Attorneys with experience understand the pain you must be going through as a motorcycle accident victim. Medical bills, recovering your losses, understanding liability and fault are all important factors for Charleston motorcycle accident victims. To learn more about how a lawyer could help you make a recovery, reach out.
What Factors Lead to Motorcycle Wrecks More So Than Pedestrian Accidents?
Certain factors could lead to motorcycle accidents happening more frequently than pedestrian accidents. Pedestrians and motorcycles in South Carolina share a lot of similarities in that drivers do not seem to see either and tend to hit them with their vehicles. In South Carolina, the lowcountry, and Charleston, which is now the largest city in the state, a lot of people in their cars are texting and not paying attention for a variety of reasons.
It is hard enough to see anything when distracted, but especially when they do not see a person or motorbike.
When someone is in the city, making a turn, and do not see a pedestrian, it could result in terrible injuries. Many times, it is a low-impact event and the pedestrian is spared the devastating injury that they could suffer if it was a higher rate of speed impact. With motorcycles, speed is a factor. If somebody makes a left-hand turn in front of them or if somebody does not see them in their blind spot and switches lanes, drives them off the road into a tree, or makes them spill out across the highway or interstate, the high rate of speed is going to be a major factor that contributes to fatalities and to catastrophic and permanent injuries that are more likely to occur than in typical downtown pedestrian accidents.
There have been many fatalities in the city of Charleston in recent years with pedestrians, and many serious debilitating injuries that rendered people unable to walk. Any accident could be serious and lead to catastrophic injuries, but a pedestrian is protected and motorcyclists typically travel at a high rate of speed.
Common Motorcyclist Injuries
Some aspects of motorcycle accidents that are common or unique are extreme road rash and injuries with massive skin loss. Even if they are wearing jeans or leather pants, those are only going to put up a small resistance to asphalt, gravel, or pavement. When a biker goes across those surfaces at a high rate of speed, it could result in skin grafting, massive blood loss, or even death.
In any accident, including other car accidents in which people are ejected, they could experience road rash or skin loss. It is just seen more frequently with motorcycle accidents given the exposure to the elements that those drivers face versus others.
Determining Negligence in Charleston
Charleston and South Carolina is a contributory negligence jurisdiction. After the Tort Reform Act passed several years back states if the victim could be up to 50 percent at fault for the accident and still recover compensation, but is barred at 51 percent or higher. Additionally, any damages that a victim is awarded is subsequently reduced by his or her degree of fault.
For example, if the at-fault driver was 90 percent at fault and the injured party was ten percent at fault, the damages would be reduced by that ten percent. If somebody were awarded $100,000 by the jury, but they were found to be ten percent at fault, they would only get $90,000. If the injured party has any part in contributing to the accident, they could be penalized for it by way of reduction of the damages that they are allowed to receive.
This reduction does happen. Especially in motorcycle accidents there could be evidence to suggest that a victim was at least somewhat at fault for the wreck. Because of this, motorbike victims need to consider a dedicated attorney.
Speak with an Attorney Today For Legal Assistance Today
There are a number of important factors about Charleston motorcycle accidents that could pertain to you. To learn more about how an attorney could help you explore you legal options and understand these components, reach out to an attorney today.