Motorcycle Accident Claims in Columbia: Understanding Your Rights

What Does the Law Say About Operating a Motorcycle?

Under South Carolina law and according to the South Carolina Department of Public Safety, every person who operates a motorcycle is afforded all of the rights and is subjected to all of the duties applicable to any other motor vehicle operator. Other laws governing the operation of motorcycles are as follows:

• No person may operate a motorcycle while carrying anything that prevents that person from having both hands or the handlebars.
• Only one person is permitted to ride on a motorcycle unless it is specifically designed for two or more riders.
• A motorcycle carrying a passenger must be equipped with footrests for that passenger.
• Motorcyclists are entitled to the full use of a travel lane and shall not be infringed upon by any other traveler.
• No motorcyclist shall operate between lanes of traffic or between adjacent lines of vehicles.
• Motorcycles shall not be operated more than two side by side in a single lane.
• Helmets must be worn by passengers under 21 years of age.
• Helmets, goggles, and face shields must be worn by motorcyclists under 21 years of age.

What Do I Do Immediately Following a Motorcycle Accident?

The most important thing to remember following a motorcycle accident is to remain calm and assess yourself for injuries. After that has been done, the following steps will help you in the event of a claim:

• Report the accident: Call 911 immediately. This will allow medical aid and police to be dispatched to your location. Medical aid will treat injuries or transfer injured motorists for further care while police will investigate the scene, gather evidence, and create an accident report. South Carolina law mandates that all accidents are reported to the proper authorities. When speaking to the authorities, it is important to remember only to share facts and to avoid admitting fault.
• Gather information: Document the contact and insurance information for all involved motorists and the contact information of witnesses. It is also beneficial to take photos of the scene, vehicles involved, and property damage. Note any surveillance cameras in the area.
• Accept medical treatment: Allow paramedics to assess your condition. Even if you believe that you have only sustained minor injuries, more serious injuries, such as a concussion or internal bleeding, may not be immediately obvious.

What Do I Do in the Days Following a Motorcycle Accident?

During the days and weeks following an accident is the time to begin gathering your documents and follow these steps:

• Follow medical advice: Follow any recommended medical care, including follow-up appointments and rehabilitation.
• Get a copy of the accident report: Request a copy of the accident report for your records and your attorney. This document will be essential when pursuing any type of claim.
• Contact your insurance company: Contact your insurance provider promptly and disclose all necessary information to them.

How Do I Establish Liability After a Motorcycle Accident?

Every motor vehicle operator has an inherent duty and obligation to exercise reasonable care in an effort to avoid harming others while traveling. When a vehicle operator breaches this duty, and the result is a collision, that operator may be held liable. The legal theory used to hold a party liable is negligence, and it requires three elements to be established against the at-fault party.

• The plaintiff owed the victim a duty to exercise reasonable care.
• The plaintiff party breached his or her duty of care and
• The breach was the cause of the victim’s injuries.

While most motorcycle accidents are caused by other motor vehicle drivers or cyclists, this is not always the case. Consider the following as parties who may be liable for your accident:

• Property owners: Premises liability laws require that all property owners maintain their property appropriately, to be free of dangerous conditions. A property owner may be liable if a motorcyclist is injured as a result of a hazardous condition on their property, such as a pothole.
• Manufacturers: Product liability laws require that manufacturers avoid allowing defective products onto the market. The manufacturer of the product may be held liable if a motorcyclist wrecks as a result of a defective product, such as a defective frame.

Some cases may place partial responsibility on the victim. South Carolina follows the modified comparative fault rule that reduces the victim’s recovered damages based on the percentage they are at fault. Additionally, if the victim or plaintiff is more than 50% at fault for the accident, then he or she may be barred from recovering any damages.

What Damages may be Recovered Following a Motorcycle Accident?

There are three reasons why motorcycle accidents tend to result in more damage than other car accidents:

• Motorcycles offer less protection than traditional vehicles.
• Motorcyclists have a higher risk of being thrown from their vehicles.
• Motorcycles are less stable than other vehicles.

In South Carolina, motorcyclists are able to recover three types of damages following an accident:

• Economic damages: This includes monetary losses caused by the accident, such as medical expenses, lost wages, and property damage.
• Non-economic damages: this includes the non-monetary losses caused by the accident, such as pain and suffering, emotional distress, and loss of consortium.
• Punitive damages: This type of damage is meant to punish the defendant and may only be available in cases where the defendant acted willfully or recklessly.

What Factors Affect the Timeline of a Motorcycle Accident Claim?

A few factors that may impact the length of your accident claim are as follows:

• The severity of sustained injuries
• The strength of the evidence
• Amount of compensation being sought
• Disputes over fault
• Whether the case will go to trial

Do I Need an Attorney?

When dealing with any type of motor vehicle accident, even where the actions of an at-fault driver may seem obvious, you need an attorney on your side. Call the Law Office of Joshua P. Golson, LLC, today at 803-284-8573 or fill out a contact form to schedule a confidential and free consultation.