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Charleston Personal Injury Lawyers / Blog / Motorcycle Accidents / Can You Sue as a Motorcycle Passenger in South Carolina?

Can You Sue as a Motorcycle Passenger in South Carolina?


Many motorcyclists ride with passengers, and this can be an enjoyable experience for everyone involved. However, a motorcycle ride can quickly become disastrous after a crash. Passengers may be more vulnerable to serious injuries after their drivers lose control. In many cases, passengers have lost their lives due to the negligence of motorcycle drivers. What can you do in this situation? Can you sue the driver for causing motorcycle passenger injuries in South Carolina?

 Motorcycle Passenger Dies After Myrtle Beach Crash 

Motorcycle passengers suffer serious or fatal injuries on a regular basis in South Carolina. In May of 2024, a passenger lost her life after a motorcycle crash in Myrtle Beach. Authorities say that two people were riding on a Harley Davidson on S.C. 44 when it collided with an SUV in an intersection. Although the driver of the motorcycle survived, the passenger eventually succumbed to her injuries at a nearby hospital. The South Carolina Highway Patrol did not provide any further details, but they announced an official investigation.

Drivers May Be Legally Responsible for Their Passengers 

Generally speaking, motorcycle drivers owe their passengers a “duty of care.” In other words, they are legally responsible for them. If a passenger suffers a serious injury due to the negligence of the motorcycle driver, the passenger may file a personal injury lawsuit to recover compensation.

Of course, the driver may not be totally responsible for the crash. For example, another driver may have partially contributed to the accident – perhaps by running a red light. In this case, South Carolina’s comparative negligence doctrine allows you to hold both drivers liable for your injuries. Speak with an experienced motorcycle accident lawyer in South Carolina to determine who might be liable for your passenger injuries.

Filing a Wrongful Death Lawsuit After a Motorcycle Passenger Dies 

If someone you loved died while riding as a motorcycle passenger, you may be eligible to file a wrongful death lawsuit. This course of legal action allows you to sue a negligent party on behalf of a deceased family member. This is generally your spouse, child, or parent. Wrongful death lawsuits can provide meaningful compensation for various losses incurred by families.

If your loved one received hospital treatment before their passing, these medical bills could be passed on to you. You might also face serious funeral expenses. If you lost a spouse, their passing may prevent you from receiving a lifetime of income. All of these damages should be compensable under a wrongful death claim.

 Contact Mickelsen Dalton, LLC Today 

If you have suffered injuries as a passenger, it makes sense to contact a motorcycle accident lawyer in Charleston immediately. While internet research is a positive first step, these legal professionals can assess your options in more detail. Choose Mickelsen Dalton, LLC to work alongside experienced injury attorneys. We can hold negligent drivers accountable and pursue compensation on your behalf. Book your consultation today.




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