Columbia Motorcycle Accident Attorney
When you need a motorcycle accident lawyer in Columbia, Koon Cook & Walters brings nearly 60 years of combined experience to your side. We have been advocating for the injured since 1974, leveraging a proven track record of multi-million dollar recoveries—including a $37.5 million verdict for a traumatic injury case. At Koon Cook & Walters, we have recovered over $50M for our clients since 2020. We handle liability determination, modified comparative negligence disputes and the recovery of economic and noneconomic damages your case may involve. Our motorcycle accident attorneys in South Carolina an work your case personally and will not hesitate to take it to trial when that gives you the best chance at full compensation.
Determining Fault For A Motorcycle Crash In South Carolina
South Carolina is an “at-fault” state when it comes to car crashes and motor vehicle accidents, meaning that when an accident occurs, if you are less than 50% at fault, you may file a claim with the other party’s insurance company. South Carolina also uses a comparative negligence formula, which means that if any part of the accident was your fault, your calculated damages are reduced by the percentage you were at fault. Therefore, it becomes important in a motorcycle crash to determine exactly what happened and who caused what.
Can An Insurance Company Use Your Helmet Choice Against You?
Insurance adjusters often tell motorcycle accident victims that riding without a helmet means sharing the blame, but South Carolina law does not support that claim; in fact, riders 21 and older face no legal obligation to wear a helmet.
The South Carolina Supreme Court has ruled that a rider’s helmet choice cannot serve as evidence of comparative negligence. This ruling dismantles one of the most common “blame-the-biker” tactics insurers use against unrepresented riders. Having dedicated focus on personal injury cases, our attorneys at Koon Cook & Walters are ready to face these tactics at trial.
Common Causes Of Motorcycle Accidents In Columbia
Some of the most common causes of motorcycle accidents include:
- Speeding or reckless driving
- Driving under the influence
- Opening a car door without checking for a motorcycle as it approaches
- Switching lanes without being seen
- Making left-hand turns
- Splitting the lane
- Distracted driving
South Carolina allows motorcycles to ride side-by-side and share a lane. However, lane-splitting is banned in South Carolina. Lane-splitting is when a motorcyclist drives on the line between two lanes, usually between two cars and most often during congested traffic.
Common Injuries Due To Motorcycle Accidents
Motorcycle riders have no surrounding structure to absorb the impact of a collision. The injuries that result are often severe, life-altering or both. Our clients have suffered injuries, including:
- Traumatic brain injury (TBI)
- Catastrophic spinal cord damage and paralysis
- Broken and fractured bones
- Severe road rash and lacerations
- Internal organ damage
- Limb amputation
- Wrongful death
The severity of these injuries directly shapes the value of your claim, but we build every case to reflect your full physical, financial and emotional impact.
Why You Need A Personal Injury Attorney For A Motorcycle Accident In Columbia, South Carolina
Whenever comparative negligence is involved in determining who is at fault for a motorcycle accident, legal representation protects your rights for recovery. An experienced Columbia motorcycle lawyer can help determine who was at fault for the accident and protect you against unfair allegations. With experienced personal injury attorneys fighting on your behalf and advocating for you, you will have the best chance to recover monetary damages for your accident injuries.
What If The At-Fault Driver Does Not Have Enough Insurance?
At-fault drivers often carry only the minimum insurance South Carolina law requires, which rarely covers the full cost of a serious motorcycle accident. Underinsured Motorist (UIM) coverage can bridge that gap: if the at-fault driver’s policy falls short, your own UIM policy may provide additional compensation. We review every applicable policy to identify all available coverage.
Third-party liability opens additional avenues of recovery. If a business served alcohol to the at-fault driver, South Carolina’s Dram Shop laws may hold it accountable. A defective motorcycle part can also support a product liability claim against the manufacturer.
Our attorneys at Koon Cook & Walters have nearly 60 years of combined experience pursuing every viable avenue of recovery. When a case calls for trial, we fight for you.
Motorcycle Fatalities In South Carolina
In South Carolina, motorcycle fatalities are on the rise. With 154 deaths in 2021, the state recorded the highest number of fatalities since 1980. If someone you loved was killed in a fatal motorcycle accident, we can help. You may have a claim for a wrongful death lawsuit.
Founded in 1974, the Columbia motorcycle accident attorneys at Koon Cook & Walters, have decades of experience. We have the resources needed to investigate and help determine who was at fault in your motorcycle crash. We will work hard to negotiate with insurance companies and obtain a settlement on your behalf, but we will also fight for your rights to recover financial compensation if a trial becomes necessary.
Injured In A Biker Accident? Don’t Wait. Call Today.
Strict filing deadlines and a statute of limitations apply for personal injury claims and motor vehicle accidents. Don’t wait. Call us today at 803-991-0685 or send an email using our website form to schedule your free, no-obligation initial consultation. We want to help you recover the financial compensation you deserve.