Switch to ADA Accessible Theme
Close Menu
Trusted trial lawyers aggressively
fighting for justice for our clients.
Request free consultation
Charleston Personal Injury Lawyers / Blog / Motorcycle Accidents / Suing After Losing a Passenger to a Fatal Motorcycle Accident in South Carolina

Suing After Losing a Passenger to a Fatal Motorcycle Accident in South Carolina


Many motorcyclists enjoy taking passengers on thrilling rides through South Carolina, but these adventures can easily end with tragic consequences. In some cases, both rider and their passengers die in fatal South Carolina motorcycle accidents. In other situations, however, the rider survives while the passenger dies. If you have survived one of these fatal accidents, you might be wondering how to proceed with legal action. Can you sue on behalf of your deceased loved one? What about your own injuries?

Are Passengers More Likely to Die in Motorcycle Accidents? 

Passengers may encounter additional risks when riding on motorcycles. Those driving motorcycles can firmly grip the handlebars, but passengers may struggle to brace themselves in a similar manner. Many passengers grab onto the waists of drivers, while others grip the back of the seat instead. Technically speaking, passengers should ride with the “pegs” fully down. However, many motorcycles may lack these features. Alternatively, some passengers may be unaware of the pegs.

Generally speaking, passengers are far less experienced with motorcycles than the drivers, and many get on board without ever riding a motorcycle in their life. Driving with a passenger may pose additional challenges for the driver as well. With a passenger gripping their shoulders, arms, and waist, it may be more difficult to steer the vehicle. With the added weight of a passenger, a motorcycle may also be less maneuverable. All of these factors increase the chances of motorcycle accidents. In addition, passengers may be more likely to fall off or become ejected.

Suing on Behalf of a Deceased Passenger 

You may have the opportunity to file a “wrongful death” lawsuit on behalf of your deceased passenger. Generally speaking, only close family members can file these lawsuits. Many passengers are the spouses or children of the riders, however – and you may be eligible to take legal action.

A wrongful death lawsuit can provide compensation for numerous damages., Perhaps most notably, you can receive compensation for any funeral expenses you paid on behalf of your loved one. You may also receive compensation for any future income they would have earned throughout their life. Finally, you can receive compensation that covers the medical treatments they received on their deathbed in the hospital.

Non-economic damages may also apply. One potential example is “loss of consortium,” which allows you to receive compensation for the various psychological burdens associated with your loved one’s passing. You might also claim emotional distress.

Of course, you can also pursue compensation for your own damages after this type of accident. You might have suffered a range of damages, and this can add to the total compensation associated with your motorcycle accident.

Find a Qualified Motorcycle Accident Attorney in South Carolina 

If you’ve been searching for a qualified, experienced Charleston motorcycle accident lawyer, look no further than Mickelsen Dalton, LLC. Over the years, we have helped numerous injured plaintiffs throughout the South Carolina region – including motorcycle accident victims. We know how tragic fatal motorcycle accidents can be – especially if one victim survives. With our help, you can pursue compensation not only for your own injuries, but also on behalf of your loved one. Book your consultation today to learn more.




Facebook Twitter LinkedIn