Riding a motorcycle could be an inherently dangerous activity. Contrary to drivers and passengers of larger vehicles, there is no steel cage to protect bikers in a collision. Bikers may likely be thrown from their rides after any sudden turn or stop. Any of these instances could cause a severe injury.
The fact that bikers place themselves into a vulnerable position may not lessen the responsibility of other drivers to provide protection. Motorcyclists typically have the same right to be protected from unreasonably dangerous driving as all other travelers. This may include the right to file personal injury lawsuits following an accident.
A Mount Pleasant motorcycle accident lawyer could help pursue these lawsuits. A detail-oriented injury attorney could help collect evidence concerning the collision, place that evidence within South Carolina laws, and demand maximum compensation for your losses.
The Legal Basis for a Claim
All drivers in South Carolina have a duty to operate their vehicles in a way that does not place any other person in unnecessary danger. Those who are undertaking potentially risky behavior, whether they are in a motorcycle or a car, are also protected. A failure to perform this duty that results in an injury is the core of the cause of action known as negligence.
Negligence is not described by South Carolina’s legal code but instead is provided by the common law. Courts create the common law over decades and centuries of legal decisions on cases that share similar characteristics.
Courts have consistently ruled that if a driver is breaking a rule of the road at the time of the accident, they are at fault for an accident. These behaviors may include speeding, failing to yield, or texting while driving and could all be strong evidence of negligence. A Mount Pleasant motorcycle accident lawyer could help gather evidence of driver negligence in a motorcycle accident case.
Potential Problems with a Motorbike Crash Claim
Insurance companies of negligent drivers will rarely give away compensation to a plaintiff. They typically take every possible step to defeat a claim. One major way to do this is could be to argue that the biker was just as responsible for the accident as their insured. This is the concept of contributory negligence and could limit or eliminate a defendant’s liability.
Insurance companies could also argue that a plaintiff’s injuries were not caused by the accident. Any condition that preexists the accident cannot be part of a claim. A condition that is made worse by the accident could certainly warrant compensation.
A plaintiff’s case could fail if they do not ask a court to decide the issue within the applicable time limit. As defined by South Carolina Code §15-3-530, a court will typically only hear a personal injury case if the plaintiff files the case within three years of the accident. Insurance companies may attempt to delay negotiations in an attempt to utilize this law. Plaintiffs may be recommended to immediately reach out to a motorcycle accident attorney in Mount Pleasent to maximize their chances of recovering damages.
A Mount Pleasant Motorcycle Accident Attorney Could be an Advocate
The aftermath of a motorcycle accident could leave a rider in a difficult situation. A rider may be suffering from intense physical and mental injuries that require consistent medical care. During this time, they could also be missing time at work and may suffer from a general loss of quality of life. Plaintiff may need to look to their legal rights following the accident.
A Mount Pleasant motorcycle accident lawyer could help pursue your claim and handle the details necessary to demand compensation. This could include gathering evidence and taking the lead in settlement talks and potential trials. Contact an attorney today to learn more.