Motorcyclists are often passionate about their hobby and grab every opportunity to hit the roads. However, the freedom that makes motorcycles so appealing makes motorcyclists vulnerable to catastrophic injury and even death if they get into an accident.
A Kingstree motorcycle accident lawyer represents individuals who have sustained severe injuries in collisions with cars, trucks, and other vehicles. Working with an experienced personal injury attorney could result in a better outcome and allows you to focus on recovering from your injuries.
Assigning Liability in a Motorcycle Accident Case
Vehicle drivers are often responsible for collisions with motorcycles. Drivers might fail to notice motorcyclists and cut them off, turn in front of an oncoming motorcycle, or merge into their lane. When a driver’s negligence caused the accident, they are liable for the motorcyclist’s injuries. South Carolina follows the fault-based system of liability for motorcycle accidents. Anyone injured in a crash must seek compensation from the at-fault party’s insurance company.
However, motorcyclists often suffer severe injuries, and a driver’s liability insurance coverage might be insufficient. A Kingstree motorcycle crash attorney could also seek other sources of compensation. Depending on the circumstances, a vehicle or motorcycle manufacturer could be held accountable. If the driver who caused the accident was drunk at the time, a legal professional might investigate whether the establishment that served the driver could be liable.
Negligent Bikers Could Collect Partial Damages
Sometimes a motorcyclist bears partial responsibility for a crash. If a motorcycle rider is less than 50 percent responsible for the accident, they can still collect damages from other negligent parties. However, a court can reduce their compensation by a percentage that reflects their degree of responsibility. Insurance companies often use this comparative negligence law to try and reduce a rider’s damages.
Motorcyclists can maximize their collectible damages by ensuring they obey all traffic laws. Lane splitting, or riding between vehicles in adjacent lanes, is illegal. Riders over 21 are not required to wear helmets by law, but helmet use reduces the risk of serious injury or death. If a rider suffers an injury that a helmet could have prevented, an insurance company could argue they contributed to their injury and reduce their settlement. An aggressive motorcycle wreck attorney serving Kingstree could fight back against these claims and work to get the rider the maximum compensation for their injuries.
Take Prompt Legal Action After a Motorcycle Wreck
State laws govern how long you can wait before filing a legal claim to compensation after a motorcycle accident. Most injured people in South Carolina have three years from the accident date to file a lawsuit against the responsible parties.
However, the statute of limitations for cases involving government property or agencies is even shorter. When an injured motorcyclist has a claim against a unit of government, South Carolina Code of Laws §15-78-110 requires them to file a lawsuit within two years of the accident. A government might have liability if:
- The crash involved a school bus, police car, garbage truck, or another government-owned or operated vehicle
- An involved driver was a public employee on the clock when the incident occurred
- A malfunctioning traffic signal contributed to the crash
- A motorcyclist’s injuries were due in part to a damaged guardrail
- Dangerous road conditions contributed to the wreck
According to state law, the government is liable for dangerous road conditions or damaged traffic control devices only if it had prior notice of the condition. Contacting a Kingstree attorney soon after a motorcycle crash could help preserve your rights and ensure you do not miss any legal deadlines. A legal professional could also manage communication with insurance companies and government entities to ensure negotiations happen promptly and in good faith.
Trust Your Motorcycle Accident Claim to a Kingstree Attorney
When you are hurt in a motorcycle crash, pursuing a successful injury claim while recovering from your injuries can be almost impossible. These claims are complicated, and securing appropriate compensation requires help from a savvy legal professional.
A Kingstree motorcycle accident lawyer could identify the parties responsible for your accident and pursue legal strategies to demand compensation for your losses. Speak to a skilled attorney today to get started.