If the accident wasn’t your fault, you want the person who’s responsible to be held accountable, and determining fault is key to getting compensation and justice. But how does that work?
The motorcycle accident lawyers at Riders Law Group are here to help, so you can better understand your legal situation and options.
In South Carolina motorcycle accident law, a valid claim generally includes the following four basic elements:
Duty of Care
To establish a valid injury claim, it must be shown that the other party involved in the accident had a legal obligation to exercise reasonable care toward motorcyclists. This duty is fundamental in negligence claims.
Example: In a motorcycle accident case, drivers have a duty to watch for and safely share the road with motorcycles. If a driver fails to yield to a motorcycle or neglects to check their blind spots, they may be found to have breached their duty of care.
Breach of Duty
It must be demonstrated that the other party breached their duty of care. This breach occurs when a person fails to act as a reasonably prudent person would under similar circumstances, thereby contributing to the accident.
Example: If a driver was not paying attention or was driving aggressively, such as speeding or changing lanes without signaling, this behavior could be considered a breach of their duty to operate their vehicle safely around motorcyclists.
Causation
The claimant must prove that the breach of duty directly caused the motorcycle accident and the resulting injuries. This means showing that the accident would not have occurred but for the other party’s negligence.
Example: If a driver’s failure to yield to a motorcycle at an intersection led to a collision, it must be shown that this failure directly caused the accident and the injuries sustained by the motorcyclist.
Damages
The claimant must demonstrate that they suffered actual harm or damages as a result of the motorcycle accident. These damages can include medical expenses, lost wages, pain and suffering, and other losses directly attributable to the accident.
Example: Evidence such as medical records, bills for treatment, documentation of lost income due to missed work, and proof of pain and suffering would be required to substantiate the claim for damages.
In Charleston, South Carolina, there are time limits for filing a motorcycle accident claim. Acting promptly after an accident can prevent potential complications and ensure that your rights are protected. Consulting with a Charleston motorcycle accident lawyer as soon as possible is essential for a successful legal outcome.
A motorcycle accident attorney can help you collect evidence like police reports, witness statements, photos of the scene, and medical records. This evidence can strengthen your case and help your accident lawyer build a strong legal strategy. They will investigate the accident, negotiate with insurance companies, and fight for you in court if necessary.
If you've been involved in a motorcycle accident in South Carolina, don't go through the legal process alone. Get a free consultation now with our experienced motorcycle accident lawyers. Let us help you prove fault, protect your rights, and seek the compensation you deserve.
If you’ve been injured due to someone else's negligence in South Carolina, it can be hard to know what to do next. At Riders Law Group we can help you get the compensation you deserve to continue providing for your family and to recover after an accident.