What Is A Fair Settlement For Motorcycle Accidents?

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January 21, 2022
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What Is A Fair Settlement For Motorcycle Accidents?

The insurance company made you an offer for your motorcycle accident. Is it fair? How can you tell? What is a fair settlement for motorcycle accidents? Our motorcycle accident lawyers explain.

How do I know if my motorcycle accident settlement is fair?

A fair motorcycle accident should be the sum of several factors. The greatest indicators are compensation that covers medical bills, lost income, and an amount for pain and suffering that is proportional to injuries. Fault also plays a role in whether a settlement is fair.

How much is a motorcycle accident case worth?

Each motorcycle accident case is worth a different amount. There is no standard dollar amount that every case is worth. A case is worth the total of damages that are available under the law including economic and non-economic losses. In addition, fault is a factor in determining what percent of a victim’s damages they are entitled to receive.

What factors determine a fair settlement for motorcycle accidents?

The factors that may play a role in determining a fair settlement for a motorcycle accident are:

  • Legal fault – Who is at fault for the accident is key to determining a fair settlement. The party who causes the accident must pay victims for their damages. Once legal fault is established, victims may value their damages and calculate compensation.
  • Comparative fault – In cases where more than one party is at fault for the accident, South Carolina Code § 15-38-15 applies. A victim may claim financial compensation if they are less than 51% responsible for the accident.
  • Economic damages – Actual financial losses play a large role in a fair settlement for a motorcycle accident. Damages include expenses, like medical bills and income loss. Economic losses should not be diminished in any way because the accident involves a motorcyclist. The motorcyclist has every right to claim the full extent of their losses.
  • Non-economic damages – In addition to tangible, financial losses, a motorcycle accident settlement should include an amount for suffering. Suffering from an accident may be physical or emotional.
  • Property damages – In accidents involving a motorcycle, property damage may be significant.
  • Punitive Damages – If the conduct of the defendant is grossly negligent then punitive damages may apply. Examples of gross negligence where punitive damages could apply are intoxication, excessive speed, and distracted driving to name a few. 

Does helmet use play a role in a fair settlement for motorcycle accidents in South Carolina?

In South Carolina, helmet use does not play a role in the amount of a fair settlement for a motorcycle accident. Failing to wear a helmet is not comparative negligence or assumption of the risk. (See Mayes v. Paxton, 437 S.E.2d 66, 70 (S.C. 1993).)

How much is pain and suffering worth in a motorcycle accident?

Pain and suffering in a motorcycle accident reflects the extent of the injuries and the actual suffering associated with them. When an injury is particularly painful, disfiguring or limiting to life activities, the amount of pain and suffering compensation is higher than when injuries are minor. The appropriate amount can be shown through the extent of physical injuries and evidence that explains the pain and limitations associated with them.

Lawyers to know if motorcycle accident settlement is fair

Are you wondering if your motorcycle accident is fair? We are attorneys you can count on. Our mission is to provide the highest level of compassion, knowledge, and personal service for our clients.

Contact our motorcycle accident lawyers today for a free evaluation of your case.

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