Many South Carolinians enjoy riding motorcycles because they enjoy the freedom of being on the open road in the elements. However, motorcyclists are at a higher risk of serious death and injury than car drivers and passengers.
That’s why it’s so important for motorcyclists to wear helmets. Wearing a motorcycle helmet can reduce your chances of a serious injury. However, wearing a helmet doesn’t guarantee you won’t be injured. Learn more about motorcycle helmets and head injuries below, then contact a South Carolina motorcycle accident attorney if you have a question about a claim.
How Much Does A Motorcycle Helmet Protect You?
Wearing a motorcycle helmet in South Carolina is a critical safety measure when on your bike. For example, the CDC states that motorcycle helmets reduce fatalities by 37 percent and head injuries by 69 percent. However, a helmet doesn’t guarantee 100 percent protection against a head injury if another driver hits you. Even with a motorcycle helmet, several factors may increase the risk of a severe head injury in an accident.
First, the impact during a motorcycle accident can still injure the head and brain. A motorcycle helmet is made to absorb and distribute much of the crash force. But even the best motorcycle helmet has limitations. A high-speed crash or a large vehicle wreck may involve impact forces beyond the helmet’s capacity to protect you.
Second, the direction and angle of the crash impact are critical. A motorcycle helmet mostly protects against a direct blow to the sides or top of the head. However, a crash impact can happen at many angles that cause rotational forces that may cause your helmet to not entirely stop. A severe rotational force can still cause a serious brain injury, even when you have a helmet on.
Third, the quality and fit of your motorcycle helmet are important. A helmet that is not properly fitted or doesn’t meet current safety standards may not fully protect you in an accident.
Also, a motorcycle helmet doesn’t protect your face or jaw in an accident. In a car accident, injuries to the face and jaw can occur and are often serious. Also, you can still get a serious concussion when wearing a motorcycle helmet in a crash. A concussion occurs when the brain hits the inside of the skull during impact, which a helmet doesn’t address.
A motorcycle helmet provides ample head protection in an accident, but limits exist. A motorcycle helmet won’t protect you from every impact caused by someone’s negligence in a crash. A motorcycle accident attorney in South Carolina can investigate your recent accident and determine your legal options. If another party caused your head injuries, you can receive compensation for your medical bills, lost income, and pain and suffering.
What Causes Motorcycle Accidents In South Carolina?
Motorcycle accidents causing head injuries have many causes in South Carolina. Whether you suffered an injury in Charleston, Greenville, or Columbia, South Carolina, below are some of the causes of motorcycle crashes and head injuries in this state:
- Failure of drivers to notice and yield to motorcyclists: Motorcycles and bikes are harder to see than larger vehicles. Other drivers may not notice you on your motorcycle, such as when they turn left in front of you. Drivers also may not notice you in their blind spot and cause a motorcycle accident and head injury.
- Distracted driving: Drivers may be distracted by cell phones, the GPS or radio, conversations with passengers, etc. A momentary distraction can trigger a severe motorcycle crash and head injury.
- Hazardous lane changes and not signaling: Other drivers may not see you on a motorcycle and change lanes into you, causing a severe crash.
- Speeding: Many people are in a hurry in South Carolina, and speeding increases the severity of auto and motorcycle accidents.
- Drunk driving: Alcohol and drug consumption while driving is always a danger, especially to motorcyclists and bikers. They are unprotected in an auto accident, other than the helmet they are wearing.
Types Of Motorcycle Accident Head Injuries
Even if you wear a motorcycle helmet on your bike, you still can suffer a severe head injury in a crash. For instance, if you hit your head on the ground or another vehicle, the helmet can crack or shatter, and a head injury can be devastating.
Concussions are among the most common motorcycle accident head injuries. Concussions often cause many short-term and long-term signs, including dizziness, nausea, short-term memory loss, and headaches.
However, depending on how severe your accident is, you also can have long-term complications from the head injury, such as:
- Permanent cognitive disabilities
- Post-concussion migraine syndrome
- Permanent memory loss
You also may have an external injury to the head in a severe motorcycle crash. This is especially frequent if the helmet doesn’t fit correctly on your head. You can, for example, have a severe gash or laceration on the face that causes scarring and mental trauma. In this case, you should talk to a motorcycle crash lawyer to learn if you can receive compensation for the driver’s negligence.
Who Is At Fault In A Motorcycle Accident With A Head Injury?
In 2020, motorcyclists were approximately 28 times more likely than car occupants to die in a crash. They were four times more likely to be hurt. But who is responsible for these motorcycle crashes? After all, your ability to recover compensation depends on proving that another party violated their duty of care and injured you.
The evidence shows that in many motorcycle crashes, another driver simply didn’t see the motorcyclist. There are many reasons that a driver may not see you on your bike, such as distraction or not looking closely when making a left turn or lane change. While it’s true that motorcycles are more difficult to see than cars and trucks, there’s no excuse for a driver hitting you.
