Possibly. We would have to investigate the circumstances of your accident to determine whether you have a valid claim, but in general you may seek compensation from the party at fault in a South Carolina motorcycle accident. However, if you share any blame for the accident, it may affect what compensation you may obtain.
When more than one party shares the blame for an accident, South Carolina uses a modified comparative fault system. This means your award may be reduced by the percentage of fault you contributed to the crash, so long you were less than 51 percent to blame.
A lawsuit in a motorcycle accident might seek compensation for:
- Medical expenses. Because motorcycle accidents can cause catastrophic injuries, scarring and disfigurement, this will be the bulk of most claims.
- Property damage. This is money to repair or replace a damaged motorcycle after a wreck. If your bike had custom parts or paint, you should be sure to document this and ask for appropriate compensation. You may also be able recover the cost of a rental vehicle as you await repairs or shop for a new vehicle.
- Lost income. This covers lost salary or wages due to missing work during your recovery or for losses due to a disability that requires you to take work that pays less or prevents you from returning to work.
- Pain and suffering. This may include compensation for specific severe injuries, scarring or disfigurement.
- Punitive damages. This is money sometimes awarded to punish the defendant in cases of particularly egregious or outrageous behavior.
If your case goes to court, the jury will determine what percentage of blame you deserve for the accident, and reduce your compensation accordingly. For example, if you are found to be 30 percent to blame for the crash, your award will be cut by 30 percent. If you bear 51 percent of the blame or more, you will not receive any compensation.
As your attorneys, Joye Law Firm would investigate your accident and work to mitigate any harm your comparable negligence might do to your financial recovery.
