Motorcycle accident claims are different from car accident claims in South Carolina. It’s important to understand these differences to ensure you receive justice for your claim. Jordan Law Center explains car accidents vs. motorcycle accidents.
Six Difference in Motorcycle Accidents VS Car Accidents
1. Injuries Are Often More Serious
Eighty percent of motorcycle accidents result in injuries while only 20% of car accidents result in injuries. If you’re in a motorcycle accident, you’re more likely to get hurt, and those injuries are often serious.
Without the protection of a large passenger vehicle, it’s the body that absorbs the impact of a motorcycle crash. You may be thrown from your bike, suffering blunt trauma from being struck by a vehicle and then striking the ground.
Are motorcyclists entitled to the same compensation for accident injuries?
The law for motorcycle accident compensation is the same as it is for passenger vehicles—the victim may claim compensation for damages. Both economic and non-economic damages like pain and suffering can be claimed. Even though these damages may be especially high for a motorcycle accident victim, they may be claimed in full.
2. Injuries Are Often Different
Motorcycle accident injuries are often more serious than car accident injuries. There are some types of injuries that are especially common for motorcyclists and are not as common in car accidents. For example, motorcycle accident victims often suffer from road rash. They may be thrown from their bike and slide along the hard pavement, gravel, or grass. They may suffer severe burns and skin damage in addition to blunt force trauma.
Injuries like traumatic brain injury and broken bones are common for motorcyclists. Symptoms may be delayed, so injuries may be more serious than the rider first realizes. Knowing the types of injuries that are common to motorcyclists can help identify the victim’s damages and ensure that the claim is fully valued.
3. Proving Fault Is Particularly Important
There are common causes of motorcycle accidents that are less likely for passenger vehicles.
For example, a motorcyclist can be thrown from their bike because of a pothole or deteriorated road. Someone may have changed lanes or proceeded into an intersection without taking the time to check for smaller vehicles. Investigating fault is an important part of any motorcycle accident claim. While the rules of the road apply, there can be unique circumstances that apply only to motorcycles, and these circumstances can be the basis for the claim.
4. Accident Reconstruction Can Reveal Different Things
Accident reconstruction examines the crash in detail. Scientific methodology investigates the speeds, weight, applied force, actions of each party, and other relevant factors. The purpose is to identify the causes and contributing factors of the crash. The process can also explain how injuries may have resulted from the crash.
A motorcycle is much smaller than a typical passenger vehicle. Because it is different mechanically and operationally, a motorcycle is going to react differently when it is struck by a vehicle or when it is subjected to other forces. The calculations made in performing accident reconstruction will be different than they might have been for a crash involving a passenger vehicle.
5. Finding an Unbiased Jury Can Be More Challenging
Motorcyclists have a right to be on the roads. They also have the right to an unbiased jury for their motorcycle accident claim. Finding a jury that can be neutral isn’t always an easy task, some people have a bias against motorcyclists. In jury selection, you can ask questions of potential jurors to make sure that the people deciding your case can be fair.
6. Explaining Motorcycles to the Jury Is Critical
Even if you have a jury that can be fair to a motorcyclist, it’s unlikely that everyone on your jury is going to be familiar with motorcycles. You may need to spend time explaining to the jury how a motorcycle functions. This information may be key to helping the jury understand why the rider did certain things or why the bike reacted in a certain way. More explaining may be needed than might be needed for a case involving only passenger vehicles, and this information can be critical to making your case.
Ways Motorcycle Accident Claims Are the Same
Even though there are some important differences in motorcycle accident claims, there are also some similarities.
Does insurance work the same way for a motorcycle accident claim in South Carolina?
Yes. In general, motorcycle insurance works the same way for an accident in South Carolina as car insurance. The law requires motorcyclists to carry the same liability coverage as passenger vehicles. They also have the same right to purchase uninsured/underinsured motorist coverage.
When an accident occurs, each victim may pursue compensation from the party at fault. Typically, compensation is paid through insurance, but a party at fault may be liable for their assets. If the party at fault doesn’t have enough insurance to cover damages, you may look to your own uninsured/underinsured policy for compensation.
What is the time limit to bring a motorcycle accident claim in South Carolina?
The time limit to bring a motorcycle claim for compensation in South Carolina is usually three years. The deadline may be shorter when the defendant is a government entity. The same personal injury statute of limitations that applies to passenger vehicle accidents also applies to motorcycle accident claims.
Does comparative negligence apply to South Carolina motorcycle accident claims?
Yes. The actions of each party are evaluated to determine relative fault for a motorcycle accident. South Carolina’s comparative negligence system applies, where a victim may receive compensation if the party claiming compensation is 50% or less responsible for the accident.
Compensation is reduced by the percentage of fault. If the claimant is more than half at fault, they may not receive compensation.
Get Legal Help
Jordan Law Center is about justice. We know how claims are differ in motorcycle accidents vs car accidents. With a history of courtroom success, we put this knowledge into practice as we achieve results for our clients.
To learn more and get legal help, contact Jordan Law Center.
