Charleston Personal Injury Attorneys
The South Carolina motorcycle accident lawyers at Lofton & Lofton have an established reputation for excellence in personal injury law. Recognized as one of America’s Best Lawyers and one of South Carolina’s “Super Lawyers,” Lionel S. Lofton has been a staunch protector of victims’ rights for over 25 years. Since 1984, our South Carolina firm has helped motorcycle accident victims recover the compensation they deserve.
Motorcycle Accident Facts
Motorcyclists are 35 times more likely to lose their lives in accidents than are motorists driving passenger cars. Exposure to blunt force trauma makes casualties of often young riders in far too many motorcycle accidents. In nonfatal crashes, victims sustain the greatest injury to the lower extremities and the head and neck, often resulting in permanent disability or paralysis. In recent years, mandatory helmet laws have decreased the fatality rate by 37 percent. But because motorcycle use increases in direct disproportion to fatality growth, motorcycle accidents continue to pose a public health risk across the United States. Most of these crashes are preventable and involve negligence.
Motorcycle Crashes Caused by Negligence
Negligence refers to careless conduct that violates a legal duty and injures others. Negligent motorists are at fault for a motorcycle accident if their careless operation of a vehicle injures a rider. At-fault parties can be held liable for all damages resulting from the crash. Negligent conduct giving rise to motorcycle accident liability often involves:
- Speed violations
- Vehicles turning left
- Diminished visibility
- Intoxication or fatigue
- Ignoring traffic signals
- Texting, distracted driver
- Roadway or vehicle defects
- Passing or overtaking drivers
- Intentional hostile maneuvers
Fault is governed by state law. In some states, the injured victim must be “blameless” in order to file suit against the negligent party. South Carolina is a “modified comparative fault” state, meaning that injured victims may not bring a personal injury claim for damages if they are 51 percent or more at fault. Essentially, “less negligent” parties recover partial compensation for the accident based upon their proportion of fault. This amount is subtracted from the total award.
Motorcycle Accident Damages
South Carolina personal injury law provides compensation in the form of “damages” to victims injured in a motorcycle crash. Under the “51 percent” rule, “more negligent” drivers at fault for the accident must compensate the victim for any resulting losses. These may include:
- Medical bills
- Property damage
- Lost income, wages
- Future medical costs
- Funeral, burial expenses
- Pain, suffering, anguish
- Wrongful death damages
Injured riders can incur extensive medical bills, lost wages, and pain and suffering. Negligent drivers are liable to the victim in damages. If the accident results in wrongful death, at-fault parties may be required to compensate immediate family members and dependents for financial and non-economic losses.
Successfully Recovering Damages
If you were injured by a negligent driver, the South Carolina motorcycle accident attorneys at Lofton & Lofton can help. For over 25 years, we have been dedicated to recovering compensation for personal injury victims throughout South Carolina. Lofton & Lofton provides experienced legal representation, protecting your rights and seeking to maximize the financial compensation you deserve. Call 843.722.6319 today for a free consultation or contact us online.
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