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Columbia Personal Injury Attorney > Blog > Personal Injury > Why Are Motorcycle Deaths So High?

Why Are Motorcycle Deaths So High?


Motorcycle rider fatalities aren’t just a little higher than vehicle occupant fatalities in accident claims. Motorcycle rider fatalities are thirty times higher. Aside from a crash helmet, motorcycle riders are completely unprotected in these situations. Common injuries include broken bones, internal wounds, and even head injuries. When riders fall off their bikes, their brains slam violently and repeatedly against the insides of their skulls.

Serious injuries mean victims need serious compensation. A Columbia personal injury attorney is able to obtain that compensation, usually without going to court. If an attorney builds a solid claim, as outlined below, the insurance company is highly motivated to make a favorable deal. These resolutions generally benefit victim/plaintiffs. They end cases sooner and give the parties more control over the outcome.

Building a Claim

Compensation is available if a Columbia personal injury attorney proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

Generally, motorists have a duty of reasonable care. They must maintain a proper lookout for motorcycles and yield the right-of-way when required. Many drivers don’t do one or both of these things, usually because of aggressive driving, like speeding, or impaired driving, like fatigued driving.

If the breach of duty causes injury, the tortfeasor (negligent driver), or rather the tortfeasor’s insurance company, must pay compensation.

That last point could be an important one. Many victims don’t want to blame drivers for accidents, especially if a health insurance company paid their medical bills. But individuals aren’t financially responsible for damages, at least in most cases.

On a similar note, a third party, like an employer, could be financially responsible for damages. Teh respondeat superior rule applies if the tortfeasor was an employee working in the course and scope of employment at the time of the wreck.

Evidence in a motorcycle wreck claim usually includes the police accident report, witness statements, and medical bills. If necessary, an attorney supplements this evidence, often with electronic evidence, like surveillance camera video or a vehicle’s Event Data Recorder.

Surveillance footage, even if the camera didn’t capture the accident itself, could provide the critical missing puzzle piece. EDRs measure and record vehicle speed, steering angle, and other bits of evidence that, when combined, tell a compelling and accurate story.

Possible Defenses

Comparative fault and the last clear chance doctrine are the most common insurance company defenses in motorcycle crash claims.

Basically, contributory negligence shifts accident blame from the tortfeasor to the victim. Evidence that highlights the tortfeasor’s fault and minimizes the victim’s fault usually overcomes this defense.

In contrast, legal arguments often blunt the last clear chance defense. This doctrine could apply in left-turn wrecks. If a tortfeasor turned in front of a motorcycle, insurance company lawyers often argue that the rider had the last clear chance to avoid the wreck, perhaps by stopping suddenly, and was therefore legally responsible for it.

But there’s a difference between the last clear chance and any possible chance. Usually, if motorcyclists  change speeds or lanes suddenly, they lose control of their bikes. That causes a worse accident than the one prevented.

Work With a Thorough  Richland County Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Columbia, contact the Marc Brown Law Firm. We do not charge upfront legal fees in these matters.


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Marc Brown

Marc Brown Law Firm

Meet Attorney Marc Brown

Marc Brown is an experienced personal injury and civil rights attorney serving clients throughout South Carolina and Georgia. Marc is motivated by the challenge of helping his clients solve their complex legal issues, and most importantly, he obtains favorable results. He is a caring and conscientious attorney who brings the experience and resources of a larger firm to his smaller, more personalized practices in Sumter and Columbia, SC.

A Personable & Dedicated South Carolina Attorney

As someone who has always had a keen sense of right and wrong and a desire to achieve excellence and fairness in all things, pursuing law was a natural career choice. After graduating with honors from the prestigious Emory University School of Law, Marc went on to become a dedicated litigator who focuses on personal injury, workers’ compensation, and criminal defense cases.

Why Choose Us?

Choosing an attorney is a very important decision, but it can be difficult. When you choose the Marc Brown Law Firm, we do everything we can to keep you informed, put your needs first, and to make sure justice is served. Here are just a few reasons to choose us:

The Right Experience

Attorney Marc Brown has experience that matters. Prior to opening this law firm, Marc spent nearly a half a decade defending big insurance companies and large corporations in personal injury and commercial litigation matters across the United States. Marc knows exactly how insurance companies and corporations evaluate claims and what they look at when deciding to increase the amount they are willing to pay. He thinks outside the box to find additional or hidden opportunities for favorable results.

We’ll Come To You

After being injured in a serious accident, you need to focus on getting better. Serious accidents can be hard on an individual, physically and emotionally. The Marc Brown Law Firm is dedicated to fight for you while you recover. If you are unable to travel to our office for any reason, we will personally visit you! Just give us a call to talk whenever you may be in need of assistance. We’re here to help.

Clients First

At the Marc Brown Law Firm, we choose to put our clients first. Our clients are more than just a case number. We think of each of our clients as extended members of the family. We make sure to inform our clients of all their legal options and provide timely updates throughout the life their case.

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We are available around the clock for our clients. If at any point we are unavailable, we promise to promptly respond to all messages within hours.


We work hard so that our clients receive the justice they deserve! When necessary, Attorney Marc Brown retains investigators, engineers, and other experts to help prove your case. Insurance companies are big, but Marc is experienced and resourceful. We fight for each of our clients so that you can receive the maximum compensation available to you.

No Fees Unless We Win

We work on a contingency fee basis, which means there are no upfront cost to clients. You only pay lawyer fees when we win your case. This also means that your attorney is only paid a percentage of what is recovered for you. The Marc Brown Law Firm has a vested interest in ensuring that each of our clients receive the maximum recovery available to them. We are determined to fight tirelessly to recover for you.

Marc Brown and The National Trial Lawyers Top 40 Under 40 award