Sumter Motorcycle Accident Lawyer
Motorcycle accidents usually are not “accidents.” People accidentally misplace their car keys. They don’t accidentally drive aggressively or drive while impaired and cause motorcycle wrecks. Aggressive driving includes speeding and tailgating. These driving behaviors are especially dangerous for motorcyclists. These individuals have no seat belts or airbags to protect them during collisions. Impaired driving includes driving while drunk, stoned, or fatigued. All these impairments affect judgment abilities and motor skills.
The compassionate Sumter motorcycle accident lawyer at The Stanley Law Group understand the intense pain and suffering these victims must endure. Many of the people on our professional team have lived through similar experiences. Therefore, we feel passionately about these victims’ legal and financial rights. Our passion fuels our purpose, which is obtaining fair compensation for your serious injuries.
Building a Motorcycle Crash Claim
Winning maximum compensation is the end result of a process that starts with a thorough, yet quick, case evaluation. We look at your case from all possible angles before we embark on a course of action.
Next, we collect evidence in the case. This evidence usually starts with the police accident report. This report often includes an accident reconstruction evaluation as well as contact information for key witnesses. Other forms of evidence include medical bills and the victim/plaintiff’s own testimony.
Electronic evidence, like a vehicle’s Event Data Recorder, is often critical as well. Much like a black box flight data recorder in a commercial airplane, an EDR measures and records key vehicle operation information. A skilled Sumter motorcycle accident attorney pust all this electronic and non-electronic evidence together like pieces of a jigsaw puzzle.
Because we build such a strong foundation, we’re well-positioned to obtain maximum compensation in court. But before we file legal paperwork, we believe in giving an insurance company the chance to do the right thing. So, informal settlement negotiations are part of the case-building process.
Possible Defenses
Tragedies like motorcycle wrecks often have more than one cause. So, the comparative fault defense is one of the most common defenses in vehicle collision claims.
If there’s evidence that both parties were partially at fault, jurors must divide responsibility between them on a percentage basis, such as 60-40 or 80-20.
South Carolina is a modified comparative fault state with a 51 percent bar. Even if a victim is 49 percent responsible for a wreck, the tortfeasor (negligent driver) is responsible for a proportionate share of damages. These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
The motorcycle helmet defense, a doctrine similar to comparative fault, is also common in many states. According to this defense, victims who don’t wear helmets could be responsible for their own damages. However, the motorcycle helmet defense is illegal in South Carolina. Insurance company lawyers cannot even bring up the fact that the victim wasn’t wearing a helmet.
Some motorcycle accident defenses aren’t found in a book. The motorcycle prejudice is a good example. Deep down, many jurors believe that motorcycle riders are much like Hell’s Angels members. They are reckless thugs who ignore the safety of other people. Usually, the best way to deal with prejudice is not to attack it head-on, but to separate the victim from the prejudice. This is a delicate job that only an experienced attorney should handle.
Work With a Diligent Sumter County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Sumter motorcycle accident lawyer, contact The Stanley Law Group, P.A. Virtual, home, and hospital visits are available.
