Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
In Charleston, motorcycle accident law falls under the broader scope of personal injury law. This legal framework focuses on retrieving compensation for victims involved in motorcycle accidents due to the negligence or wrongful acts of others. Compensation might cover medical bills, pain and suffering, loss of wages and, in tragic instances, wrongful death.
If you are involved in a motorcycle accident in Charleston, you may need a lawyer for several reasons. You might be dealing with substantial medical bills, struggling with recovery from injuries, or facing the loss of income due to inability to work. A lawyer can provide invaluable assistance in such situations, aiding in navigating the complex legal framework, advocating for your rights, and ensuring you get the compensation you deserve. Furthermore, an attorney can negotiate with insurance companies on your behalf and can challenge them if they deny or undervalue your claim.
South Carolina law, which includes Charleston, requires all motorcycle riders to wear helmets if they are under the age of 21. Also, to obtain a motorcycle license, you must complete a motorcycle safety education program. Regarding accidents, South Carolina follows a "fault" or "at-fault" system in automobile accidents where the party found at fault must compensate the other party for damages and medical expenses. However, if both parties are at fault, the 'comparative negligence' rule applies. This rule proportionally decreases the compensation according to your share of the blame for the accident.
First, ensure your safety and seek immediate medical attention, even if you believe your injuries are minor. Notify the police, gather information from the other party involved, and collect contact details of any witnesses. Avoid admitting guilt or liability at the accident scene.
Most personal injury lawyers, including those specializing in motorcycle accidents, operate on a contingency fee basis. This means the lawyer's payment is a percentage of the settlement or court award, only if you win the case. If you don't, you usually don't owe any attorney's fees.
The at-fault party is typically identified through police reports, witness testimonies, and forensic evidence. In some instances, accident reconstruction experts might be used.
South Carolina operates under a 'comparative negligence' rule. According to this rule, you can still receive compensation even if you're partially at fault, but your compensation amount will be reduced by your percentage of liability.
Many motorcycle accident cases in Charleston are settled out of court through negotiations with the at-fault party’s insurance company. However, if a fair agreement can't be reached, going to court may be necessary.
Organizations such as the Motorcycle Safety Foundation (MSF) offer resources and safety courses for motorcycle drivers. The South Carolina Department of Public Safety can provide local laws and safety regulations related to motorcycles. The South Carolina Bar Association's Lawyer Referral Service can aid in finding a lawyer specialized in motorcycle accidents.
If you need legal assistance after a motorcycle accident, consider consulting a lawyer promptly. Gather all relevant documents like medical records and police reports, to aid in your case evaluation. Remember, it's key to act quickly as the statute of limitations in South Carolina for personal injury claims is three years from the date of the accident.
