Determining Fault After a Charleston Motorcycle Accident

If you have recently been injured in a wreck, your recovery could feel impossible with the sudden medical expenses mounting before you. If you so choose, however, you could hold negligent parties responsible for their actions in court and give yourself a means to address your financial needs.

When determining fault after a Charleston motorcycle accident, all you need to do is speak with a legal professional who could take care of the rest of the discovery efforts.

How Is Fault Determined for Accidents in Charleston Involving Motorcycles

When someone is involved in a motorcycle accident in South Carolina, it is no different from any other motor vehicle accident. Fault is determined by whoever was negligent or violated a rule of the road. The at-fault driver did something they were not supposed to do. An example could include running a stop sign. The wrongdoer perhaps failed to do something they should have done, like maintaining their brakes. In less-obvious situations, the fault could lie with the manufacturer of a vehicle. In cases like these, victims should turn to the legal experience of an attorney who could work on determining fault after a Charleston motorcycle accident.

There are many possibilities where someone could breach the duty of what they are supposed to do and not do. A motorcycle accident case is just like any other automobile case in terms of liability and proving who is at fault.

When a person is on a motorcycle, they are unprotected by a vehicle, metal, plastic, and airbags. The injuries are much more severe and significant in most cases.

Comparative Negligence Following a Wreck

Charleston is a hybrid jurisdiction in this sense. In any type of case, one can argue that there is comparative negligence. Somebody claims they were injured at the fault of another who bears some responsibility for that.

As an example, when there are multiple defendants, if the defendant is not found to be more at fault than the person who contributed to the accident, it can significantly impair or even eliminate the person’s ability to make a recovery.

Motorcycles and a False Sense of Security

When someone gets on a bike or into a car, they have a false sense of security that they are a good driver and are aware of their surroundings at all times. While they watch out for mistakes, riders may not be able to avoid everything that is thrown their way. The reality is that no matter how good a driver is, they may have a lapse of judgment and make a mistake or are distracted for a brief second.

With people frequently texting and using their smartphones, it is almost impossible to ride down the road not see somebody on their phone driving ten miles under the speed limit or swerving down the road like they are drunk.

The chance of somebody not seeing a motorcycle has always been high even before smartphones came into existence. Currently, the roads are extremely dangerous for any type of vehicle and certainly even more so for anyone on a motorcycle because their body is exposed to the elements. There is not much protection from the motorcycle when someone is in an accident.

Let an Attorney Help with Determining Fault after a Charleston Motorcycle Wreck

When another driver fails to obey the rules of the road, it is often others that are left with the results of a wrongdoer’s negligence. To make matters worse, some motorists are far more exposed and susceptible to injuries than others.

Recovering from a wreck and determining fault after a Charleston motorcycle accident is never easy. With the right legal help, however, you could hold negligent parties accountable and recover compensation to expedite your recovery efforts.


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