A Guide to Understanding Fault and Liability in Motorcycle Accidents in South Carolina

Motorcycle accidents on South Carolina roads are devastating incidents that could lead to severe injuries and even death. Finding who is at fault in a motorcycle accident in South Carolina and determining liability is crucial in ensuring that the responsible party is held accountable for their actions. If you have been involved in a motorcycle accident in South Carolina, you might be wondering how fault and liability are determined and what your options are if you were the victim in such an accident. This guide outlines the key aspects that come into play when determining fault and liability in a motorcycle accident, as well as what the victim’s options are in getting the compensation they deserve.

How Is Fault Determined In A Motorcycle Accident In South Carolina?

When determining fault in a motorcycle accident in South Carolina, the state relies on the comparative negligence rule. This rule means that more than one party can be found responsible for an accident, and each party will be held accountable for the percentage of fault they contributed to the accident. For instance, a motorist could be found 70% responsible for an accident while the motorcycle operator is found to be 30% responsible.

While determining fault in an accident might seem straightforward, it can be complex, especially if the injuries are extensive. Several factors could come into play, such as weather conditions, visibility, traffic signals, and speed. Therefore, working with an experienced motorcycle accident attorney comes in handy when navigating fault and liability in such incidents.

Who Is Liable In A Motorcycle Accident In South Carolina?

In South Carolina, the liable party in a motorcycle accident is typically the party found to be at fault. Liability could be attributed to a driver who was speeding, driving while intoxicated, or distracted driving. In cases where road conditions contributed to the accident, the entity responsible for maintaining the road could be found liable. In some instances, the motorcycle operator might also be liable for the accident, depending on the circumstances.

What Are Your Options If You Were The Victim Of A Motorcycle Accident?

If you were involved in a motorcycle accident in South Carolina and you were not at fault, you could seek compensation from the liable party. You could file an insurance claim against the at-fault party’s insurance company, and if they deny the claim, you could file a lawsuit against the responsible party. If you choose to file a lawsuit, you must adhere to the statute of limitations, which is typically three years from the date of the accident.

Additionally, you could work with a motorcycle accident attorney, as they have experience negotiating with insurance companies and have knowledge of South Carolina personal injury laws.

How Is Compensation Calculated In A Personal Injury Case?

When determining the compensation amount in a personal injury case, several factors come into play. The factors include the extent of the injuries, medical expenses incurred, lost wages, emotional distress, and pain and suffering. An experienced motorcycle accident attorney can evaluate the damages to determine the appropriate compensation amount to seek.

Who Pays Compensation To Victims In A Motorcycle Accident?

The person found to be at fault in a motorcycle accident typically pays the compensation to the victim. If the responsible party has insurance, their insurance company pays the compensation amount. If the party had no insurance, they would be responsible for paying the compensation themselves.

If you were involved in a motorcycle accident in South Carolina, you must seek the assistance of an experienced personal injury attorney to help you navigate fault and liability. At Isaacs & Alley LLC, our team of attorneys understands the complexities of personal injury cases and can ensure you get the compensation you deserve. Contact us today, and we will guide you on how to proceed with your case.