Charleston, South Carolina Fatal Motorcycle Accident Attorney
Wrongful Death Lawyers for Families of Motorcycle Crash Victims
South Carolina has over 200,000 motorcycles registered with the Department of Motor Vehicles. The appeal of motorcycles is more than just the cool factor. They are less expensive than the cost of automobiles. Motorcycles are great for commuting and for recreation. However, with the benefits come the risks.
While motorcycles can travel at the same high speed as larger motor vehicles, they lack the protections of a car. Moreover, motorcycles, with their smaller profile, are less visible to other vehicles on the road. These factors can lead to fatal motorcycle accidents.
The impact of a collision between an automobile and a motorcycle may result is severe damage. For the motorcyclist, the crash could end in death. If your loved one was fatally injured in a motorcycle accident in South Carolina due to the negligence of an at-fault driver, contact the experienced and knowledgeable South Carolina accident attorneys at the Steinberg Law Firm today at (843) 720-2800.
Motorcycles Fatalities in South Carolina
South Carolina law grants the same rights and duties to motorcyclists as for automobile drivers. Cars, trucks, and other motor vehicles have a duty to watch out for motorcycle riders on the roadways with them. Motorcycles and other motor vehicles must obey the state traffic laws. However, when a driver or rider does not adhere to the rules of the road, fatal motorcycle accidents can happen.
In 2018, over 100 motorcycle riders were killed on South Carolina roads and highways. In a collision with an automobile, the motorcyclist can potentially take all or most of the impact to their body. Protective gear, such as a helmet and padded clothing, may help minimize injuries and head trauma. However, even with protection, the body is left vulnerable in the crash.
Although it is recommended that motorcycle riders and their passengers wear a helmet, South Carolina does not require every motorcycle driver to wear one. The law only requires operators of motorcycles and their passengers who are under the age of 21 to wear a helmet. Additionally, helmets must meet the requirements set by the South Carolina Department of Public Safety, which are:
- A neck or chin strap
- Reflectors on both sides
Causes of Motorcycle Fatality Accidents in South Carolina
Millions of motorists travel on South Carolina highways every day. High levels of traffic congestion can lead to an increase in accidents. Common causes of fatal motorcycle accidents include:
- Road rage
- Negligent operation of the automobile or motorcycle
- Unsafe lane changes
- Driving under the influence
- Driving or riding too closely
- Unsafe turns
- Distracted driving
- Lane splitting
- Debris in the road
Compensation for Motorcycle Accidents in South Carolina
Losing a loved one is never easy. In the aftermath of a fatal motorcycle, the grief and shock are hard to deal with. Thinking about a lawsuit for compensation may seem overwhelming. While lawsuits can be complex, if your loved one died in a motorcycle accident you may be entitled to compensation.
After a fatal accident, the person named in the deceased will as the personal representative can file for the estate of the deceased. If there is no will, the person who is appointed by the court as a personal representative can handle the legal claims.
You may file a wrongful death action against the at-fault driver. Under state law, a wrongful death includes death by a wrongful act or neglect. You have three years from the date of death to file a lawsuit.
In a wrongful death lawsuit, you may ask for damages suffered as a result of the death from the motorcycle accident. The damages may be in the form of noneconomic damages and punitive damages.
Sometimes in a fatal motorcycle accident, the victim dies on impact. In other cases, the victim may die weeks, months, or years after the incident. This means that their family may seek non-economic damages the victim suffered before their death including:
- Pain and suffering
- Emotional distress
- Fear of loss or injury
- Loss of consortium
If the court awards noneconomic or monetary damages, the court may consider ordering the at-fault driver to pay punitive damages to the deceased victim’s estate as well. To determine the amount of punitive damages, the factors considered are:
- The amount of liability of the at-fault driver
- The severity of the harm the at-driver caused
- The amount of fault the deceased victim contributed
- The at-fault’s driver’s ability to pay
Lawsuits are often complex and complicated. Moreover, in the aftermath of a death of a loved one, legal action may seem out of reach. To make sure that you can receive the compensation you are entitled to, speak with a fatal motorcycle accident lawyer as soon as possible to ensure your rights and the rights of your loved one are protected.
Contact a South Carolina Motorcycle Attorney
If you have lost a loved one in fatal motorcycle accident, contact an experienced motorcycle accident lawyer at Steinberg Law Firm today. We can be reached at (843) 720-2800. Call us for your free consultation. You are not alone; we are here to help.
WE HAVE RECOVERED OVER $500 MILLION FOR CLIENTS IN THE LAST 10 YEARS, INCLUDING:
Car Accident Settlement
Fatal Car Accident
Leaders in the Legal Industry
Steinberg attorneys have been awarded numerous distinctions, such as Super Lawyers, Best Lawyers in America by U.S. News & World Report, Gedney M. Howe, Jr. Award for Outstanding Public Service, the SC Leadership in Law award, and has been voted Best Workers’ Comp Firm in SC, among other distinctions.
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