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South Carolina Personal Injury Law Blog

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What Is the Impact of State Laws on My Motorcycle Accident Claim?

Suppose you’re injured in a motorcycle accident caused by another motorist’s negligence in South Carolina. In that case, you can pursue compensation through a motorcycle accident claim, and state laws will directly affect its outcome. Motorcycle accident claims involve complex legal intricacies, and working closely with an experienced motorcycle accident attorney in Georgetown from the outset is always in your best interest.

Shared Fault

It’s important to note that establishing fault is a key element of every motorcycle accident claim in South Carolina. However, you can seek compensation for the percentage of fault the other driver is responsible for – if you bear no more than 50 percent. This is a state-specific law that can directly affect your claim.

Establishing Fault

To begin, you’ll need to prove the other driver’s fault in the matter, which – in motorcycle accidents – can mean they failed to accommodate you as a motorcyclist in their midst safely. This can include failing to check their blind spots before changing lanes, leaving ample stopping distance between their vehicle and your forward motorcycle –which can come to shorter stops– or failing to accurately assess your speed and distance from them.

All drivers have a responsibility for the safety of everyone else on the road, including motorcyclists. Yes, motorcyclists can be more challenging to see and share the road safely, but that doesn’t negate the duty of care other drivers owe them.

Prime forms of driver negligence that are often at the heart of motorcycle accidents include all the following:

Obtaining Fair Compensation

The losses you suffer in a motorcycle accident are likely to be overwhelming, and receiving just compensation can make a profound difference in your ability to recover fully. This includes each of the following categories:

Accurately tallying your losses is key to bringing a strong claim that supports your most complete recovery.

If You Weren’t Wearing a Helmet

If you ride a motorcycle, you’re always safer when you wear a helmet and are always advised to do so. However, if you were injured in a motorcycle accident and didn’t have a helmet on, this fact will not bar you from seeking compensation. The State of South Carolina doesn’t require motorcyclists over 21 to wear helmets.

Make the Call to an Experienced Motorcycle Accident Lawyer in Georgetown

The seasoned Georgetown, SC, motorcycle accident attorneys at Oxner & Stacy Law Firm welcome the opportunity to unleash the full force of our legal skill and insight in focused pursuit of your claim’s optimal outcome. We are on your side and here to help, so please don’t wait to contact or call us at 843-983-2753 for more information about what we can do for you today.