Greenville Motorcycle Accident Lawyer

A motorcyclist can face catastrophic injuries and even death when an accident occurs. When you or a loved one were involved in a motorcycle crash, you may be entitled to receive financial compensation from the irresponsible person who caused the accident. A Greenville motorcycle accident lawyer can help you navigate the steps following a motorcycle collision.

Unique laws may apply to a motorcycle accident. Our qualified personal injury attorneys could offer advice on filing a claim and receiving compensation for injuries or damages. From negotiating with an insurance company to arguing your case in court, we could evaluate your case and work to protect your rights.

Deadline to File a Claim

The South Carolina Code of Laws section 15-3-530 requires a person involved in a motorcycle crash to file a claim within three years from the date of the accident. There are exceptions to the three-year time limit for people under the age of eighteen or people with a legally recognized disability. A Greenville motorcycle wreck attorney could help file a claim within the timeframe required by law to ensure an injured person has the chance to recover compensation.

Types of Damages

Damages refer to all losses resulting from of a motorcycle collision, and they fall into three categories.

Economic damages include any costs associated with the accident, such as medical expenses, motorcycle repairs, or lost wages. Non-economic damages include emotional distress such as anxiety, sleep disturbances, or other conditions that arise following the trauma of the accident or serious injury. Punitive damages are rarely awarded. These are intended to punish and discourage the person responsible for the accident and others from repeating similar behavior.

While economic damages can be proven easily through medical bills, pay stubs, or motorcycle repair estimates, non-economic damages can be more difficult to prove. For punitive damages to be awarded, SC Code § 15-32-520(D) requires proof the party at fault acted in a manner that was “willful, wanton, or reckless” in causing the wreck. An experienced Greenville motorcycle accident attorney could evaluate a case and determine the amount of recoverable damages.

At-Fault Systems and Comparative Negligence

The state adheres to an at-fault system, which requires the injured person to prove the other party was negligent or failed to use a level of care that a reasonable person would exercise in similar circumstances. Proving negligence requires establishing the following four factors:

  • The other party had a duty to operate their vehicle lawfully and with care
  • This duty was breached, or the other driver acted in a manner that was not lawful or that was in violation of the standard of care required to operate a vehicle
  • The injured party has sustained damages
  • The damages incurred were caused by the other party’s breach of duty

In a comparative negligence state, damages can be reduced when the injured party is less than 51% responsible for the collision. For example, when an injured person sustained $20,000 worth of damages, but a jury found them to be 10% at fault for the wreck, the injured person would recover only $18,000.

State laws regulating motorcycle drivers found in Article 29 of the South Carolina Code of Laws require:

  • Motorcyclists under 21 must wear goggles or a face shield
  • Motorcyclists carrying a passenger must have a footrest
  • Motorcyclists must not drive between lanes of traffic

A Greenville lawyer with knowledge of motorcycle collisions could evaluate and investigate a case and help determine whether the other motorist was at fault as well as the extent of comparative negligence.

Consult With a Motorcycle Accident Attorney in Greenville

Following a motorcycle collision, an insurance company will want to speak with you to determine who was at fault and whether you are partially to blame for the crash. A Greenville motorcycle accident lawyer could speak with the insurance company and help protect your rights.

Contact a lawyer at Eller Frye who could evaluate your claim, handle communications, and advise you about legal strategies during a free consultation.