Motorcyclists face heightened safety risks. As they have limited protection, the consequences of a crash can be truly catastrophic. If your loved one was killed in a motorcycle wreck, your family has the right to bring a civil claim. Here, our Anderson wrongful death attorney provides an overview of fatal motorcycle crash claims in South Carolina.

Wrongful Death Motorcycle Accidents: Know the Law in South Carolina

Who Can File a Motorcycle Wrongful Death Claim

Not every person who was close to the victim has the right to file a wrongful death lawsuit. Under South Carolina law (S.C. Code Ann. § 15-51-20), the action must be filed by the personal representative of the decedent’s estate. It is not filed directly by individual family members. Even though the claim is brought by the estate, it is pursued for the benefit of specific statutory beneficiaries. Those beneficiaries typically include the surviving spouse and children. If neither of those parties exists, the parents or other heirs may be the primary beneficiaries.

The Deadline for a Fatal Motorcycle Accident Claim

South Carolina imposes a strict time limit on wrongful death actions arising from fatal motorcycle accidents. Under state law, a wrongful death claim must be filed within three years of the date of death. However, in some cases the period of time is shortened to two years. A proactive approach is key after a deadly motorcycle crash. Your family needs an experienced South Carolina wrongful death attorney.

Proving Liability for a Motorcycle Accident Wrongful Death Claim

Wrongful death claims are fault-based legal cases, including for motorcycle accidents. Liability in a fatal motorcycle accident rests on traditional negligence principles under South Carolina law. In other words, the personal representative of the estate that brings a claim must prove:

Duty;
Breach;
Causation; and
Damages.

In practice, it requires showing that another driver violated a traffic law, failed to keep a proper lookout, made an unsafe turn, or otherwise operated a vehicle unreasonably under the circumstances. A thorough investigation of a fatal motorcycle crash is a must.

Recoverable Damages in a Fatal Motorcycle Case

Wrongful death damages in South Carolina focus on the losses suffered by surviving family members, not the losses of the decedent personally. Under S.C. Code Ann. § 15-51-40, recoverable damages may include funeral and burial costs, loss of financial support, loss of companionship, loss of care and guidance, and mental shock and suffering resulting from the death. Non-economic damages are often the biggest part of a wrongful death lawsuit in South Carolina.

Schedule a Free Consultation With Our South Carolina Wrongful Death Attorney

At The Law Office of Steven M Krause, PA, our South Carolina wrongful death lawyer has the experience that you can rely on. If you have any questions about your rights and your options, please do not hesitate to contact us today for a free, confidential consultation. With an office in the 29621 zip code of Anderson, we represent grieving families in fatal motorcycle crash claims throughout the wider region in South Carolina.