As a motorcyclist, you have the same rights and responsibilities on the road as any person behind the wheel of a car or truck. Not every driver you encounter will respect your rights to the degree they should—and reckless or aggressive motorists often cause motorcycle collisions with devastating consequences.
If you were injured in a wreck someone else caused, you may be able to pursue civil compensation for your losses with the help of a capable Orangeburg motorcycle accident lawyer. A determined injury attorney at Whetstone, Perkins & Fulda could assess your recoverable damages and help avoid legal and procedural obstacles that might otherwise keep you from getting the payments you deserve.
Pursuing Compensation After a Motorcycle Crash
Anyone operating a motorized vehicle on public roads has the same legal “duty” to operate their vehicle safely and reasonably. This duty includes following traffic laws, keeping an eye out for nearby vehicles, and giving other drivers—and riders—a safe amount of space. Any driver who “breaches” this duty and directly causes an otherwise preventable accident is considered negligent.
If a plaintiff successfully proves someone else’s negligence caused their injuries, they can pursue financial accountability through a civil lawsuit or settlement demand. Injured plaintiffs have the right to pursue compensation for every economic and non-economic consequence an accident has and will have on their life. Examples of recoverable damages in a motorcycle crash case include:
- Medical expenses
- Motorcycle repair or replacement costs
- Lost income or working ability
- Psychological and emotional trauma
- Physical pain and discomfort
- Lost overall quality and enjoyment of life
A lawyer could evaluate the details of a specific accident to determine who is negligent and could be liable for paying damages. Then, an Orangeburg motorcycle accident attorney could provide more information about what damages a particular person might be eligible to recover.
Potential Roadblocks to Recovery
South Carolina Code of Laws § 15-3-530 establishes a “statute of limitations” for personal injury claims. Most prospective plaintiffs have just three years after their accident to take legal action. This deadline applies equally to claims over relatively “minor” injuries as well as claims over permanent injuries with lifelong consequences. Failing to file a claim within this timeline may result in courts dismissing the case and barring a plaintiff from ever receiving compensation for that accident.
In addition, to avoid paying damages, the defendant and their legal counsel may accuse the plaintiff of being partially or even primarily to blame for their own injuries. Court precedent in South Carolina establishes that no person who holds a majority of total fault for their injuries is eligible for civil recovery. If a plaintiff is assigned some but less than the majority of fault, they may still be eligible for reduced compensation. A skilled lawyer could be vital to meeting filing deadlines and maximizing compensation in an Orangeburg motorcycle accident claim.
Work With an Orangeburg Motorcycle Accident Attorney
Even if it seems obvious that someone else’s misconduct was the direct cause of your motorcycle crash, demonstrating liability in court can be far from simple. Guidance from experienced legal representation could be key to getting the payments you need and deserve to move forward without financial stress.
An Orangeburg motorcycle accident lawyer could provide more information about your legal options during a private consultation. Call Whetstone Perkins & Fulda today to learn more.