Establishing Negligence in a South Carolina Motorcycle Accident Case

Being involved in a motorcycle accident can be incredibly traumatizing, leaving you physically injured and afraid to return to an activity you love. In the aftermath of such a collision, it is crucial to understand your legal rights and options, particularly when it comes to establishing negligence in a South Carolina motorcycle accident case and understanding the role of motorcycle laws.

Working with an experienced motorcycle accident lawyer can help you in your journey to prove negligence and demand compensation. Call Peake & Fowler at 803-788-4370 to set up a consultation with our team.

Understanding Negligence in Motorcycle Accident Cases

Negligence, an important term in personal injury cases, is when someone doesn’t take the care they should. Their action or inaction ends up causing harm to someone else. In the case of a motorcycle accident in South Carolina, pointing out negligence is essential. It’s the way you show that the other person is at fault and should be responsible for the harm caused. There are numerous ways someone can be negligent in this scenario. 

A driver is negligent if they fail to check their blind spot before changing lanes and subsequently hit a motorcyclist in their blind spot. They’d also be negligent if they turned left in front of an oncoming motorcycle and caused a crash because they misjudged their speed. Drinking and driving is another common form of negligence. To put it simply, negligence is about showing that someone else didn’t do what they were supposed to do and that their mistake directly led to the accident and your injuries.

The Four Elements of Negligence You Need to Prove

To successfully argue negligence in a motorcycle accident case in South Carolina, you need to clearly show four critical elements: duty of care, breach of duty, causation, and damages. 

First off, duty of care means that everyone has a responsibility to act in a way that doesn’t put others in danger. For example, drivers should always keep their eyes on the road and obey traffic laws. Drivers automatically have a duty of care to everyone else on the road when they decide to get behind the wheel.

Breach of duty happens when someone fails to fulfill this responsibility, like if a driver was texting instead of watching the road. You have to show that their choice falls outside what a reasonable person would do in the same situation.

Next, you must demonstrate causation, which connects the irresponsible behavior directly to the accident. You should be able to show that the crash wouldn’t have happened if the driver had been paying attention. 

Lastly, there are damages. This includes medical bills, property damage, lost wages, and other losses. Without damages, you have no real claim—you cannot demand compensation from someone simply because their actions could have caused harm.

Collecting Evidence to Support Your Claim

To build a strong case after a motorcycle accident, gathering solid evidence is key. This evidence not only shows what happened but also pins down who is at fault. Start by securing a copy of the police report, as it provides an official account of the accident. Next, look into getting any witness statements you can. People who saw what happened can offer crucial details that support your side of the story. 

Don’t forget to take pictures of the accident scene, including all vehicles involved, road conditions, and any relevant signs or signals. These images can speak volumes about how and why the crash occurred. Also, keep a detailed record of your injuries and medical treatment. Collecting all medical reports and bills will show the extent of your injuries and the treatments you needed. 

Lastly, if you missed work or had other financial losses because of the accident, document these too. Having a comprehensive collection of evidence like this not only backs up your claim but also puts you in a stronger position to negotiate compensation.

Fight for Justice After a Motorcycle Crash With Peake & Fowler

Seeking compensation for a motorcycle accident can be challenging, thanks to biases against motorcyclists. That’s why we’re passionate about helping riders like you fight for justice. Set up your consultation now by calling us at 803-788-4370 or contacting us online.