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If you were injured in a motorcycle accident, you might be wondering how you are going to receive the care and compensation you need. Bike crashes can leave victims with devastating physical and mental harm, as well as financial troubles from missed work and medical expenses.
Fortunately, a York County motorcycle accident lawyer could provide you with the support and direction you need to overcome the challenges that lie between you and legal recovery. A seasoned personal injury attorney in your area could inspect the facts surrounding your case and help you determine your options moving forward.
Insurance Issues
South Carolina gives motorcycle accident victims in York County three options for recovery. First, injured parties may file a claim with their own insurance company. Second, they may file an insurance claim with the at-fault driver’s insurance company. Lastly, injured parties may pursue a litigation claim without needing to meet an additional threshold.
Liability Insurance for Motorcyclists
Like other vehicle owners, motorcyclists must have liability auto insurance. At a minimum, this coverage should include $25,000 in bodily injury or death of one person, $25,000 in property damage per accident, and $50,000 in total bodily injury or death.
Implications of the 51 Percent Bar Rule
When a motorcycle accident victim in York County is partially at fault for causing the accident, their recovery may be prohibited or reduced under principles of comparative fault. Comparative fault rules help courts dictate whether or not a plaintiff is able to recover damages and for how much.
In South Carolina, courts use the 51 percent bar rule in personal injury cases. Injury victims are barred from recovering damages if they are 51 percent or more at fault for their injuries. If they are 50 percent or less at fault, they may recover compensation, but the total award would be reduced by their percentage of fault.
Seeking Relief for Motorcycle Accidents in York County
Motorcycle accident plaintiffs in York County who are seeking damages in court must file their lawsuit within the statute of limitations. South Carolina Code §15-3-530 gives plaintiffs three years to file their case from the date of the accident. Failure to file on time would result in losing the right to sue in court.
Plaintiffs may seek compensation for the full extent of their losses, including both economic and noneconomic damages. Economic damages include losses such as property damage, medical expenses, and lost wages. Noneconomic damages compensate victims for less tangible harms, such as pain and mental anguish.
Consult a York County Motorcycle Accident Attorney Today
As a motorcycle accident victim, you may not have the time or the energy to oversee the vast amount of work and procedural requirements necessary to pursue a personal injury claim effectively. Pursuing legal action without a knowledgeable attorney could be overwhelming or even counterproductive. A York County motorcycle accident lawyer could help you manage your case and guide you through the process. With a helpful navigator by your side, you could rest easier. To learn more about your options, call Schiller & Hamilton for a consultation.