According to a report by the CDC, there were tens of thousands of motorcyclist deaths and hundreds of thousands of injuries between 2001-2008. The rate of fatalities climbed over this period, and about a fifth of the nonfatal injuries involved the head or neck.
Clearly, motorcyclists are vulnerable on the road. But sometimes they have a hard time pleading their case to insurance companies or receiving compensation from other drivers who may be responsible for their accident. The following are some issues that could weaken your case as a motorcyclist:
- Not wearing a helmet. This could reduce the amount of damages you get if the helmet may have lessened the severity of your injuries.
- Sharing in the liability for the accident. In South Carolina, you may still receive damages even if you were partly responsible for the accident; this extends from the principle of comparative negligence. However, it’s important that you don’t get an unfair share of the blame for the crash. When any driver is determined to be over 50% responsible for a collision, they can’t get any compensation. Up until that threshold is met, the compensation you receive will be reduced if the percentage of liability assigned to you increases. Motorcyclists may be unfairly portrayed as reckless, when in fact their share of the blame for an accident might be very little or nonexistent.
- Uninsured. Not having insurance on your motorcycle can be a serious problem, one that you’ll definitely need to discuss with your attorney. However, a lack of insurance doesn’t automatically mean that you’ll walk away from an accident empty-handed if another driver was at fault.
Avoiding a motorcycle accident can be difficult, even if you follow all of the proper precautions. If you’re involved in a motorcycle acciddent, it’s important that you don’t immediately sign any insurance forms, claim any fault for the accident, or accept a settlement that may be disadvantageous to you. You need to contact a reputable motorcycle accident lawyer who will carefully review the accident and help you get the most compensation to assist you with any medical bills and damage to your bike. Be sure to keep track of all expenses related to the crash, document what happened with photos, and contact us for expert support.