According to statistics, there were 171 motorcycle fatalities recorded in South Carolina in 2022. Riding motorcycles in Columbia City comes with its fair share of risks, including getting injured. After an accident occurs, there is a task of determining liability.
Consulting a Columbia bike accident lawyer will help you determine who is at fault and responsible for compensating you for the damages. There are two main legal doctrines when it comes to negligence rules. They are comparative and contributory. South Carolina is one of the many states that use comparative negligence.
In this article, we will discuss these concepts to help you understand how they apply to motorcycle accidents.
What is Negligence in Motorcycle Accidents?
In motorcycle accidents, a person is considered negligent if they do not exercise reasonable care leading to and causing harm to another person. For example:
- When a car driver doesn’t check their blind spots before changing lanes and ends up putting a motorcyclist in danger.
- When a motorcyclist is speeding at an intersection and causes an accident.
- A distracted driver runs a red light and hits a motorcyclist.
How Comparative Negligence Works
Comparative negligence allows accident victims to get compensation even if they are partially at fault. In this rule, how much compensation you get is reduced by the percentage of fault you had in causing the accident. There are two types of comparative negligence: pure and modified.
In pure comparative negligence, as a motorcyclist, you can still claim damages regardless of the fault level. Let’s say in an accident, as a motorcyclist, you are determined to be 70% at fault. This means you can still claim 30% of the damages.
In modified comparative negligence, a motorcyclist can only recover damages if their fault doesn’t surpass a certain percentage, which is mostly 50%. If their fault is higher than this, they cannot get compensation. South Carolina and Columbia follow modified comparative negligence. Therefore, if, as a motorcyclist, you are found to be 51% at fault, you cannot receive compensation. The state used to follow contributory negligence but had to switch after 1991.
Contributory Negligence
In this rule, a motorcyclist cannot recover compensation for any damages, even if they are just 1% at fault. For example, if a motorcycle doesn’t have headlights and a driver changes lanes without indicating and hits the motorcyclist. If it is determined that the motorcyclist is 10% at fault because of lacking headlights, they will not get any compensation.
This rule is more harsh. That’s why having the right legal representation is important to ensure you don’t end up with zero compensation.
The Role Motorcyclists Can Play In Determining Negligence
Since negligence is used in deciding the amount of compensation, as a motorcyclist, you should:
- Get enough evidence. This includes police reports, witness statements, and photographs of the scene.
- Avoid admitting fault at the scene or when talking to an insurance company.
Conclusion
Motorcyclists in Columbia should be familiar with how negligence laws affect their claims. Understanding comparative and contributory negligence will help you protect your rights. To ensure you get the maximum compensation, consult an attorney who can represent your best interests.
