How Comparative Negligence Affects Motorcycle Accident Claims in South Carolina

Motorcycle accidents can result in life-altering injuries and significant financial burdens. In South Carolina, understanding how comparative negligence laws impact motorcycle accident claims is crucial for riders seeking compensation. At CFJ Injury Lawyers, our experienced team, including Attorney Catherine F. Juhas and Attorney Eric Saleme, is dedicated to navigating these complexities to protect your rights and maximize your recovery.

What is Comparative Negligence in South Carolina?

South Carolina follows a modified comparative negligence rule, which allows injured parties to recover damages if they are less than 51% at fault for an accident. However, the compensation is reduced by the percentage of fault assigned to the claimant. For example, if you are awarded $100,000 in damages but found to be 30% at fault, your recovery will be reduced to $70,000.

How Shared Fault Influences Motorcycle Accident Claims

1. Determination of Fault:

Insurance companies and courts evaluate evidence such as police reports, eyewitness accounts, and expert testimony to assign fault percentages.

2. Bias Against Motorcyclists:

Riders often face stereotypes that unfairly assign them more blame for accidents, making it essential to counteract bias with strong evidence.

3. Impact on Compensation:

Being partially at fault directly reduces the compensation you can recover for medical bills, lost wages, and pain and suffering.

How CFJ Injury Lawyers Mitigate the Impact of Comparative Negligence

With over 40 years of experience serving North Charleston and the surrounding areas, CFJ Injury Lawyers excels at minimizing the impact of comparative negligence on motorcycle accident claims. Here’s how our team can help:

• Case Preparation:

Attorney Catherine F. Juhas, a cum laude graduate of the Charleston School of Law, brings a meticulous approach to gathering evidence and building a strong case.

• Community Focus:

Attorney Eric Saleme’s fluency in Spanish and his background in providing over 100 hours of pro bono services ensure inclusive, client-centered representation.

• Comprehensive Guidance:

We simplify the legal process for our clients, walking them through every step—from gathering evidence and negotiating with insurance companies to presenting a strong case in court if needed.

• Effective Negotiation:

Our team works diligently to challenge unfounded fault allocations and negotiate fair settlements.

• Trial-Ready Advocacy:

With credentials in multiple jurisdictions, including South Carolina and Washington, D.C., CFJ Injury Lawyers is prepared to take your case to court if necessary.

Navigating the Motorcycle Accident Process with CFJ Injury Lawyers

At CFJ Injury Lawyers, we understand that the aftermath of a motorcycle accident can be overwhelming. That’s why we provide personalized support at every stage of the process:

1. Initial Consultation:

During your free consultation, we’ll evaluate your case, answer your questions, and outline your legal options.

2. Thorough Investigation:

Our team meticulously gathers evidence, including accident scene photos, witness statements, and expert analysis, to build a strong case.

3. Insurance Negotiations:

We handle all communication with insurance companies to ensure you receive a fair settlement, leveraging our experience to counteract any attempts to minimize your claim.

4. Litigation Support:

If a fair settlement cannot be reached, we’re fully prepared to represent you in court, using our extensive trial experience to advocate for your best interests.

Our firm’s long-standing commitment to North Charleston has made us a trusted name in personal injury law. We’re proud of our proven track record of helping clients recover physically, financially, and emotionally from their injuries.

Motorcycle Accident Statistics in South Carolina

• High Risk:

In 2021, motorcyclists accounted for 12% of all traffic fatalities in South Carolina, despite representing only 3% of registered vehicles.

• Injury Rates:

Approximately 80% of motorcycle accidents result in injury or death, highlighting the need for comprehensive legal representation.

• Common Causes:

Leading causes include driver inattention, failure to yield, and speeding—factors that often complicate fault determinations.

Frequently Asked Questions

Q: Can I still recover damages if I wasn’t wearing a helmet during the accident?

A: Yes. South Carolina’s comparative negligence law allows you to recover damages even if you were not wearing a helmet. However, your compensation may be reduced if not wearing a helmet contributed to the severity of your injuries.

Q: How long do I have to file a motorcycle accident claim in South Carolina?

A: You have three years from the date of the accident to file a personal injury claim, as per South Carolina’s statute of limitations.

Q: What evidence can help reduce my fault percentage?

A: Evidence such as dashcam footage, accident reconstruction reports, and testimony from expert witnesses can be instrumental in disproving or reducing your fault percentage.

Q: Does South Carolina’s modified comparative negligence rule apply to wrongful death claims?

A: Yes. The same rule applies, meaning the deceased’s fault percentage can impact the compensation awarded to surviving family members.

Choose CFJ Injury Lawyers to Protect Your Rights

At CFJ Injury Lawyers, we understand the unique challenges motorcyclists face in accident claims. With a client-first approach and a proven track record, our team is committed to achieving the best possible outcome for your case. We’re more than just legal representatives—we’re advocates who genuinely care about your recovery and well-being.

Contact us today for a free consultation. Our bilingual team is ready to serve clients across North Charleston and beyond. Let CFJ Injury Lawyers guide you through the complexities of comparative negligence and fight for the compensation you deserve.