Claiming Wrongful Death from Off-road Vehicle Accidents in SC
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Tragedy can happen when you or a loved one drives a dirt bike, all-terrain vehicle or other recreational vehicle. Years ago, tragedy struck a family after a death at a dirt bike facility in South Carolina. Track operators can be held accountable when they manage their properties negligently, resulting in death.
If a loved one died in a dirt bike or other off-road vehicle accident in South Carolina, contact The Law Office of Steven M. Krause, PA to investigate and represent you in your wrongful death case.
Deadly Off-road Vehicle Accidents in South Carolina
Dirt bikes are a common source of off-road vehicle accidents. According to South Carolina dirt bike laws, it is illegal to ride your dirt bike on the streets, roads, highways, neighborhoods, or sidewalks. Therefore, most people choose to ride in their own backyards, or take their dirt bikes to dirt bike tracks. Unfortunately, there seems to be a lack of rules and regulations in these dirt bike facilities.
These facilities attempt to escape liability by requiring users to sign waivers. However, it is possible to bring a wrongful death lawsuit against these facilities and prove their liability in the accident with the right wrongful death attorney.
What is Wrongful Death?
A “wrongful death” is one that is the result of a “wrongful” action including:
- Intentional action
- Carelessness
- Criminal conduct
- Negligence
The misconduct can be by an individual or an entity, such as a corporation, or an off-road vehicle facility.
What is a Wrongful Death Lawsuit?
A wrongful death claim can exist when an individual dies due to the legal fault of someone else and the family wants to take legal action. Every state has laws regarding wrongful death lawsuits regarding:
- How and when the suits can be brought
- Remedies that can be provided by the court
Wrongful death claims can be brought for a variety of off-road vehicle accidents. Causes for such claims can include criminal conduct and intentional death.
Proving Your Wrongful Death Claim
In the case of wrongful death in off-road vehicle accidents, you must prove the following:
- You suffered damages
- The defendant’s misconduct caused your damages
- The defendant’s legal responsibility for the victim’s death
Common Damages in a Wrongful Death Claim
Settlements will be approved by a Probate Court, Circuit Court, or a US District Court. Wrongful death suits can recoup both economic and non-economic damages, as well as punitive damages in rare cases. The damages recovered are for the benefit of the statutory beneficiaries of the decedent. Typically, these are the spouse and children of the victim.
Contact a Wrongful Death Attorney in South Carolina
If your loved one died in an off-road vehicle accident in South Carolina due to the negligence of an off-road vehicle facility, you may want to contact a wrongful death attorney. The Law Office of Steven M. Krause, PA has the experience and expertise to help the families of wrongful death victims in South Carolina.
We understand that this can be a difficult time for you, and we want to help you get fair and reasonable compensation. You can schedule a consultation by visiting our website or by calling our office today.
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HOURS & ADDRESS
- 207 E. Calhoun St. Anderson, SC 29621
- (864) 225-4000Local
- 864-844-4836 En Español
- Toll Free
- 864-964-0788 FAX
Office Hours
- 9am - 3pm
Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.
