If motorcycles are not properly operated, they can pose a threat to other motorists on the road. If you have been injured by a negligent motorcyclist, know that a skilled injury lawyer from Howell and Christmas with experience in Charleston third-party liability claims against motorcycle riders could help. Read on to learn more about how a dedicated attorney could offer you their assistance today.
Types of Motorcycle Injury Claims
The most common type of Charleston third-party liability claim against a motorcycle rider is when a worker suffers an injury during employment. Under South Carolina’s Workers’ Compensation Act section 42-1-560, a worker who suffers an injury due to a motorcycle accident has the option to either proceed against their employer and their insurance company by filing a worker’s compensation claim, to proceed against the negligent third-party motorcycle rider, or proceed against both their employer and the negligent third party.
Another common scenario where a motorcycle rider may be involved in Charleston third-party liability claims against motorcycle riders is when someone is driving down the road and a motorcycle rider darts out in front of their car, causing the driver to slam on their brakes and hit another vehicle. While the motorcyclist may not be involved in the actual accident, they can be responsible for the accident as a liable third-party.
The Importance of Determining Liability
Understanding liability is critical in any third-party liability claim. Charleston is a fault-based system, which means that someone may recover compensation from the individual or entity who was at fault for causing the accident. In addition, Charleston follows a modified comparative negligence theory. Under this theory, an individual may recover compensation minus their degree of liability. This is critical in a third-party liability claim because there are already multiple parties involved. For example, if a court determines that a motorcycle rider is 50% at fault for causing an accident and the other driver was 10% at fault, a driver may recover compensation for 60% of their injuries and damages.
Limits to Compensation in Charleston
South Carolina Workers Compensation Act section 42-1-560 gives injured workers three options in the event that they suffer an injury from a motorcycle rider during the course of employment. At first glance, most individuals would think that it best to file a claim with both their employer under the workers’ compensation system and file a claim against the negligent third party.
However, under workers’ compensation, an employee is not entitled to recover twice. This means that if a worker chooses to receive workers’ compensation benefits to cover their medical expenses, they will not be able to recover these same benefits from a third-party motorcycle rider. However, filing a third-party injury claim may allow a worker to recover the compensation they would not be entitled to under the workers’ compensation system, such as their pain and suffering.
Learn More about Charleston Third-Party Liability Claims against Motorcycle Riders
Whenever a third party causes an accident, they may be liable for any resulting damages caused. If you suffered an injury due to an accident caused by a negligent third-party motorcyclist, you may be able to file a claim against them for damages. To discuss your accident, injuries, and your rights, contact an injury attorney experienced in Charleston third-party liability claims against motorcycle riders today. A dedicated lawyer can explain the potential benefits and drawbacks of filing a third-party liability claim. Know that you may be entitled to representation even if another attorney did not take your case. Reach out to a skilled attorney from Howell and Christmas today for your case evaluation.