3 FAQs About Filing a Motorcycle Wreck Claim

August 24, 2022
motorcycle parked on street

Motorcycle wrecks are often devastating for the riders and their passengers. Unlike cars, trucks, and SUVs, motorcycles don’t have any kind of crumple zone. Consequently, those who ride them are incredibly vulnerable in the event of a collision.

Thankfully, victims who were hurt are usually entitled to compensation. Before they can pursue it, though, they must put together a compelling personal injury claim.

If you’re wondering what that entails, read on. Here are the answers to a few of the most frequently asked questions on the subject:

1. How Do You Prove Liability for a Motorcycle Accident?

When putting together your case, the strongest proof of liability will inevitably come down to the circumstances surrounding the crash. There are a few pieces of evidence, however, that you’ll likely need regardless of the situation. These include photographs of the wreckage, eyewitness testimony, nearby surveillance, helmet cam footage, and black box or ECM data.

Toxicology reports, cell phone records, and/or vehicle maintenance logs may also come in handy, depending on the underlying cause of the collision. If you’re unsure how to obtain any such evidence, don’t worry; a resourceful personal injury attorney can help.

2. What Kinds of Damages Can You Include in a Motorcycle Wreck Claim?

Under South Carolina tort law, personal injury claimants are entitled to seek compensation for both monetary and non-monetary losses. Generally speaking, they can include all the damages they wouldn’t have incurred had they not gotten hurt in their claim. The most common recoverable damages include:

  • Medical expenses,
  • The cost of reasonable and necessary replacement services,
  • Lost wages,
  • Lost earning capacity,
  • Objectively verifiable expenses stemming from the injuries,
  • The cost of any property repairs,
  • Pain and suffering,
  • Depression,
  • Anxiety,
  • Disfigurement,
  • Sexual dysfunction,
  • Psychological trauma,
  • Diminished quality of life, and
  • Mental anguish.

Keep in mind, however, that you must prove you actually incurred these damages in order to include them in your claim. As such, it’s imperative to preserve all associated documentation, including receipts, estimates, and invoices.

3. How Long Do I Have to File a Motorcycle Wreck Claim?

Every state has strict filing deadlines for tort actions. That means if your claim proves impossible to settle, you’re going to have a limited amount of time to take the at-fault party to court.

South Carolina’s typical statute of limitations for personal injury suits—including those involving motorcycle accidents—is three years from the date on which the cause of action occurred. If the defendant will be a government entity, however, the deadline is much shorter.

Discuss Your Claim with a Motorcycle Accident Attorney in South Carolina

Were you hit by a reckless driver while riding your motorcycle? For help navigating every stage of the subsequent proceedings, turn to Hodge & Langley Law Firm.

Our tireless team is backed by more than a half century of collective experience in the legal field. To schedule your free case review with one of our motorcycle accident lawyers in South Carolina, fill out the Contact Form on our website or call 864-585-3873.



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