Motorcycle accidents can be incredibly severe and cause significant damage. Fortunately, when a negligent party causes an accident, the victim may be eligible to seek compensation for their injuries.
If you or a loved one suffered injuries in an accident due to the negligence of another person, an experienced Hilton Head motorcycle accident lawyer could work with you in pursuit of compensation. A skilled personal injury attorney could help you understand your legal rights and protect your best interests every step of the way.
Determining Liability and Negligence Laws
Several different entities could bear responsibility for causing a motorcycle accident, including but not limited to:
- The driver who collided with a motorcyclist
- The parent company of a commercial driver involved in the crash, such as a trucking company
- The entity responsible for maintaining safe roadways free of hazards
- A product manufacturer whose defective product caused the accident or exacerbated the injuries
In some cases, the defendant may claim that the plaintiff contributed to the accident that caused their injuries. Under the comparative negligence doctrine, a victim may have their total compensation award reduced by their percentage of fault for causing the crash.
If the plaintiff bears more than 50 percent of the total liability for their injuries, they may be barred from recovering compensation altogether. For this reason, it may be vital for victims to work with a skilled Hilton Head motorbike collision attorney who has experience refuting claims of comparative negligence, so they can more effectively pursue full and fair compensation for their injuries.
Rules for Wearing a Helmet on a Motorcycle
Even though South Carolina does not have a strict universal motorcycle helmet law in place as some states do, there is a motorcycle helmet law that applies to motorcycle riders under age 21. According to South Carolina Code §56-5-3660, those under the age of 21 are required to wear a helmet approved by the Department of Public Safety when riding on a motorbike. Although adults over age 21 are not legally required to wear a helmet in South Carolina, the court could still find them partially liable for an accident, since their failure to wear a helmet could have increased the severity of their injuries.
Compensatory Damages for Motorbike Victims
Damages are awarded to victims to compensate them for losses they have experienced directly. These typically center around economic damages, which have a specific value and could be tracked with receipts and hospital bills. Examples of economic damages include medical bills, lost wages, lost earning capacity and more.
Injured motorcyclists could also be eligible to recover compensation for intensive medical intervention, long-term physical therapy and rehabilitation, skin grafts and surgical repairs, and long-term pain management needs. Those who become disabled may also recover compensation for home or vehicle modification as well.
Furthermore, plaintiffs may be able to recover compensation for their non-economic losses as well, which may be more challenging to quantify. A knowledgeable motorbike wreck lawyer in Hilton Head could help determine what kinds of intangible losses an injured individual may be eligible to recover for, such as:
- Pain and suffering
- Loss of the ability to pursue career goals and hobbies
- Loss of enjoyment of life
- Loss of consortium
- Mental anguish
- Disfigurement or scarring
- Loss of limb
Consult an Experienced Hilton Head Motorcycle Accident Attorney
Motorcycle accidents can be costly and cause tremendous stress. Injured individuals should not have to pay out-of-pocket for their damages if the negligence of another party caused the accident.
Regardless of how the collision occurred, a skilled Hilton Head motorcycle accident lawyer could help you seek the compensation you need for your injuries. Call today to get started on your claim.