In 2022 in South Carolina, there were 151 motorcycles involved in fatal accidents. If the accident is the fault of another driver or a third party, surviving family members may claim financial compensation. This type of claim is called wrongful death.
Can you claim wrongful death for a motorcycle accident in SC?
A motorcycle accident may be the basis of a wrongful death claim. The accident must be someone else’s fault based on legal standards of negligence. In South Carolina, the deceased person’s representative files for the benefit of surviving close family members, but claim procedures vary among states.
What Constitutes a Wrongful Death in Motorcycle Accidents
A wrongful death for a motorcycle accident death is when the following occurs:
Someone has a duty of care to others. Drivers always have a duty of care to others on the roads.
They act negligently. That means they do something dangerous or fail to do something reasonable that is safe.
An accident occurs, involving a motorcycle. The negligence results in a collision.
Fatality results to the victim. The fatality is because of the accident.
Survivors have a claim for damages. The law gives a list of who may claim for wrongful death.
Surviving family members of either a motorcycle driver or a passenger may bring a claim for wrongful death. The basis of the claim is that someone else is at fault for the accident. Even if the motorcycle operator is at fault, their passenger may still have a claim.
Filing a Wrongful Death Lawsuit: Who Can File and When
In South Carolina, it’s the deceased person’s executor or administrator who files the wrongful death claim. But they’re not necessarily the person who benefits from the claim.
Beneficiaries of a wrongful death motorcycle accident claim may include the following:
- Spouse (wife or husband)
- Children
- Parents (if no spouse or children)
- Heirs (if no closer relatives)
The personal representative is the one who starts the case and the one who makes final decisions about the case. Often, this person is also a beneficiary, such as a spouse or child. But not always.
The law for who can file for wrongful death varies somewhat from state to state. Be sure to check the laws that apply to your case. A lawyer can help you evaluate if you qualify to file a wrongful death claim.
The Types of Compensation Available in a Wrongful Death Claim
Types of damages available for a fatal motorcycle accident include the following:
- Lost wages and future income
- Emotional support, companionship
- Caretaking, protection
- Guidance and counsel
- Medical bills and funeral bills
- Emotional anguish of losing a family member
- Exemplary damages (if punitive damages are appropriate to award in the case)
Some types of damages, such as medical bills and funeral expenses, can be appropriate to include in the wrongful death claim or a survival action. A lawyer can help you claim the appropriate damages for each type of claim.
Compensation is specific to the circumstances
In South Carolina, who the beneficiaries are for a motorcycle wrongful death claim determines what the compensation will be. Damages are paid to the beneficiaries based on the injury that resulted to them for the loss.
For example, a person with a close relationship with the victim will have a greater claim than someone whose relationship was not very strong. If a person financially relied on the victim or if the victim left minor children, the financial loss may be included in the claim. A lawyer can evaluate the possible value of your claim and explain how proceeds are distributed.
How Fault Is Determined in a Fatal Motorcycle Accident
The basis of any fatal motorcycle accident claim is fault. Motorcyclists have the same rights to be on the roads as all vehicle operators.
Other drivers must be aware of the possibility of smaller vehicles and look out for them.
Fault can be any act (or failure to act) that is negligence. Often, it’s a traffic violation. For example, cutting into the lane of a motorcyclist without failing to adequately check if the lane is clear can be at fault. Entering an intersection when the motorcyclist has the right of way can be a legal fault.
In South Carolina, the following apply:
- The party bringing the case must prove fault. That’s the executor or administrator in a wrongful death claim.
- Fault depends on the circumstances. What amounts to fault in one situation may be reasonable behavior in another.
- The actions of all parties are considered. Multiple parties may share fault and legal liability.
- Comparative negligence may reduce the amount of compensation, even in a wrongful death claim. South Carolina uses modified comparative negligence.
- Fault may be proven in a variety of ways. The deceased victim cannot testify, but the case may be made with accident analysis, other testimony, and tangible evidence.
Note: For motorcycle accident deaths, the party at fault may not always be obvious. For example, a unit of government may be liable for a poorly designed or maintained road. We invite you to talk to a lawyer to explore who may be liable in your case.
The Legal Timeline for Filing a Wrongful Death Claim in South Carolina
A wrongful death claim in South Carolina may be filed at any time after the death occurs. To start the case, you must identify the party at fault and prepare a summons and complaint. That can take some time, but there is no minimum amount of time that must pass before you can formally start your claim. However, you must start your claim within three years. The timeline begins at the victim’s death. If the defendant is a government agency, the timeline is shortened to two years.
Note: The timelines and procedures vary significantly in other states. The statute of limitations is different in many other states. Ask your lawyer for a personalized consultation.
Contact an Experienced Greenville Motorcycle Accident Lawyer
Have you lost a loved one? We are so sorry.
Bobby Jones Law handles wrongful death claims for motorcycle accidents. See what you may receive in compensation and how a lawyer can help. Call or message us now.
