Motorcycle Accident Statistics & Acts of Negligence

Motorcycle accidents can permanently, and often fatally, injure the victims involved.  The motorcycle accident as defined by the National Highway Transportation Administration involves motorcycles, mopeds, scooters, two- or three-wheeled motorcycles, off-road motorcycles, scooters, mini bikes, pocket bikes, and all-terrain vehicles (ATV).

Motorcycle Accident Statistics in United States and South Carolina

[ul style=”3″]
[li]In 2009, 4,462 motorcyclists were killed—a decrease of 16 percent from the 5,312 motorcyclists killed in 2008. There were 90,000 motorcyclists injured during 2009. [/li]
[li]In 2009, motorcyclists accounted for 13 percent of total traffic fatalities, 15 percent of all occupant fatalities, and 4 percent of all occupants injured.[/li]
[li]The fatality rate for motorcyclists in 2009 was 6 times the fatality rate for passenger car occupants. The injury rate for motorcyclists was 0.8 times the injury rate for passenger car occupants.[/li]
[li]In 2009, 2,203 (48%) of all motorcycles involved in fatal crashes collided with another type of motor vehicle in transport. In two-vehicle crashes, 78 percent of the motorcycles involved were struck in the front. [/li]
[li]In 2009, there were 2,006 two-vehicle fatal crashes involving a motorcycle and another type of vehicle. [/li]
[li]Forty-two percent of motorcycle riders who died in single-vehicle crashes in 2009 had BAC levels of .08 g/dL or higher.[/li]
[li]In 2009, there were 102 motorcyclists killed in South Carolina.[/li]
[/ul]

(Source: US Department of Transportation, National Highway Safety Administration, 2010 Traffic Safety Facts, October 2011)

If you are injured while riding a motorcycle and another driver is at fault, you may be entitled to damages for pain and suffering, medical expenses, scarring, disfigurement, loss of enjoyment of life and lost wages.  You should immediately contact an experienced motorcycle accident personal injury lawyer.Injuries from a motorcycle accident include broken or fractured joints (shoulders, elbows, knees, wrists, and hips), and pelvic and shoulder injuries. Soft-tissue damage like scrapes and burns also frequently occur.

The type of head injuries sustained in motorcycle accidents frequently damage the parts of the brain responsible for speech and higher functions, leaving the injured motorcyclist disabled for life and burdened with mounting medical bills for ongoing treatment.  A study done by the CDC on all Motorcycle Accidents between 2001 – 2008 showed the percentages of nonfatal injuries by primary body part motorcycle accidents were head and neck 22%, leg and foot 30%, upper body 20%, arm and hand 18%.

Negligence and Determining Cause of Personal Injury Motorcycle Accidents

Determining the cause of fault in a motorcycle accident is a highly detailed process.

An act of negligence can be due to a multitude of factors, including:

[ul style=”3″]
[li]Failure to signal when turning;[/li]
[li]Careless driving;[/li]
[li]Driving under the influence of drugs and/or alcohol;[/li]
[li]Texting while driving accidents;[/li]
[li]Distracted driving;[/li]
[li]Cell phone distracted driving accident;[/li]
[li]Drug or alcohol abuse;[/li]
[li]Excessive speed; [/li]
[li]Failure to heed traffic signals or signs;[/li]
[li]Failure to obey traffic signs or signals;[/li]
[li]Failure to signal when turning;[/li]
[li]Violation of some other law;[/li]
[/ul]

If you find yourself or someone you know to be the victim of a motorcycle accident, we encourage you to contact a personal injury motorcycle accident attorney at the Smith & Haskell Law Firm, LLP today at 864.582.6727 to schedule an appointment today to discuss the legal options.  Our personal injury motorcycle accident lawyers will investigate every detail and the possible causes of your motorcycle accident so that you receive full compensation for any pain and suffering you or someone you know have endured.  We are ready to put our experienced motorcycle accident lawyers to work for you.

Automobile Accident Statistics | Spartanburg & Greenville Car & Auto Accident Lawyer

Automobile Accident Statistics for United States and South Carolina

  • In 2010, 32,885 people were killed and 2,243,000 people were injured in traffic accidents.
  • In 2010, 3,675 people were killed in large-truck crashes, a 8.7% increase from 2009.
  • In 2010, there were 5,419,000 motor vehicle crashes in the United States.
  • In 2010, there were 3,092 fatalities in distraction-affected (handheld phones, texting) motor vehicle crashes.
  • In 2010, there were 810 fatalities in South Carolina, a fatality rate of 17.47 per 100,000.
  • In 2010, 52% and 46% of fatalities in South Carolina the blood alcohol concentration BAC was at least .01 and .08 respectively, 15% above the national average.
  • In 2010, 4,280 pedestrians died from traffic-related injuries and another 70,000 sustained non-fatal injuries, an increase of 19% from 2009.
  • In 2010, 10,228 or 31% of traffic fatalities were alcohol-related. Either the driver or an affected person (e.g., a pedestrian or bicyclist) had a blood alcohol concentration (BAC) of at least 0.08 grams per deciliter (g/dl).
(Source: US Department of Transportation, National Highway Safety Administration, 2010 Traffic Safety Facts, December 2011)

Auto accident personal injuries are often serious and have long-term effects. Injuries include whiplash, bone, joint and muscle injuries, head and brain injuries, and paralysis.  Insurance companies will try to settle personal injury claims and accidents quickly and often fail to cover the long-term injuries, damages and provide adequate compensation.  Don’t settle, don’t wait.  Contact a Spartanburg automobile accident personal injury attorney today.

