Riding a motorcycle around other vehicles can be dangerous, even if you drive safely and responsibly. Sadly, the smallest mistake or lapse in judgment by another driver could lead to a collision that leaves you with life-altering injuries and losses. Unfortunately, if you do not make effective use of your legal rights in these situations, you might be stuck paying for your injury-related expenses on your own.
After a serious roadway accident caused by another person’s reckless behavior, support from a personal injury attorney experienced with fighting—and winning—cases like yours is vital. A seasoned Marion motorcycle accident lawyer could provide critical assistance throughout your legal proceedings, ensuring you know how state law applies to your claim and working diligently to pursue a favorable case result on your behalf.
How to Hold Someone Else Liable for a Motorcycle Wreck
The question of who bears “fault” for a traffic accident does not consider what vehicles were involved or whether one party’s injuries are more severe than the others. Instead, the main factor to consider is which party violated a duty they had to act responsibly by instead acting recklessly or carelessly.
For example, if someone driving a passenger vehicle runs into a motorcyclist after advancing into an intersection with a red light, the driver of the car could be considered legally at fault. In this case, the motor vehicle driver committed an illegal act that directly led to a collision. A hardworking attorney in Marion could help establish a link between someone else’s irresponsible conduct and a motorcycle crash resulting in compensable losses.
What Might Prevent an Accident Victim From Recovering Compensation?
Motor vehicle drivers are not the only parties who might contribute to causing a motorcycle wreck through negligent behavior. For instance, when a speeding motorcyclist is hit in an intersection by a driver who ran a red light, the rider could be found partially responsible for their injuries and losses. In this example, the rider’s violation of traffic rules led to the collision.
Courts often reduce the total compensation available to plaintiffs that bear partial responsibility for a crash. In some cases, they may be unable to recover any compensation at all. Therefore, having a tenacious lawyer in Marion on your side is essential to obtaining the compensation you deserve after a motorcycle collision.
Furthermore, under South Carolina Code § 15-3-530, anyone who wants to sue someone else for causing harm through negligence has to begin the litigation process no more than three years after sustaining an injury. Unfortunately, failing to file a lawsuit before this deadline will almost always lead to a court dismissing the claim for being “time-barred.”
Contact a Capable Motorcycle Accident Attorney in Marion Today
Motorcycle wrecks are traumatic experiences that often occur primarily—if not entirely—because of legally actionable negligence by someone other than the motorcycle operator. When you are hurt in an incident like this, you have limited time under state law to build a comprehensive civil claim and pursue financial restitution.
Guidance from a Marion motorcycle accident lawyer could be vital to achieving a favorable result from your settlement demand or lawsuit. Call our dedicated legal team members at Whetstone Perkins & Fulda today to learn more and begin filing your claim for damages.