Bike riders, motor vehicle drivers, and everyone else on the road assume a duty of care while driving or riding. This includes abiding by the rules of the road and taking safety precautions to prevent an accident from occurring. Unfortunately, motorcyclists, in particular, have a high risk of sustaining severe injury or death in the event of a wreck due to the lack of protection a motorbike provides.
If you or a loved one was injured due to the negligence of another driver, a Hampton motorcycle accident lawyer could help you seek compensation in court. Before accepting any settlements, it may be imperative that you talk to an experienced personal injury attorney in order to ensure your rights and interests are fully protected and represented.
Defining Negligence in Motorcycle Accidents
Negligence is a legal term and the basis for many civil lawsuits. When a person has failed to exercise reasonable care in their actions, they may be considered legally negligent.
For example, in a motorcycle accident, an individual could be considered negligent if they ran a motorcycle off the road, failed to yield the right-of-way, or failed to see them before making a turn. Additionally, if an individual’s actions caused injuries to another, they may be held liable in court and owe the injured party compensation for any damages they incur.
The Process of a Motorcycle Accident Case in Hampton
After a prospective civil plaintiff hires a Hampton motorcycle accident attorney, they could begin researching several aspects of their potential claim. Specifically, they may look for insurance policies, medical records, driving records, and many other pieces of evidence that may bolster the case’s odds of success.
Before filing a lawsuit, the attorney may send a demand letter to the defendant and their insurance company. A demand letter is a formal request sent to the at-fault party requesting compensation for the accident and any damages, ideally meant to settle the case quickly and out of court.
If an agreeable settlement cannot be reached, the plaintiff’s lawyer could proceed to formally file the case. At this point, the discovery process beings, in which both sides share all information and evidence they have relevant to the case. Settlement negotiations may continue during the discovery process.
At this point, the case would progress to a trial unless a settlement can be agreed on beforehand. At trial, both sides would present their version of the accident and discuss liability, and the court would determine liability for the case.
The Statute of Limitations to File a Claim
As per South Carolina Code §15-3-530, injured individuals have three years from the date of their accident to file a personal injury lawsuit. If a claim is not filed before the deadline has expired, an injured person may be ineligible to seek compensation from the responsible party. A dedicated motorbike crash lawyer in Hampton could help ensure that an accident victim’s case is filed within the statute of limitations and all available evidence is gathered and preserved.
How a Hampton Motorcycle Accident Attorney Could Help
There are many benefits to retaining the help of a knowledgeable attorney for your case. A Hampton motorcycle accident lawyer could take care of all the legal details of your case while you focus on your health, recovery, and well-being. They could also work to ensure that your rights are protected and help you seek the maximum amount of compensation for your situation.
You do not need to handle your case alone. To learn more about how an attorney could help, call today to schedule a consultation.