Motorcycle accidents often result in severe injuries and complex legal battles. Unlike car accidents, motorcycle crashes tend to be more catastrophic due to the rider’s lack of protection. Understanding your legal rights after an accident is essential, especially when seeking compensation for injuries, medical bills, and lost wages. This guide covers everything injured bikers need to know about the law, liability, and the steps to take after an accident.
Understanding Motorcycle Accidents: Causes and Consequences
Motorcycle crashes occur for various reasons, many of which are preventable. Here are some of the most common causes of motorcycle accidents:
Common Causes of Motorcycle Accidents
- Distracted Driving: Many motorcycle accidents occur because drivers fail to notice motorcyclists due to distractions such as texting or eating.
- Failure to Yield: Cars often turn in front of motorcycles at intersections, leading to severe crashes.
- Speeding: High-speed accidents increase the risk of fatal injuries.
- Road Hazards: Potholes, debris, and poor road conditions can be dangerous for motorcyclists.
- Driving Under the Influence: Alcohol and drugs impair reaction time and judgment, leading to deadly crashes.
- Lane Splitting: Riding between lanes of slow-moving or stopped traffic can be dangerous, particularly when cars change lanes unexpectedly.
Common Injuries from Motorcycle Accidents
Due to the lack of protective barriers, motorcyclists are at risk of severe injuries, including:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries leading to paralysis
- Broken bones and fractures
- Internal organ damage
- Severe road rash and burns
- Amputations
These injuries often result in long-term medical treatment, rehabilitation, and permanent disabilities.
Legal Rights of Injured Motorcyclists
Motorcyclists have the same legal rights as any other motorist on the road. If another party’s negligence caused the accident, the injured rider may seek compensation for their losses.
Proving Liability in a Motorcycle Accident
To win a personal injury claim, the injured motorcyclist must prove:
- Duty of Care: The other party owed a duty of care to operate their vehicle safely.
- Breach of Duty: The other driver acted negligently (e.g., ran a red light, drove under the influence, or was distracted).
- Causation: The negligent action directly caused the accident.
- Damages: The motorcyclist suffered injuries and financial losses as a result of the accident.
Comparative Negligence Laws in Motorcycle Accidents
South Carolina follows a modified comparative negligence rule, meaning that if a motorcyclist is found partially at fault, their compensation is reduced by their percentage of fault. If the biker is more than 50% responsible, they cannot recover damages.
Steps to Take After a Motorcycle Accident
Taking the right steps after a motorcycle accident can protect your health and legal rights.
1. Seek Medical Attention
Even if injuries appear minor, some symptoms may not manifest immediately. A medical evaluation can document injuries and link them to the accident.
2. Call Law Enforcement
A police report is crucial evidence in a motorcycle accident claim. It provides an objective account of the accident and may include witness statements and citations issued to the at-fault party.
3. Gather Evidence
Collect as much evidence as possible at the scene, including:
- Photos and videos of the accident site, vehicle damage, and injuries
- Contact information of witnesses
- The at-fault driver’s insurance details
4. Contact a Motorcycle Accident Lawyer
An experienced attorney can help navigate the legal complexities of your case and ensure you receive fair compensation.
Compensation Available for Injured Bikers
Victims of motorcycle accidents can seek compensation for both economic and non-economic damages.
Economic Damages
- Medical expenses (current and future)
- Lost wages and reduced earning capacity
- Property damage (repair or replacement of the motorcycle)
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
In cases of extreme negligence or reckless behavior, punitive damages may also be awarded to punish the at-fault party.
Legal Options for Injured Motorcyclists
After an accident, injured bikers have several legal options to recover compensation.
Filing an Insurance Claim
Most motorcycle accident claims begin with filing an insurance claim against the at-fault driver’s insurance policy. South Carolina law requires all drivers to carry liability insurance, which covers:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
If the at-fault driver lacks insurance, uninsured/underinsured motorist coverage (UM/UIM) may provide compensation.
Pursuing a Personal Injury Lawsuit
If a fair settlement cannot be reached with insurance companies, injured motorcyclists may file a personal injury lawsuit to seek damages in court.
For more information on personal injury representation, visit this legal resource.
Special Considerations for Motorcycle Accidents
Helmet Laws and Their Impact on Claims
South Carolina law requires riders under 21 to wear helmets. While not wearing a helmet does not bar a claim, it may reduce compensation if head injuries occur.
Dealing with Insurance Companies
Insurance adjusters often attempt to minimize payouts by blaming the rider. An experienced lawyer can negotiate with insurers to ensure a fair settlement.
Statute of Limitations for Motorcycle Accident Claims
In South Carolina, the statute of limitations for filing a motorcycle accident claim is three years from the accident date. Failing to file within this period may result in losing the right to compensation.
Conclusion
Motorcycle accidents can lead to devastating injuries and legal challenges. Understanding your rights and working with a knowledgeable attorney can help secure the compensation needed for recovery. If you need legal help for Charleston bikers injured in accidents, seeking expert legal counsel is crucial.
For further guidance on what to do after a motorcycle accident, refer to this comprehensive legal guide. Protecting your rights and obtaining fair compensation can make a significant difference in your recovery journey.
About the author: Leland D. Bengtson
As a journalist, Leland Bengtson dedicated most of his career to law reporting. His greatest satisfaction is to convey legal matters to the public in a language that they can understand. He is active on various platforms and media outlets, writing about common legal issues that people confront every day. While medical malpractice is his strong suit, Leland covers plenty of other topics, including personal injury cases, family law, and other civil and even criminal legal matters.