Unfortunately, few kinds of wrecks are more devastating than a motorcycle crash. Depending on the nature of the accident or the severity of your injuries, you may have the right to claim civil damages from a legally liable party.
An Allendale motorcycle accident lawyer could help guide you through the process and may increase your odds of receiving compensation for your injuries. Insurance companies and the court system have many complicated legal forms and rules unique to a motorcycle accident, but an experienced personal injury attorney could assist you through the process.
Negligence Claims Following Motorcycle Wrecks
South Carolina is a “fault” insurance state, which means that injured drivers may bring a legal claim directly against another driver for their injuries rather than having to utilize their own insurance first. The most likely cause an injured victim might cite when filing a civil claim after a motorcycle crash is negligence on the part of the defendant.
To prove legal negligence, a plaintiff must demonstrate the following elements in court:
- The defendant had a duty of care to act reasonably under the circumstances
- The defendant breached their duty of care
- The breach directly caused the accident in question
- The plaintiff suffered physical damages as a direct result of the accident
What Recoverable Damages Are Victims Entitled To?
Someone harmed in a motorcycle accident may request recovery for more than just financial losses. Under South Carolina law, an individual can recover both economic or non-economic damages. Economic damages include losses such as missed paychecks from work and bills related to medical treatment and vehicle repairs, whereas non-economic damages focus on more intangible injuries like pain and suffering and loss of enjoyment of life.
An experienced Allendale motorcycle accident attorney could assist an injured plaintiff with cataloging and demonstrating all the damages they have suffered. Professional help in this regard can be especially important when proving the value of non-economic damages, as these are subjective by nature and have no assigned dollar value.
Motorcycle Operation Laws in Allendale
Receiving compensation after a motorcycle wreck may depend on whether the injured plaintiff was following the unique laws applicable to motorcycle riders in Allendale. Under South Carolina Law, a person may not claim damages if they are primarily to blame for the accident that harmed them. So, if a judge or jury finds that a motorcyclist was 51 percent at fault for a crash, that motorcyclist would not be able to recover anything for their damages—regardless of any other person’s role in the accident.
One possible way to show that someone bore a majority of the fault for an accident is to prove they were negligent per se. Negligence per se means that the person in question can be considered negligent because they were violating the law—for example, a drunk driver violating the law prohibiting driving under the influence in South Carolina.
Are There Specific Laws that Apply to Motorcyclists?
Numerous operating laws place specific requirements on operating a motorcycle. For instance, South Carolina Code §56-5-3660 and 56-6-3670 respectively require motorcyclists under the age of 21 to wear a helmet and eye protection while riding. An experienced lawyer who understands these motorcycle laws could help defend against claims of comparative negligence to ensure a harmed motorcyclist could pursue full and fair damages.
Call an Allendale Motorcycle Accident Attorney
A motorcycle wreck can be overwhelming in a number of ways, and trying to file a civil lawsuit can be confusing and complicated, especially after suffering a crippling injury. These challenges lead to many plaintiffs giving up before they even have a chance of fighting for their best interests.
An Allendale motorcycle accident lawyer could help you get back on your feet in the aftermath of a serious crash by guiding you through the complicated legal processes necessary for you to seek compensation. Call today to see what your legal options may be.