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In Greenville, just like anywhere else in the United States, the law concerning motorcycle accidents is predominantly governed by the principles of tort law. A motorcyclist involved in an accident may claim damages for personal injury or property damage. In determining the liability, the standard principle of negligence prevails wherein the party at fault is deemed liable. However, South Carolina, where Greenville is located, follows the modified comparative negligence rule, which means that even if the motorcyclist carries some degree of fault, they can still recover damages, but the total amount will be reduced by their percentage of fault.
Engaging a lawyer is advisable if you've been involved in a motorcycle accident, as legal experts can help obtain the necessary compensation for your injuries and damages. You may need a lawyer particularly in cases involving severe injuries, complex legal or insurance issues, or when the other party disputes your claim. A lawyer can help gather necessary evidence, negotiate with insurance companies, determine the full extent of your damages or represent you in court if necessary.
South Carolina operates under a "fault" system in the event of a motorcycle accident, meaning the person responsible for causing the accident is liable for any resulting harm. Importantly, South Carolina has a 3-year statute of limitations for personal injury claims, in which a lawsuit must be initiated. White helmet laws mandate that motorcyclists must wear helmets if they are under 21 years of age. Also, South Carolina has a mandatory insurance law which requires a minimum of $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $25,000 for property damage.
Seek immediate medical care, report the accident to the police, collect evidence at the scene if possible, and report the incident to your insurance company at the earliest.
Yes, under the modified comparative negligence rule of South Carolina, you can still recover damages if you are less than 51% at fault. However, your recovery will be reduced by your percentage of fault.
You may claim for medical expenses, loss of wages, property damage, pain and suffering, and in some cases wrongful death and punitive damages.
Yes, if you are under 21 years of age, it’s lawfully required to wear a helmet while riding a motorcycle in South Carolina.
No, many cases are settled out of court through negotiation with the at-fault party's insurance company.
You might find it useful to visit websites of organizations such as the American Motorcyclist Association, National Highway Traffic Safety Administration, or your local Department of Motor Vehicles for various resources on motorcycle safety and related laws. The South Carolina State website also has detailed information about local traffic laws.
If you wish to pursue a claim, it’s advisable to contact a local personal injury lawyer who specializes in motorcycle accidents immediately after receiving medical care. Collect and preserve evidence related to the accident, including photographs, eyewitness information, and medical reports. Remember not to sign any document or accept any offer from an insurance company without legal representation.
