Riding a motorcycle can be an exhilarating way to get around. It can also be extraordinarily dangerous, as highlighted by statistics showing that a motorcycle rider is more likely to suffer life-altering injuries in an accident than a passenger in a motor vehicle. A motorcycle rider who is involved in a crash could easily sustain serious or even devastating injuries such as broken bones, burns, the loss of a limb, or brain and spinal cord damage.
If you have been hurt in a motorcycle accident and would like to know whether you qualify for compensation, then consider getting professional legal help by contacting a Lexington motorcycle accident lawyer. A personal injury attorney may be able to investigate how your accident happened and begin work on a claim for compensation. Even if the accident was partly your fault, you may nevertheless be entitled to be compensated for your medical bills, property loss, lost income, and pain and suffering.
The Value of a Motorcycle Accident Claim
Determining how much someone who has been injured in a motorcycle accident should be compensated – or whether they should be compensated at all – could be complicated. For that reason and others, a badly injured motorcycle rider is strongly advised to seek help from a motorcycle wreck lawyer in the Lexington area. An experienced lawyer could work to present a claim for compensation that accurately portrays how being involved in a motorcycle accident has affected a victim’s life.
The “value” of a motorcycle accident claim simply means the amount of money the plaintiff could receive after the issue of fault has been determined. The plaintiff’s damage award, if any, could be divided into three categories.
Economic damages – also called special damages – are all the monetary losses stemming from a motorcycle accident. They include medical bills, lost earnings, lost business opportunities, and the costs associated with either repairing or replacing a damaged motorcycle.
The term “non-economic damages” refers to the various intangible harms that someone who is seriously injured in a motorcycle accident may or has suffered. These include long-term pain and suffering, mental trauma, and loss of enjoyment of life.
Though rarely awarded, punitive damages may be available to the plaintiff in a motorcycle accident lawsuit. A motorcycle accident attorney in Lexington should be able to advise a victim whether punitive damages could be pursued in their situation.
The Modified Comparative Negligence Rule
It is, of course, not always the case that a motorcycle rider hurt in an accident is entirely free of fault. They may have been speeding at the time of the accident, riding under the influence of alcohol or drugs, or engaged in any other type of behavior that made the accident more likely to occur. A motorcycle accident case in which more than one party is at fault is governed by the modified comparative negligence rule, which can be read in full at S.C. CODE § 15-38-10-65.
The modified comparative negligence rule dictates that a motorcycle rider hurt in a crash can be financially compensated but only if their degree of fault does not exceed the defendant’s. For example, if the plaintiff is 51 percent or more at fault, they are forbidden by statute to obtain any compensation at all. If the plaintiff is 50 percent or less at fault, then their compensation would be reduced in proportion to their degree of blame.
Speak with a Lexington Motorcycle Accident Attorney Today
Pursuing compensation in the wake of a serious motorcycle accident can be a complex, time-consuming task that is best put into the hands of a legal professional. While a lawyer seeks compensation for your medical bills and other losses, you could focus on recuperating and returning to the activities you enjoy. Contact a Lexington motorcycle accident lawyer today to begin discussing your various legal options.