Unfortunately, 80% of motorcycle accidents tend to result in catastrophic injuries or death, according to the National Highway Traffic Safety Administration (NHTSA). This is because, unlike other vehicles, motorcycles have no protective “shield” or frame. So, when there is a traffic collision involving a bike, contact is often directly with the object.
In the rare chance that there are no injuries, the motorcycle usually needs extensive repair or outright replacement. All these cost a lot of money, and you’ll need all the help you can get to secure compensation. The North Charleston motorcycle accident attorneys at the Shelly Leeke Law Firm may be able to help you recover the compensation you deserve.
Who Is Liable in a North Charleston Motorcycle Accident Case?
Motorcycle riders tend to suffer serious injuries or have their bikes wrecked in a crash despite following the rules of the road and abiding by state helmet laws. Most often, someone else is to blame for the accident. But to hold someone else liable for your losses, you must prove that their negligence caused the accident.
This is what an experienced motorcycle accident attorney in North Charleston will try to do. But first, your lawyer has to determine what caused the accident in the first place. Most of these traffic collisions are usually caused by one or more of the following:
- Excessive speeding
- Distracted driving
- Loss of control
- Failure of other road users to see the motorcyclist
- Driving under the influence of alcohol or illicit substances
- Dangerous road conditions
- Drivers making wrong left turns
- Lane splitting
For a free legal consultation with a motorcycle accidents lawyer serving North Charleston, call 1-844-736-8342
What Are the Grounds for Filing a Motorcycle Accident Injury Claim in North Charleston?
In South Carolina, you can only file an injury claim if your claim meets certain criteria. The most important criteria are negligence and recklessness. And to show that the at-fault party was responsible for your accident, the four elements of negligence must be present. These include:
- Duty of care: The other motorist was obligated to maintain a duty of care for other road users.
- Breach of duty of care: The motorist breached that duty by behaving negligently.
- Causation: The motorist’s negligent behavior caused your accident.
- Damages: The accident resulted in injuries and financial losses.
For instance, a driver owes it to other North Charleston road users to drive carefully and reasonably so that other road users are not harmed. If that driver starts driving recklessly, gets into an accident, injures the occupants of the other vehicle, and those victims have to pay for treatment or suffer other losses, an experienced lawyer can bring legal action against the driver.
North Charleston Motorcycle Accident Lawyer Near Me 1-844-736-8342
Compensation for Injured Victims of Motorcycle Accidents in North Charleston, SC
If a road user is found to be responsible for your motorcycle accident in North Charleston, the motorcycle laws in South Carolina can compel the at-fault road user to compensate the victim with the following:
- Medical costs
- Loss of income
- Property repair or replacement
- Reduced capacity to earn an income
- Pain and suffering
- Mental anguish
- Disfigurement and scarring
- Loss of consortium
- Loss of companionship
- Extra out-of-pocket costs brought on by the motorcycle crash
These are the basic damages that a victim can claim. However, in some instances, the victim may file for punitive damages. These damages are awarded where there’s proof of gross misconduct or intentional harm by the defendant and are meant to serve as a deterrent to people who may want to do something similar in the future.
Wrongful Death Compensation
Last year, South Carolina recorded the highest number of deaths caused by motorcycle accidents in 40 years. According to the report, 154 individuals lost their lives in those motorcycle crashes. The sad thing about these accidents is that most of them are preventable.
If your loved one succumbed to their injuries following a motorcycle accident, you can file a wrongful death claim. This will cover the losses that your loved one would have obtained had they survived to file a personal injury claim, as well as your losses related to their passing, such as funeral and burial expenses.
What Will Affect My Compensation Amount?
Please note that how much you’ll get as compensation depends on things like:
- How bad your injuries were
- If your motorbike was damaged or totaled
- How long you’ll be in treatment
- Whether you’ll be out of work for a while
Also, because South Carolina is a modified comparative fault state, the law will consider your role in the accident. As long as your liability is less than 51%, you will get some compensation. But even that settlement amount will be reduced by the degree of your culpability.
So, if the total settlement was to be $200,000, but you were found to be 20% responsible, you’ll only get $160,000 as final compensation. If all these sound like a lot of legalese, don’t worry; our skilled motorcycle accident attorneys will explain everything to you.
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Contact Our North Charleston Motorcycle Accident Attorney
Motorbike accidents can be very dangerous. The worst part of these crashes is having to deal with the outcome of someone else’s negligence. Most bikers who are involved in these wrecks not only have to deal with their injuries, but they also have to worry about paying their medical bills, as well as taking care of their family.
It’s a difficult position for anyone to be in and one that our North Charleston motorcycle accident attorneys are all too familiar with. This is why we want to help you get the compensation you deserve. You shouldn’t have to deal with all these issues in the first place.
So, let our highly competent and skilled personal injury lawyers help you get the compensation you need. At the Shelly Leeke Law Firm, our attorneys are committed to helping injured victims get a fair and satisfactory settlement offer for injuries and losses they suffered in a bike wreck. Contact us today to discuss your case for free.
Call or text 1-844-736-8342 or complete a Free Case Evaluation form
