No two motorcycle accidents are exactly the same–causes and outcomes differ across the board. However, finding the cause of an accident and identifying the party at fault is foundational to a personal injury claim. Victims can only collect from a negligent party if they know who that party is and can prove that the party was negligent.
Depending on the circumstances of the motorcycle accident, there are various potential at-fault parties. The motorcycle operator, another driver, a vehicle or party manufacturer, a vehicle mechanic or installer, or even a government department responsible for road maintenance are all possibilities, and pinpointing culpability can be challenging for victims. However, victims who partner with a North Charleston motorcycle accident lawyer from Shelly Leeke can trust their attorney to work tirelessly to identify the party who caused the accident and establish that party’s negligence.
Negligence Explained
Victims of motorcycle accidents seek compensation for their injuries and other losses by filing a personal injury claim against the at-fault party. Personal injury claims play out in civil court unless parties settle and are “tort actions.” The South Carolina Judicial Branch explains a tort as “a private wrong or injury done to person or property for which a legal remedy is afforded.”
The “private wrong or injury” done to the victim results from another party’s negligence. Through an act of carelessness, recklessness, or intention, that party caused harm to the victim. For a favorable outcome to a tort action, victims must prove four elements of negligence.
Duty of Care
This duty is a legal obligation to preserve others’ safety. As part of their duty of care, drivers must practice safe and avoid unsafe drivers, respectively, to keep others on the roads safe. Property owners must keep their premises safe from obvious hazards to protect visitors. Victims must show the at-fault party owed them this duty.
Breach in Duty of Care
Next, victims must show the at-fault party somehow breached, or failed in upholding, their duty of care. If a motorcycle accident involves another vehicle, both the motorcycle operator and the other driver owe each other a duty of care simply by taking their vehicles on the road. If one of the operators breached their duty of care, the victim may have grounds to seek compensation.
Causation
Breaching duty is problematic, but to have a successful claim, victims must prove the breach of duty caused the accident. For example, a motorcycle operator may be hurt by a driver who ran a red light. The operator would need to prove that the driver’s recklessness, not some other factor, caused the accident to collect compensation from that driver.
Damages
Finally, victims must prove the accident caused by the breach of duty produced measurable losses. For example, they may have sustained serious physical injuries, emotional upheaval, and financial loss because of the accident. The monetary award the victims seek is called “damages” in legal terms.
How a Motorcycle Accident Lawyer in South Carolina Can Identify the Negligent Party
To prove an at-fault party’s negligence, victims first have to identify the true at-fault party. Sometimes, the obvious guilty party is not the party at fault. It is important not to jump to conclusions, file against the wrong party, and lose out on a needed and deserved settlement.
The team at Shelly Leeke has extensive experience investigating motorcycle accidents. A motorcycle accident attorney from our team will do a deep dive into your circumstances to find the cause of the incident, identify the actual at-fault party, and file a claim accordingly. The investigation will likely include:
- Working with accident reconstructionists to “replay” the accident and discover the factors contributing to it
- Interviewing witnesses
- Accessing footage from security or traffic cameras or “dash cams”
- Analyzing physical evidence–the damage to involved vehicles, for example
- Assessing road conditions and functionality or visibility of traffic signals or signs
- Consulting with your medical team to determine the cause of your injuries
- Exploring any additional relevant sources of information to support your claim and prove the other party’s negligence
Carrying out this type of exhaustive investigation requires experience, resources, time, and energy. For motorcycle accident victims, these necessities are typically–and understandably–in short supply. If you are the victim of a motorcycle accident, put your energy into recovery, and rely on Shelly Leeke to take care of all elements of your injury claim.
Comparative Fault and Negligence
There is another condition affecting victims’ eligibility to collect compensation for their claims, and this condition is established in South Carolina’s negligence laws, specifically §15-38-15. Under this law, victims can only pursue damages if they are less than 50% responsible for the accident causing their injuries. Then, if they meet this standard but still hold a lower percentage of blame, their compensation is reduced by their percentage of fault.
The implications of this system, called “comparative fault,” on victims’ settlement amounts make securing representation from a knowledgeable motorcycle accident lawyer critical. Attorneys almost always have greater success in finding evidence to support claims of negligence against the at-fault party than victims can achieve on their own. The attorney also works to protect victims from false accusations, unwarranted blame, and reduced compensation.
South Carolina Motorcycle Accident Laws and Negligence
South Carolina’s motorcycle accident laws also factor into negligence. Victims need a motorcycle accident attorney in South Carolina who understands these laws and how they apply to the accident. Motorcyclists have the same rights and responsibilities as other drivers but have additional responsibilities to protect themselves with legally required safety gear, and failure to comply with safety laws could affect their percentage of fault.
Trustworthy, Experienced Representation
If you have experienced a motorcycle accident, the chaotic aftermath probably has you confused about what to do next. The best next step you can take is to connect with a South Carolina motorcycle accident lawyer from Shelly Leeke. We offer free consultations and work on a contingency basis, so you will not pay us anything until we secure your settlement. Put your case in our hands so you can put all your energy into healing.
