How Does Comparative Negligence Work in South Carolina Motorcycle Accidents?
After a motorcycle accident in South Carolina, you may need to become familiar with various laws and processes. One of these systems is called “comparative negligence,” and it may affect your ability to pursue compensation. While it is not necessary to become a legal scholar simply to cover your medical bills and lost wages, a basic understanding of this concept could help. Contact an attorney to learn more about how this all works.
Comparative Negligence Allows You to File a Lawsuit Even if You Are to Blame
A system of comparative negligence allows victims to sue even if they are partially to blame for their own injuries. As long as you can establish that someone else contributed to your injuries, your own negligence may not prevent you from recovering compensation. This is vital information for injured motorcyclists, especially those who are not sure whether they caused their own injuries.
How Does Modified Comparative Negligence Work in South Carolina?
There are different types of comparative negligence to consider. The first is “pure” comparative negligence, which allows victims to sue regardless of their level of fault. Under this pure system, a victim could potentially sue even if they were 99% at fault for their own injuries.
South Carolina is not a pure comparative negligence state. Instead, it is a “modified” comparative negligence state. This means that your right to file a lawsuit may be limited if you were the main cause of your own accident. In other words, if you contributed to the accident by more than 50%, you lose your right to sue.
Comparative Negligence Can Reduce Your Compensation
You should also know that comparative negligence has the potential to considerably reduce your compensation. For example, you might have contributed to your motorcycle accident by 25%. Perhaps your excessive speed was a factor in the crash, but not the main factor. In this situation, you would only have the ability to recover 75% of your total compensation.
Your compensation decreases based on how much you contributed to the accident. This highlights the potential benefits of working with an experienced motorcycle accident lawyer. These legal professionals may be able to help you establish that your fault level was low, thereby ensuring maximum compensation.
Ideally, your lawyer will help you establish that you did not contribute at all to your accident. This may involve gathering new evidence, reviewing surveillance footage, and much more. Even if you think you caused your own accident, you might be mistaken.
Can a Motorcycle Accident Lawyer in South Carolina Help Me Pursue Compensation?
A motorcycle accident lawyer in South Carolina may be able to help you pursue compensation after a crash. If you’re struggling with injuries, don’t worry too much about the legal details. It’s probably much more important to focus on your treatment, and you should see a doctor as soon as possible. When your condition stabilizes, consider speaking with Mickelsen & Dalton, LLC to learn more about your next steps.
Source:
scstatehouse.gov/code/t15c038.php
