Articles Posted in Motorcycle Accident

A frequent question from our clients is how do contingency fees work? We do almost all of our personal injury work on a contingency fee basis. That means the fee is a percentage of the amount we recover for the client. Depending on the kind of case, contingency fees can range from 25% to 40%. Also depending on the kind of case, certain amounts recovered are not subject to the contingency fee. There is an infinite variety of ways to structure a contingency fee.

Contingency fees have significant advantage over hourly fees. If you hire a lawyer on an hourly basis, typically they are going to require an upfront payment and then bill monthly. The attorney will expect to get paid monthly. If the client stops paying, then the attorney will stop working and move to terminate the relationship. Most insurance companies pay their lawyers either on an hourly basis or sometimes on a flat fee basis. In a contingency fee case, the lawyer gets a part of the recovery. Said another way, the lawyer doesn’t get paid unless the client gets paid. Often times our cases run on for years, and most clients can’t afford to pay attorneys on an hourly basis for years. Our clients prefer contingency fees because it is financially the best way for them to hire a lawyer to protect their interest.

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One of my clients’ favorite questions is what is my case worth? We do lots of car wreck cases. During our 25 years of handling these kinds of cases, I have come up with some guidelines on how to evaluate a wreck case. First,let me say that you are welcome to a free consultation at our office to discuss case value. We are looking for cases where we can improve your case value.

It’s important to know that the evaluation is half art and half science. There is no formula that will tell you what the case is worth. It is never as easy as multiply your bills by three to arrive at a value. The real test of the value of the case is what your local jury would do with the case. However, I think people look for the same kinds of information when they’re evaluating what cases are worth. Even when I am discussing settlement with an insurance adjuster, the touchstone for value is what a jury would think. You need an experienced trial lawyer to help you with your evaluation. Continue Reading

Year-end federal statistics show a decline in motor vehicle accident fatalities from 2012 to 2013, including an 11 percent drop in South Carolina. Even so, more than 1,000 S.C. drivers were involved in fatal accidents in 2013 and more than 600 drivers, passengers, pedestrians, or cyclists died in those accidents.

In its latest safety report, the National Highway Traffic Safety Administration (NHTSA) says that fatalities on U.S. roadways were lower in 2013 than in 2012. The nation lost 32,719 people in crashes on roadways during 2013, down 3 percent from 33,782 in 2012. Traffic fatalities have been trending downward since 2006, except for a slight rise in 2012.

According to the NHTSA report, South Carolina had 767 fatal crashes in 2013. Those crashes resulted in the deaths of 488 people in passenger cars, 100 pedestrians, and 15 bicyclists or other cyclists. Those wrecks included 335 that involved alcohol impaired driving, down 3.8 percent from 2012 and 306 speeding related fatalities, down 4.9 percent from 2012.

According to the Humane Society of the United States, pet ownership in the United
States has more than tripled since the 1970’s with about 62% of American households said to have at least one pet in 2012 and 47% of households owning at least one dog. Many of us experience first- hand the joys and benefits of pet ownership. But for those suffering from a mental or physical illness, animals and pets can provide much needed healing and therapeutic benefits.

There are two basic categories of animals that assist the disabled – service animals and therapy animals.

The American Disability Act provides a very specific definition of a “service animal” and as of March 15, 2011 only dogs are recognized as service animals under titles II and III of the ADA and are defined by the Act as a dog that is individually trained to do work or perform tasks for a person with a disability. Service animals are not considered pets and are specifically trained to assist a disabled individual with things such as pushing a wheelchair, alerting one to the sounds of smoke alarms, timers, and telephones; or picking up and carrying
items for an individual. While many therapy animals are specifically trained to provide therapeutic benefits to the disabled, they are not service animals and do not have the same rights to public buildings as service animals. They do, however, provide many healing benefits to the disabled and their families and have been found to significantly reduce pain, anxiety, depression and fatigue for people suffering from mental and physical disabilities. Continue Reading

It’s widely understood that a serious car accident can instantly change your life. But very few motorists understand the true financial costs of a car wreck. In a recent report, the Centers for Disease Control and Prevention (CDC) put the costs at tens of thousands of dollars.

