Columbia Driver Error Motorcycle Accident Attorneys
If you or someone you love has been injured in a motorcycle accident due to another driver’s error, contact Goings Law Firm, LLC today. The team at Goings Law Firm, LLC has helped many motorcycle accident victims and has won millions of dollars for their clients over the years. At Goings Law Firm, LLC, we understand that being in a motorcycle accident can be a painful and traumatic experience, both physically and emotionally. That is why we are dedicated to helping you through this trying time. As a native of South Carolina, attorney Robert F. Goings knows that when an injured party walks through the door, he and his team at Goings Law Firm, LLC are serving not only a client but also a neighbor and valued community member.
While many people enjoy riding motorcycles for the feeling of freedom it gives them, being in a motorcycle accident can have devastating consequences. The outcome of injuries as a result of being in a motorcycle accident can be magnified beyond that of a car accident because motorcycle drivers do not have the extra protection of a metal car body surrounding them when they are hit. Being in a motorcycle accident can leave the victim suffering from road rash, broken bones, torn ligaments, joint damage, and head trauma, among other things. This can mean extensive doctors visits and physical therapy. Through this painful process, medical bills may mount. Medical bills coupled with lost time at work and lost time with family and loved ones, among other things, may cause additional stress on a victim who is already going through enough. You do not have to suffer through this difficult period alone.
If you or someone you love was involved in a motorcycle accident due to another driver’s mistake, call our compassionate and knowledgeable team of experienced Columbia driver error motorcycle accident lawyers at Goings Law Firm, LLC today at (803) 350-9230 to schedule a free consultation.
South Carolina Motorcycle Accidents
South Carolina has consistently been named one of the top five worst places to drive in the United States, with South Carolina drivers rating as the third worst drivers in the United States. With the number of injuries from 2014 increasing by 10.5%, there were 58,604 traffic-related injuries in South Carolina in 2015. In South Carolina in 2016, of those vehicles involved in traffic accidents, 14% were motorcycles. A car accident occurs in South Carolina every 3.9 minutes, with a motorcyclist being killed every 2.6 days. Alarmingly, fatality rates from motorcycle accidents were up across South Carolina from 2014 to 2015.
While death is the most severe consequence of a traffic accident, injuries also result from traffic accidents and occur with great frequency. Since 2011, there have been over 1,000 motorcycle collisions in South Carolina each year, with over 100 fatalities in each of those years except one (2014). Furthermore, since 2011, there have been roughly 2,000 injuries due to motorcycle accidents each year. These statistics are alarming in that motorcycle accidents, and the consequential injuries or fatalities, are commonplace over the last decade.
There are numerous factors that can contribute to accidents. Data shows that motorcycle drivers and other drivers are at fault for causing motorcycle accidents roughly the same proportion of the time. Other drivers who contribute to motorcycle accidents may be liable for injuries and damages, especially if their error was the cause of the accident.
Driver Error Causing Motorcycle Accidents
Driver error by others on the road may cause accidents resulting in injury and sometimes even death. Many people on the road today take for granted that vehicles need to be operated with the utmost care and caution to prevent accidents and the resulting consequences. Driver error can occur when a driver is distracted because they doing one of the following actions:
- Texting while driving
- Eating while driving
- Changing the radio while driving
In these situations, and in other circumstances when another driver’s error causes a motorcycle accident, that driver may have been negligent.
In order to have a claim for negligence in South Carolina, the person bringing the claim must show the following:
- They were owed a duty of care
- The duty of care was breached
- There is causal connection between the breach of duty and the injuries
- There were in fact damages
It is the responsibility of the party bringing the claim to prove that these elements were met. South Carolina negligence law uses a fault-based system for dealing with car accidents, meaning that fault will be assessed to the party causing the accident, and that person and their insurance company will be liable for compensating the victim of the accident. However, this can be tricky because fault may be assessed to more than one party in many instances.
If a judge or jury finds that multiple parties were involved in causing the accident, then the South Carolina law uses a modified comparative-fault scheme to determine the amount of compensation the victim deserves. Under this rule, the plaintiff must be less at fault for the accident than the defendant in order to recover damages. Furthermore, the amount the plaintiff recovers may be reduced by the percentage of their fault for the accident, as determined by either the judge or jury.
It is also important to keep in mind that in South Carolina, the time frame for filing a legal claim for personal injury and damages to property resulting from an accident is three years from the date of the accident. Knowing how to navigate the legal system can be a confusing and frustrating process. If you or someone you love has been injured in a motorcycle accident caused by another driver’s error, you should not have to worry about dealing with the legal process alone.
If you or someone you love one has been injured in a motorcycle accident, call the experienced and compassionate team at Goings Law Firm, LLC at (803) 350-9230 for your free consultation.
As natives of South Carolina and proud members of the Columbia community, the team at Goings Law Firm, LLC will work hard to get you the compensation you deserve. When you call Goings Law Firm, LLC, you are not only calling a motorcycle accident attorney, you are calling a friend. Call us today at (803) 350-9230 for your free consultation. We are here to help in your time of need.