’s important when filing a suit to find the best legal representation for your situation. The personal injury attorney you choose should be able to tactfully pursue personal injury claims and have an understanding of how motorcycles operate on the road. Many people who do not ride or understand the operation of motorcycles don’t understand how motorcycles handle on the road, which can lead to misinterpretation. From witness statements to police reports, and lawyers without riding experience, anyone can misinterpret the facts. Having a motorcycle injury lawyer will help you to assist in obtaining proper compensation for your injuries by deeply investigating the accident and the facts involved.
Motorcycle accident attorneys should also be able to perform a comprehensive investigation around your case and the facts involved in your accident. Because not all facts are recorded during accident investigation and facts may be misinterpreted in a police report your attorney should do extensive research with an accident investigation team to extract any additional facts from the accident and ensure that all recorded facts are accurate.
It’s also important to ensure that you are properly compensated for medical coverage and other injuries that you have sustained. A great personal injury lawyer has the power to do this.
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If you’re involved in a motorcycle accident and you do not have a legal representative, it’s important to get one immediately. When you have a personal injury attorney available to investigate your case, he or she will interview witnesses, take photographs of the accident scene and other vehicles involved.
An excellent personal injury attorney will also ensure that you receive proper medical care with zero out-of-pocket expenses. Your attorney will then prepare documents and information to help you receive an appropriate settlement. If the personal injury attorney believes that your case needs to go to trial, then he or she will prepare it to do so.
If you’ve put off filing a lawsuit after a motorcycle accident, you still might have time to file. South Carolina law states that you have at least 2 years from the date of an accident to file your lawsuit and serve on the “at fault” party.
Depending on your claim, your settlement and injury compensations will differ. Money and compensation you receive from lawsuits are typically based on medical expenses and other elements of injury and / or damage incurred from the motorcycle accident.
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**Image above taken from Fun-Christmas-Ornaments.com
Uricchio Law Firm would like to wish all of our loyal blog readers safe and happy holidays! We’d also like to share with you some tips on how to stay safe and avoid personal injury this holiday season:
1. Travel Safely: Whether you’re traveling by motorcycle or motor vehicle, be extra alert and focused. With more volume on the roads and in shopping centers, it can be quite overwhelming.
2. Don’t Leave the Tree Lights On: If you’re not home, your tree lights should not be on. For years, tree lights have been the culprit of many house fires during this time of year.
3. Take Proper Precautions During Icy Winter Storms: No car, not even a four-wheel-drive car, can stabilize on ice. Be sure to practice caution while driving or walking, and be on the lookout for black ice (which looks like a dark patch of pavement).
We hope you enjoyed our safety tips for this holiday season and we wish you a very merry Christmas and happy holidays!
What to do in Case of an Automobile Accident…
These tips can also apply to motorcycle accidents, with the obvious exceptions.
At the Scene:
1- Compose Yourself - Accidents are never planned in advance. They are always unexpected. Your initial reaction may be confusion and/or anger. Before doing anything you must gain control of your emotions and assess the situation.
2- Help Those Who are Injured – Call an ambulance if necessary. Do not try to move an injured person unless you are properly trained.
3- Take Precautions to Prevent Further Accidents – Do not move the vehicles unless it is unsafe to leave the vehicles where they are. To warn approaching vehicles use flares, flashlights or raise your hood. Above all, do not do anything to incur any further injury to yourself or others!
4- Don’t be Mr. Nice Guy… Call the Police - Their report will serve as a valuable tool in determining liability. Answer their questions but remember what you say may be used against you. Make no admissions to fault even if you think you caused the accident. South Carolina is a comparative fault state. Find out where and when you can pick up a copy of the accident report.
5- If possible, Take some pictures of the Scene – Use a digital camera or cell phone to take some photographs, including the intersection, the damage to your vehicle and damage to the other vehicles.
Record Details:
Click here to access an accident form our firm created to assist you in recording details in the event of an accident. This form provides space to record names, addresses and information regarding the parties involved in the accident as well as witnesses. It also provides space to diagram the event.
The Next 24 Hours:
Notify Your Insurance Company – Notify your insurance carrier and make a report or have your lawyer make the report for you. You must cooperate with your insurance company, however, you are under no obligation to give statements to the other insurance company. Remember, their primary concern is not your welfare. It is to make money and pay as little as possible.
Seek Legal Advise - Most personal injury attorneys operate on a “no charge unless you recover” basis. They do not charge for initial consultations. A call to your attorney may prevent you from receiving an in adequate settlement or no settlement at all.
Should You Seek Medical Help?
If you have not received obvious injuries such as broken bones, cuts, etc., you may not feel the need to see a doctor. However, it is important to remember that serious and expensive injuries do not always result in immediate pain. Your personal injury attorney, in many cases, can refer you to medical professionals who will treat you and may defer payment until the time you receive your insurance settlement.
Following a motorcycle accident, choosing the right lawyer is one of the most important things you can do to ensure you are justly compensated for your injuries. Before going to your initial meeting with the lawyer, have a list of questions prepared. Below are some basic questions to get you started. In order to be happy with the final outcome of your case, you must first feel comfortable with the person hired to represent you and protect your rights.
1. How long has the lawyer and the firm been practicing law?
2. Does the lawyer have professional liability insurance?
(Professional liability insurance also protects you in case an error is made that damages your case.)
3. What rights do I have that need protection and what do I need to do to protect them?
- What forms and papers do I need to get?
- What claim letters need to be sent; what forms need to be filled out; how many insurance companies must be notified?
- Can you do this for me?
4. Do you charge a contingency fee?
(A contingency fee is one that is charged at the end of the case and only if you are successful. This allows anyone who has been hurt in an accident to have easy access to a lawyer.)
5. What percentage will you charge me if my case is settled prior to a lawsuit?
6. What percentage will you charge me if my case is settled after a lawsuit is started?
7. Will I be required to pay for any case expenses prior to settlement or will you advance expenses for me?
8. Will I be charged an additional fee for filling out medical insurance forms or processing my medical insurance claims?
9. Will I be charged an additional fee for helping me to collect reimbursement for my property damage?
10. If I have PIP or Med-Pay coverage, will I be charged an additional fee for helping me to recover these?
11. Will I be charged an additional fee for helping me to collect my lost wages for lost income?
12. Who will pay my medical bills; physical therapy bills; drug bills; transportation expenses; temporary or permanent household help; lost income; property damage; and pain and suffering?
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Image taken from the cause, LOOK TWICE - SAVE A LIFE - MOTORCYCLES ARE EVERYWHERE!
It seems that more often than not, we don’t educate ourselves about a topic until something serious happens that catches our attention and peaks our interest. The South Carolina Highway Patrol shares some pretty interesting statistics on their website about accidents involving motorcycles that I find worthy of sharing:
- In crashes involving a motorcycle and a different type of vehicle, two-thirds of the time, it is the other vehicle that violates the motorcycle’s right of way.
- Intersections are dangerous places: twenty-five percent of all motorcycle wrecks result when the other vehicle turns left across the motorcycle’s path.
- Failing to yield can be lethal: whether it’s the error of the motorcyclist or the other driver, failing the yield results in the most motorcycle deaths in South Carolina.
Sadly, this summer has been filled with numerous motorcycle wrecks in the Charleston, Dorchester and Berkeley county area. Riding bikes is a favored way of life for many of us in the Lowcountry and that isn’t going to change anytime soon! What does need to change is every driver’s level of awareness for other motorists sharing the roadways.