On average, according to the CDC report, going to the emergency room after a car crash will cost the victim about $3,300. If a crash victim is hospitalized, the cost of the wreck rises to about $57,000 over his or her lifetime. More than 75 percent of those costs will be incurred within 18 months of the car accident.

More than 5.6 million car accidents were reported to police in 2012, according to the latest study from the National Highway Traffic Safety Administration. More than 33,500 people died in those crashes. Continue Reading

It’s not a motorcycle. It’s not a car. It’s an autocycle, and thanks to recent legislation passed by the North Carolina Legislature (as reported in the News & Observer), it is now considered its own classification of motor vehicle.

In other parts of the country, autocycles are becoming a popular transportation option for baby boomers and other individuals looking for the thrill of a motorcycle but with some of the safety features of a traditional car.

When these vehicles first appeared, North Carolina and other states treated autocycles like motorcycles. This meant that operators not only had to apply for and obtain motorcycle licenses or motorcycle endorsements, but they were also subject to the state’s helmet laws. Legal recognition of autocycles as motor vehicles alleviates some of these regulatory hurdles to riding autocycles, but it does not mean these vehicles have been determined to be as safe as cars.

If you want to do everything possible to keep your teen driver safe, perhaps it is time to put them in the seat of a BMW – or at least the company’s skills program for new drivers. The BMW Teen Driving School (BMW TDS) is a grassroots, community outreach initiative. Developed by BMW, it gives teenage drivers the important life-saving skills and experience they need behind the wheel. The program is based on the teen curriculum currently taught at the BMW Performance Center in Spartanburg. It is available at no charge to all drivers between the age of 15 and 21, so long as they have a valid learner’s permit or driver’s license.

Students are taught in a controlled environment setting. They are given the opportunity to not only drive a BMW, but to take part in driving exercises that teach them how to respond in real-life, emergency situations, including:

• Recovering from a skid or slide • Maintaining control of the vehicle and regaining control when the circumstances warrant • Accident avoidance techniques • Handling an unexpected braking or panic stop • Learning how to focus on where their vehicle needs to be, rather than fixating on what they are attempting to avoid

One of the latest and most sought-after technological advancements is Google Glass. Google Glass is a wearable technology fitted with an optical display that allows wearers to see digital information, like that from a smartphone, right in front of their eyes. With Google Glass, wearers can see as they would through ordinary glasses while using the device hands-free. They are able to receive phone calls, read emails, and engage in any other online activities. A benefit of Google Glass is that it gives people a chance to continue to stay connected, even when away from the desk, when enroute to a meeting, or during other activities. Google Glass has even been introduced into medical procedures, showing promise as a training tool.

The Impact Google Glass May Have on Your Vision

What about the drawbacks? What risks does Google Glass pose? Could the design of Google Glass be a contributing factor in car accidents?

For those who love to ride motorcycles, there’s not much good news in the latest accident figures, released in June 2014.

The newly released traffic safety facts, which cover calendar year 2012, show that motorcycle riders were 26 times more likely to die in traffic accidents than passenger car occupants, and 5 times more likely to be injured. That’s based on vehicle miles traveled.

According to the National Highway Traffic Safety Administration (NHTSA) publication, Traffic Safety Facts, 2012 Data, the occupant fatality rate per 100,000 registered vehicles in 2012 was 58.63 for motorcycles, as compared to 9.66 for passenger cars.

Beginning June 3, 2013, motorcyclists in South Carolina who wanted to renew their beginner permit had to make a bona fide attempt to pass the state’s motorcycle skills test.

You may be one of the motorcycle riders who is up for renewal. Are you up to the challenge?

Here are a few questions based on the South Carolina Driver’s Manual, which explains the motorcycle maneuvers you will be required to perform during the skills test and the knowledge you’ll need to have in order to pass.

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