A motorcycle accident attorney can review your case to determine who may have caused your accident and head injury. Several parties can be to blame for the crash, such as:
- Another driver: Car drivers have a duty of care to drive safely, not injure others, and watch for other drivers, pedestrians, and motorcyclists. If they drove negligently and injured you, you should receive compensation.
- An employer: Sometimes, a driver was working at the time of the accident. For example, if a full-time flower delivery driver hit you on your motorcycle while working, the employer may be liable for your injuries. This is significant because employers typically carry more insurance than private parties. A head injury can easily trigger six or seven figures of damages, so more insurance coverage can be vital to your recovery.
- A vehicle or part manufacturer: A vehicle or motorcycle defect sometimes causes a crash. In this case, your personal injury attorney may file a product defect claim against the liable entity.
- Multiple drivers: Some motorcycle crashes are caused by several drivers. For example, a car driver can swerve into you on your motorcycle when another driver cuts them off on the highway. Two drivers can be equally at fault for your head injury and other losses.
- A government entity: other motorcycle accidents happen because of improper road design, maintenance, or poor construction zone design. Your attorney may recommend filing a claim against the government entity liable for the issue.
Negotiating A Fair Motorcycle Accident Settlement
Imagine that you are in a severe motorcycle accident with a serious concussion. You need compensation quickly to pay for your medical bills and lost income. You must probably negotiate a settlement with the at-fault driver’s insurance company. However, the insurance company may try to pay less than you deserve for your losses. This can be a severe problem when you have a serious head injury because the effects of the injury can be long-lasting or permanent.
A seasoned motorcycle accident attorney can make a huge difference in the quality and degree of your recovery. Motorcycle crash lawyers know how to negotiate with insurance companies and know roughly what your head injury claim is worth.
Your attorney can hire a neurologist or other medical expert to examine you and relate your head trauma to the motorcycle accident. The medical expert also can state whether the injury will improve in time and to what degree.
Then, your lawyer will negotiate with the liable insurance company to maximize your auto accident settlement. Your South Carolina personal injury attorney will focus on the claim’s strengths, such as medical reports and expert records, to obtain the most for your losses. Your lawyer also can threaten litigation unless the auto insurance company agrees to settle the case fairly.
Types Of Compensation In A Motorcycle Accident Head Injury Claim
A motorcycle crash victim may suffer a severe head injury and many other medical complications. If they prove that another party’s negligence caused their injury, they can receive compensation for their losses. The nature and severity of the head injury usually influence the value of a settlement offer or jury award.
First, as a motorcycle accident victim, you may receive compensation for your current and future medical costs. For example, you may receive money for initial head injury treatments, surgeries, rehabilitation, and drug expenses. Also, you can receive funds for future medical needs if your injury requires months or years of treatment. Some head injuries are permanent, so you also may be entitled to ongoing care expenses at home.
Second, you may receive compensation for your current and future lost income. A head injury can mean being unable to work for months, years, or ever again. Your motorcycle accident lawyer will work with economists and occupational experts to understand what your future lost income will be related to a head injury.
Third, you can receive compensation for your pain and suffering. A head injury may trigger a lot of pain during the initial injury and treatments. Also, you may have mental and emotional suffering related to your head injury. Many head injury victims cannot do things that they used to do, such as communicate, walk, or enjoy previous hobbies.
How Much Is Your Head Injury Case Worth?
Suppose that another driver hit you on your bike and caused your head injury. You or your loved one will want to know what your claim is worth. It’s impossible to provide a precise amount because every case is different. However, the following factors may influence the amount of the settlement or jury award:
- The severity of the head injury: The most important component of a motorcycle crash claim is the severity of the injury. There are many different head injuries. You can have a mild concussion that heals after one or two months. Or, you can suffer a severe head injury that prevents you from walking, talking, and caring for yourself. The more severe the head injury, the higher the case value.
- Amount of medical bills: Someone with a severe head injury can have hundreds of thousands in medical bills in the first year alone, plus more for subsequent years.
- Lost work time: Did your head injury prevent you from working again? Or did the head injury cause you to lose a few months of work? The more work time lost, the higher the potential case value.
- How the case is resolved: A head injury claim settlement may be for less than the full case value that a jury verdict can provide. But a settlement ensures a certain financial recovery, while a jury verdict can go against you.
Speak To A Motorcycle Accident Attorney In South Carolina Now
There’s little doubt that a helmet can protect you from certain head injuries in a crash. However, a helmet isn’t fool-proof, and a severe injury is still possible. A motorcycle accident attorney in South Carolina understands the challenges that motorcycle victims face. They are well-versed in the laws and regulations specific to motorcycles.
You should speak to a motorcycle accident attorney if you have a head injury caused by another person or entity. You can receive compensation for your losses.
