What Is the Average Motorcycle Accident Settlement in South Carolina?
A motorcycle accident may be one of the most traumatic experiences in your life. Along with the pain and uncertainty you are no doubt going through, you likely have ever increasing expenses as a result of your accident.
If you’re trying to figure out how you’ll pay these unexpected bills, you may be wondering about the average motorcycle accident settlement in South Carolina. The truth is, there is no average settlement for motorcycle accident cases. Motorcycle accident settlement amounts vary based on several different factors that we will discuss with you here.
Prior to obtaining a motorcycle accident injury settlement, you will have to show that the person you were injured by was negligent. Generally, proving negligence requires that an injured motorcyclist show that the other person:
- Owed the motorcyclist a duty to maintain a certain standard of care;
- Failed to maintain that standard of care, resulting in a breach of duty;
- The breach of duty caused the injured motorcyclist’s injuries; and
- The injured motorcyclist sustained damages.
The right attorney will go through this with you and the implications that any of these factors has for your case.
Factors Affecting Your Settlement Amount
Getting into a motorcycle accident does not always equal a large payout. Although you may have seen other people’s cases garnering attention because of the large settlement they received from their accident, it is important to remember that the exception does not make the rule. There are several different factors that may increase or decrease the potential settlement award that you receive.
The Extent of Your Injuries
Before you look into information on the average motorcycle accident settlement in South Carolina, you should assess the extent of your injuries. Understanding the severity of your injuries helps put settlement amounts into perspective.
For example, a motorcyclist may have been in an accident in the same area as you and under similar circumstances. That motorcyclist may have received a substantial award that totaled close to a million dollars. Although you may see the end result of a large settlement amount, what you are not privy to is the details surrounding their injuries. People with more extensive injuries tend to obtain higher settlement amounts.
Common Motorcycle Accident Injuries
Although some people may feel a sense of envy toward a victim that received large motorcycle accident settlement amounts, cases are accompanied with a host of potentially long-lasting and debilitating injuries. Some common motorcycle accident injuries include:
- Traumatic brain injuries,
- Spinal cord damages and paralysis,
- Broken bones,
- Road rash, and
- Internal organ damage.
Serious injuries generally require a large settlement.
One of the first things that any good personal injury attorney does when they start working for you is check for insurance coverage. Although a person may be liable for your injuries, that does not mean that they have the financial ability to provide you with compensation. Realistically, the average American’s savings account balance varies. On average, people under 35 years old have about $11,200 in their savings, while people ages 35-44 have about $27,900 in their savings. Even if this were the best case scenario, your medical expenses can add up quickly. If the person who injured you lacks adequate insurance coverage, you may not be able to collect from them what they owe you.
If the defendant was uninsured or has a low insurance limit, your attorney can help you explore other avenues of recovery, such as filing a claim with your own uninsured/underinsured motorist coverage or pursuing a claim against another party who contributed to the accident.
South Carolina law establishes that a victim’s fault in an accident does not preclude them from recovering damages as long as their apportionment of fault is equal to or less than the liable party’s fault. However, any award they receive will be reduced proportionate to their share of fault. And if the injured person was more than 50% at fault for the accident, they won’t be able to collect damages from another party at all.
For example, imagine that a motorcyclist was carrying a package that prevented them from keeping both hands on the handlebars. Another driver ran a stop sign, and when the motorcyclist swerved to avoid the driver, they lost control and crashed. Once the motorcyclist files a claim with the driver’s insurance company, the insurer will try to apportion as much fault to the motorcyclist as possible to reduce their own liability.
If you think your actions may have contributed to the accident, it’s even more essential to have a successful motorcycle accident attorney on your side to ensure that you are not railroaded into admitting fault. This may hurt your case.
Hire a Motorcycle Accident Attorney
Peace Law Firm has been around for decades helping clients just like you. We know that one of your top concerns is recovering what you lost through a motorcycle accident injury settlement. We are here to provide you the expertise that you need at this time in your life. You want to hire a successful accident attorney if you want a chance at a fair settlement. For motorcycle accidents, reach out to Peace Law Firm today for a free consultation. You can contact us directly at 864-485-6963.