Motorcycles provide a specific type of fun and joy to riders looking for a different traveling experience. Although some cars are fun to drive, nothing beats the feeling of the open air when riding a motorcycle. Unfortunately, this type of fun comes with risks that can prove to be fatal under specific circumstances.
If your loved one suffered fatal injuries as a result of a motorcycle accident, speak with a compassionate attorney today. A Charleston fatal motorcycle accident lawyer can sit with you and your family when the time is right to discuss your family’s eligibility to collect compensation for expenses left behind by your loved one.
Circumstances That Could Lead to a Fatal Motorcycle Accident
Motorcycle accidents often tend to result in catastrophic injuries due to the lack of protection afforded to riders. Coupled with the fact that most motorbike accidents are caused by a vehicular collision, riders could potentially be flung from their motorbike, causing them to sustain severe injuries. With these facts in mind, a motorcycle accident can absolutely result in a wrongful death if the victim is traveling at a high rate of speed and was side-swiped by a carless driver.
Due to a bike’s light weight, if a rider drove over a pothole or road hazard, they could potentially lose control of their bike, causing them to fall off their bike in the middle of traffic. Motorcycle are also known to feel very slippery under hazardous conditions, such as rain, sleet, or snow. Under these circumstances, riders could very well lose control of their bike, potentially suffering significant injuries as a result.
Proving Negligence in a Fatal Motorcycle Accident Case
Drivers owe a duty of care to everyone in their immediate vicinity. Unfortunately, this duty of care is often forgotten when it comes to motorcyclists. Drivers looking to switch lanes on a busy road or highway could often collide with a motorcycle traveling in their blind spot. It can be argued that drivers who fail to check their blind spots can be held liable due to the failure to maintain a duty of care when switching lanes. As a result, motorcycle victims can claim that the driver acted negligently. In the event of a fatal accident, the family of the victim would be the party entitled to compensation on behalf of the deceased.
How can the Helmet Laws Impact a Claim?
In South Carolina, riders who are over the age of 21 are not required to wear a helmet when riding their motorcycle. Although the law permits them to do so, riders are strongly recommended to wear a helmet. Riders should wear a helmet not only for their safety, but to clear themselves of any liability in an accident. For example, if a rider sustained traumatic brain injuries, the defendant can claim that they may have not have sustained those injuries had they worn a helmet. In a wrongful death claim where head injuries led to the untimely death of the victim, the defendant can use the helmet laws to rid themselves of liability and pass it on to the victim. This would make it difficult for the estate of the deceased to collect damages following a fatal motorbike accident.
Schedule a Consultation Today
If you recently lost a loved one due to a fatal motorcycle accident, you should take the time to investigate your family’s options for obtaining compensation. A Charleston fatal motorcycle accident lawyer could review the circumstances of your family member’s accident and help come up with strategies to hold the at-fault party accountable for their negligence. To get started, reach out to us today to schedule a consultation.