Top Ten Facts about Motorcycle Accidents in South Carolina
If you or someone you know has been injured in a motorcycle accident, you may have questions about your rights and options. Consider some of the facts below as you navigate your claim, and if you have questions, the best resource is an attorney with experience in motorcycle accident claims.
- Helmets Save Lives
Helmeted riders have up to a 73% lower fatality rate than motorcyclists without helmets. They also have up to an 85% reduced incidence of severe, serious, and critical injuries than those without.
- There Are a Few Common Ways Accidents Happen
There are infinite ways an accident can take place, but there are a few common examples of motorcycle accidents in which a motorcyclist or injured party may have a claim. Those include a vehicle making a left turn into a motorcycle, instances of distracted driving, or other drivers driving under the influence.
- There are a Variety of Damage Awards
After a motorcycle accident, there are several different ways you could be compensated. These include compensation for medical bills, lost wages, property damage, pain and suffering, and even more. Speak to a qualified attorney to determine for what damages you may be eligible.
- Punitive Damages Are Possible
Punitive damages are damages intended to deter the payer from wrongful conduct, not to compensate the victim. They are essentially a form of punishment not available in most cases. However, in motorcycle accident cases, punitive damages are possible where the other driver was particularly negligent or malicious.
- There Is a Deadline for Claims
Many states have deadlines before which you must file your claim in order for it to be viable. These deadlines are called statutes of limitation, because they limit your right to bring a claim. In South Carolina, the statute of limitations for personal injury cases like motorcycle accidents is three years from the accident.
- Factors to Determine Your Settlement Can Be Complex
When it comes time to determine the settlement to which you are entitled, many factors are considered. The total of your damages is one factor in your settlement. Another may be your life before the accident. Finally, the defendant’s ability to pay may be considered.
- You May Be Partially at Fault
South Carolina has a system called comparative negligence. In comparative negligence states, your compensation is reduced by the percentage of fault assigned to you.
- You Might Not Go to Court
An attorney with experience in motorcycle accident claims will be able to secure the best result for you, considering the time you want to spend and the damages to which you are entitled. This means that you may not have to go to court to settle your claim.
- There Are Special Laws That Apply to Motorcyclists
Helmet laws, laws regarding how lanes can be split, traffic ordinances, and requirements for your motorcycle are all special rules regarding how motorcyclists can ride, when, and where. You need to be aware of these rules in order to be successful with your claim.
- You Need an Attorney
If you or someone you know has been in a motorcycle accident, it is essential to secure experienced representation. Contact the Columbia motorcycle accident attorneys at The Stanley Law Group. Call 803-799-4700 and set up a consultation.