South Carolina Automobile Accident Attorney & Personal Injury Lawyer Spartanburg, Greenville

Located in the Upstate of South Carolina in Spartanburg, we serve Spartanburg, Greenville and surrounding counties.  If you or someone you know has been involved in an automobile accident or motor vehicle accident, we encourage you to contact a auto accident personal injury lawyer at the Smith & Haskell Law Firm, LLP today at 864.582.6727 to schedule an appointment today to discuss the legal options.  We are ready to put our experienced automobile accident lawyers & personal injury attorneys to work for you.

The Total Advocacy Firm” Since 1926 | Serving the State of South Carolina | Spartanburg County | Greenville County | Anderson County | Chester County | Laurens County | Pickens County | Richland County | York County | Cherokee County | Union County | Oconee County

Automobile Accidents Determining Fault & Negligence

Automobile Accidents Determining Fault & Negligence

There exist factors that contribute to the question of whether a driver was negligent.  Courts look for these in determining fault.  Some of these factors, but not all, are:

  • Failure to obey traffic signs or signals;
  • Driving a car under the influence of drugs and/or alcohol;
  • Texting while driving accidents;
  • Failure to signal when turning;
  • Violation of some other law;
  • Careless driving;
  • Failure to follow the speed limit;
  • Distracted driving;
  • Cell phone distracted driving accident;
  • Car accidents caused by defective or recalled vehicles;
  • School bus accidents;

Any person who drives any vehicle in such a manner as to indicate either a willfull or wanton disregard for the safety of persons or property is negligent and reckless and may also be held liable for the cause of the accident.  Recklessness implies the doing of a negligent act knowingly.

An experienced automobile accident lawyer / personal injury attorney can assist you in the determination of the cause of your auto crash.

Defective Product & Product Liability Protect Your Legal Rights

A defective product is a product that fails to live up to your expectations, but it can also seriously injure you, leaving you with lasting pain and hardship. To ensure that you receive the compensation you deserve for injuries or damage a defective product has caused you, you should consult an experienced defective product attorney who can represent you under the consumer protection laws of South Carolina.

Protect Your Legal Rights

Defective products and product liability is the area of law dealing with liability on the part of the manufacturer, wholesaler, or retailer of a product that causes injury or harm. Other parties that can be held responsible for your injuries include the maker of component parts of the product, the assembler, the store or other seller of the product, and/or possibly even other parties in the distribution chain. You can file a claim of product liability even if you weren’t the purchaser of the product. You should contact a South Carolina product liability lawyer to file a claim.

Defective products and product liability claims require that certain circumstances be proven before the claim can be considered successful. These circumstances involve manufacturing defects, design defects, and failure to warn marketing defects.

[ul style=”6″]
[li]Marketing defects are those defects that elude consumers’ awareness because of inadequate warning about potentially — yet not readily apparent — dangerous components of a product.[/li]
[li]Manufacturing defects are those defects that occur during the manufacturing process. These defects can be attributable to inherently dangerous or useless design.[/li]
[li]Design defects are attributable to inherently dangerous or useless design. [/li]
[/ul]

Strict Liability

In South Carolina, Strict liability, allows an action against a manufacturer that sells any defective product that causes an injury to a buyer or anyone who uses it. A product can be defective in design, manufacture, or labeling.

Strict liability holds designers and manufacturers of the defective product liable for injuries from defective products. Under the law of strict liability, if you are injured by a defective product, you do not have to establish negligence of the manufacturer. Strict liability claims must meet the following conditions:

[ul style=”6″]
[li]The product had not been altered from the condition in which it was sold;[/li]
[li]The product has an “unreasonably dangerous” defect that injured you;[/li]
[li]The defect caused injury during routine use of the product;[/li]
[/ul]

South Carolina law limits how long after the product has been sold to the public that the manufacturer or seller can be subject to liability laws. It is important, therefore, that you keep all receipts, registration cards, and credit card bills in order to provide proof of the product’s age to the manufacturer’s insurance company. It is also important that you demonstrate that you discontinued use of the product once you became aware of its defect. Otherwise, you risk losing your personal injury claim.

South Carolina Defective Product & Products Liability Attorney

If you find you or someone you know has suffered injury from a defective product, we encourage you to contact a defective product attorney at Smith & Haskell Law Firm, LLP at 864.582.6727 to schedule an appointment today to discuss the legal options. Speak to a defective products lawyer trained in South Carolina rules and regulations governing product liability.