The identity of the motorcyclist who tragically lost his life in an accident on Friday night has been released by the Berkeley County Coroner's Office.
The deceased individual has been identified as 46-year-old Ross Sellers, a resident of Cross. The incident occurred at approximately 8:45 p.m. on June 30, 2023, along SC Highway 311 in the town of Cross, as confirmed by Master Trooper Brandon Bolt.
Sellers, who was the sole occupant of the motorcycle, was traveling eastbound on SC Highway 311 when he veered off the roadway and entered a ditch on the right-hand side. Notably, no other vehicles were involved in the collision.
Highway patrol authorities are currently conducting an investigation into the cause of the crash.
Can a Passenger of a Motorcycle Bring a Lawsuit for Injuries in South Carolina?
Now, let's hypothetically suppose that the driver of a motorcycle in a tragic accident has a passenger on the back. What then? Does the passenger have legal recourse?
Well, in this section, we will explore the legal rights of motorcycle passengers in South Carolina and provide valuable information to help you understand your options.
Understanding Liability in Motorcycle Accidents
When it comes to determining liability in a motorcycle accident, South Carolina follows the rules of comparative negligence. This means that fault can be apportioned between multiple parties involved in the accident, including the motorcycle rider, other drivers, and even the passenger.
Rights of Motorcycle Passengers in South Carolina
As a motorcycle passenger, you have the right to seek compensation for your injuries if the accident was caused by someone else's negligence. This includes filing a personal injury lawsuit against the responsible party or parties.
Filing a Lawsuit as a Motorcycle Passenger
To bring a successful lawsuit as a motorcycle passenger in South Carolina, you will need to establish the following elements:
- Duty of Care: You must prove that the party being sued owed you a duty of care. For example, if the motorcycle operator was responsible for your safety as a passenger, they owed you a duty of care.
- Breach of Duty: You must show that the responsible party breached their duty of care. This could include acts of negligence such as speeding, reckless driving, or failure to obey traffic laws.
- Causation: You need to establish a causal connection between the breach of duty and your injuries. In other words, you must demonstrate that the negligence of the responsible party directly led to the accident and your subsequent injuries.
- Damages: Finally, you must prove that you suffered actual damages as a result of the accident. This can include medical expenses, lost wages, pain and suffering, and other related costs.
Seeking Legal Representation
If you have been injured as a passenger in a motorcycle accident, it is essential to seek legal representation from an experienced personal injury attorney. They can assess the details of your case, gather evidence, and guide you through the legal process, ensuring your rights are protected.
Remember, the statute of limitations in South Carolina imposes a time limit for filing a personal injury lawsuit. Therefore, it is crucial to act promptly to protect your legal rights.