No one rides a motorcycle intending to be injured. Some people ride as a means of transportation, others as a way to relax and enjoy the open road. Whatever the reason, they should be able to do so knowing that those around them are driving responsibly. When others willfully disregard the duty of care they owe others and cause an accident, they need to be held responsible for their negligent behavior.
A Columbia motorcycle accident attorney at Shelly Leeke Law Firm can provide victims with the justice and guidance needed.
South Carolina Motorcycle Accident Statistics
According to The Greenville News, South Carolina is experiencing more motorcycle deaths than it has in forty years. The data shows that 154 people die yearly from South Carolina motorcycle accidents. Motorcycle deaths have not been this bad in South Carolina since 1980.
Data from the Centers for Disease Control and Prevention (CDC) shows that helmets reduce the risk of death by almost 40% and the risk of head injuries by nearly 70%. Yet, South Carolina is a state that only requires those under the age of 21 to wear helmets while riding a motorcycle. This data brings to light the realities of the road and why those riding motorcycles need to be careful.
For a free legal consultation with a motorcycle accidents lawyer serving Columbia, call 1-844-736-8342
How to Establish Negligence in a Columbia Motorcycle Accident
To have a successful motorcycle accident claim and receive compensation, one must prove negligence. Demonstrating that there was a lack of diligence is essential because every driver, regardless of their mode of transportation, must navigate roads with care. Failure to do so is an indication of negligence.
Proving negligence requires identifying four pieces of criteria. It must be made clear that a duty of care was owed to other drivers and that the duty of care was breached. The third and fourth criteria require demonstrating that the breached duty of care resulted in injuries and that the accident caused damages.
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Evidence Needed to Build a Strong Case
A case with no evidence is like a stool with no legs. It cannot stand on its own. For a case to hold up in court, evidence is required.
It is better to start with too much evidence than with too little. Police reports, and photos of the motorcycle accident, injuries sustained, and vehicle damage are all useful. Healthcare bills and receipts, as well as proof of the cost to repair the victim’s damaged vehicle, are essential. For those unaccustomed to being in situations like this, a motorcycle accident attorney in Columbia can provide valuable guidance.
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Damages that Can Be Collected in a Columbia Motorcycle Accident Case
Victims of a motorcycle accident in Columbia can receive compensation from the liable party for numerous damages. They can include healthcare costs, money spent repairing a vehicle, lost wages, pain and suffering, damages associated with wrongful death, and punitive damages.
- Healthcare costs: these can include medical expenses, such as bills, prescriptions, short-term or long-term treatment, physical therapy, and necessary medical supplies, among others.
- Vehicle repair expenses: costs to repair a victim’s damaged motorcycle should fall on the negligent party and be included in a claim.
- Lost wages: this can include income from an employer, raises, and bonuses because all may be lost as a result of the injuries sustained during the accident.
- Pain and suffering: these are for general damages, and there is no limit on the amount that can be awarded because they are meant to cover mental anguish, anxiety, distress, and an overall reduction in the victim’s quality of life.
- Wrongful death damages: the family of someone who dies in a motorcycle accident can file a claim for these damages to account for medical costs, physical and psychological pain and suffering, and more. Funeral and burial costs can also be included in wrongful death damages.
- Punitive damages: if it can be proven that the liable party was malicious, fraudulent, or oppressive in their negligent behavior, punitive damages may also be considered.
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How Long It Will Take to Settle a Columbia Motorcycle Accident Claim
It is natural for victims and their families to say, “When will this be over?” They may be dealing with a variety of effects now and in the future as a result of the injuries that the accident caused. And the last thing they need is for the claim to drag on indefinitely.
While there are no hard-and-fast rules about how long motorcycle accident claims last, on average, they tend to run anywhere from six months to one year before they are resolved. Of course, having a motorcycle accident lawyer in Columbia in tow will help expedite matters.
Suing for Wrongful Death in a Motorcycle Accident Case
It is a position that no one ever wants to be in, but if necessary, the family of a person who dies during a motorcycle accident can sue the negligent party. However, they may only do so if specific evidence is present. Who can file the claim? The deceased person’s spouse, children, surviving parents, or a person in charge of the individual’s estate.
A Columbia motorcycle accident lawyer can help ensure that the necessary criteria are met when considering a wrongful death claim. South Carolina law can be challenging to understand under such circumstances, so it is always advised to recruit the services of an attorney who has worked many Columbia motorcycle accident cases. Doing so will position the victim’s family for success.
Contact Shelly Leeke Law Firm for a Motorcycle Accident Attorney in Columbia
For those who find themselves a victim of a motorcycle accident in Columbia, there is only one option. They need to speak with a Columbia motorcycle accident attorney at the Shelly Leeke Law Firm. We help victims and families ready to move forward after an accident or injury do just that.
We know what it is like to face mounting bills, a loss of income, and tough decisions. The easiest and best decision a victim can make after suffering a motorcycle accident in Columbia is to contact us today.
Call or text 1-844-736-8342 or complete a Free Case Evaluation form
