South Carolina motorcycle accident law is based on a fault system.

 

South Carolina Motorcycle Accident Law :
The driver who was at error and provoked the accident must compensate for damages to anyone (the other driver, passenger, pedestrian) who was hurt or harmed by the accident.

Motorcycle accidents

 

Law firms that focus on South Carolina motorcycle accident law usually describe motorcycle accident claims as having two parts which we generally call “liability” and “damages.”

 

Liability

Liability means “Who caused the accident?”

Technically, a motorcycle accident claim is a “neglect” claim. Negligence means carelessness. Therefore, you have to be able to prove that the other driver performed carelessly and produced the accident by doing such things as :

-Driving too fast
-Not paying attention
-Making an unlawful turn
-Following too closely
-Running through a red light or a stop sign
-Unsafely changing lanes
-Driving under the influence of drugs or alcohol
or the like

Statistically, the most usual cause of motorcycle accidents is the negligence of other drivers to see the motorcycle. Usually, this failure creates negligence and makes that driver responsible for the accident and all of the outcomes of it.

Still, mainly if you expect the cause of the collision to be challenged, your first concern is to nail down the proof of what happened :

-Write down the facts.
-Make pictures of the scene and the vehicles involved.
-Identify witnesses and get statements from them.
-Get a copy of the State of South Carolina Motor Vehicle Accident Report


Defenses To Liability Claims

The insurance company for the at-fault motorist may merely discard that their operator did anything wrong. The insurance company may increase defenses to your liability claim such as “contributory negligence.”



Contact The Doremus law Firm today to get the compensation you deserve!

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Located at 138 Centre St, Suite b, Orangeburg, SC 29115

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Call: 803-662-9200
or contact me online today.

GARY DOREMUS

Orangeburg South Carolina Attorney at Law