No words adequately describe the pain of losing a loved one in a motorcycle accident caused by a negligent driver. When a car driver’s carelessness takes a motorcyclist’s life, families face overwhelming grief while trying to understand what happens next and how to seek justice.
South Carolina law provides families two paths to hold drivers accountable: criminal charges through the state and civil wrongful death claims. Understanding both options helps families pursue justice while protecting their financial future.
The Thumbs Up Guys represent Charleston families who’ve lost motorcyclists to driver negligence. We fight for accountability and fair compensation while families focus on grieving and healing.
Key Takeaways for Fatal Motorcycle Accident Liability
- Criminal charges punish drivers through the justice system, while wrongful death and survival action claims compensate families and estates for losses.
- Families may pursue civil claims even when prosecutors don’t file criminal charges against the driver.
- South Carolina generally allows 3 years from the date of death to file; government claims can have much shorter notice deadlines and damages caps.
For a free legal consultation, call (843) 380-8350
How Car Drivers Cause Fatal Motorcycle Accidents
Driver negligence commonly leads to motorcyclist deaths in predictable scenarios. Understanding how these fatal accidents happen helps establish driver liability.
Left-Turn Fatalities at Charleston Intersections
A common fatal motorcycle accident involves drivers turning left across intersections directly into oncoming motorcycles’ paths. SC Code § 56-5-2320 requires drivers making left turns to yield to vehicles approaching from the opposite direction.
Drivers who turn left without yielding violate this law. The impact often suggests the motorcycle had right-of-way, subject to the evidence at the scene. The driver’s failure to see an approaching motorcycle in plain view is commonly treated as negligent when a proper lookout would have revealed the motorcycle.
Common Fatal Accident Scenarios
Charleston motorcycle fatalities involve several recurring patterns of driver negligence:
- Left-turn violations, where drivers turn across oncoming motorcycles at intersections
- Distracted driving, where phone use causes drivers to miss seeing motorcycles
- Failure to yield at stop signs, red lights, or when merging
- DUI accidents where impaired drivers cause fatal collisions
- Unsafe lane changes forcing motorcycles off roads or into other vehicles
SC Code § 56-5-3890 prohibits texting while driving. When fatalities are involved, prosecutors rely on other statutes such as reckless driving or DUI-related offenses if the facts support them.
Cell phone records obtained through legal discovery help prove distraction at the moment of collision.
Criminal vs. Civil Liability: Two Paths to Justice
Families have two separate legal paths to hold negligent drivers accountable.
Criminal vs. Civil Cases in Fatal Motorcycle Accidents
| Aspect | Criminal Case | Civil Wrongful Death Case |
| Who Brings Case | State prosecutor | Family through Personal Representative |
| Burden of Proof | Beyond reasonable doubt | Preponderance of evidence |
| Purpose | Punish driver, protect society | Compensate family for losses |
| Outcome | Jail, probation, fines to state | Money damages to family and estate |
| Family Control | None (prosecutor decides) | Complete (family decides) |
| Timeline | 6 months – 2 years typically | 1-3 years typically |
What Criminal Charges Drivers May Face
Criminal cases are brought by state prosecutors, not families. Depending on the facts, prosecutors may pursue felony DUI resulting in death, reckless homicide, involuntary manslaughter, or related traffic offenses. Charges are selected based on circumstances like impairment levels, recklessness, or prior record.
How Wrongful Death Civil Claims Work
South Carolina’s Wrongful Death Act found in SC Code § 15-51-10 through § 15-51-80 allows families to sue drivers whose negligence caused death. A probate court must appoint a Personal Representative for the estate. Without a court-appointed Personal Representative, the family cannot file claims or sign a binding settlement.
South Carolina generally allows three years from the date of death to file wrongful death lawsuits. Shorter notice deadlines apply to claims involving government entities. Insurance negotiations do not stop this clock, making early legal review critical.
Survival Action vs. Wrongful Death
Most fatal motorcycle cases include two claims. A wrongful death claim compensates the family for losses including lost income, companionship, and guidance. A survival action covers the motorcyclist’s pre-death damages, including medical bills, conscious pain, lost wages up to death, and property damage.
By statute, wrongful-death proceeds are paid to the spouse and children, or if none, the parents, then the heirs; survival-action proceeds are paid to the estate and can be subject to valid creditor claims.
Wrongful death damages include: lost financial support and benefits, loss of companionship and guidance, mental anguish, and funeral and burial expenses.
Survival action damages include: pre-death medical bills, conscious pain and suffering, lost wages up to death, and property damage.
Punitive damages may be available for egregious conduct.
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Proving Driver Fault in Fatal Motorcycle Accidents
Establishing driver liability requires evidence showing the driver’s negligence caused the motorcyclist’s death. Fatal motorcycle cases need comprehensive evidence proving what the driver did wrong and how those actions led to the fatal collision:
Critical evidence in fatal motorcycle cases:
- Police accident reports with officer fault determinations
- Witness statements describing driver actions before the collision
- Cell phone records proving distraction at the time of the accident
- Traffic citations issued to the driver
- Surveillance or dash cam video footage
- Toxicology reports showing impairment
South Carolina uses modified comparative fault. If the defense argues the rider was partly at fault, your recovery is reduced by that percentage, and recovery is barred only if fault exceeds 50%. Preserving objective evidence early helps to defend against inflated fault claims.
The Role of Accident Reconstruction Experts
Depending on the facts of your case, your attorney may hire accident reconstruction experts. Accident reconstruction experts analyze physical evidence to determine exactly how fatal accidents occurred. These specialists examine skid marks, debris patterns, vehicle damage, and road conditions. They calculate vehicle speeds, impact angles, and sight distances.
Reconstruction experts analyze whether drivers had time and space to avoid collisions. They create computer simulations for jury presentations. The Thumbs Up Guys work with experienced accident reconstruction experts who strengthen liability proof in Charleston fatal motorcycle cases.
All Potential Coverage Matters
We identify every source of recovery, including at-fault driver policies, uninsured and underinsured motorist coverage on the rider’s household policies, and employer liability if the driver was on the job. Government defendants have special notice rules and damage caps requiring immediate attention.
The Thumbs Up Guys handle all insurance communications while families grieve. We investigate available coverage, prove the complete value of your losses, and negotiate from positions of strength. We work on contingency, meaning no upfront costs and no fees unless we recover compensation.
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FAQ for Fatal Motorcycle Accident Cases
What Happens to the Driver Who Killed My Family Member?
Criminal prosecution is decided by state prosecutors, not families. Drivers may face charges ranging from traffic violations to felony charges depending on circumstances. Even without criminal charges, families may pursue civil wrongful death and survival action claims. Criminal and civil cases are separate—families have control over civil claims regardless of criminal outcomes.
How Long Do We Have to File a Wrongful Death Lawsuit?
South Carolina generally allows three years from the date of death to file wrongful death lawsuits. Shorter notice deadlines apply to claims involving government entities. Insurance company negotiations don’t pause the statute of limitations. Early legal consultation protects your rights and helps you meet all applicable deadlines.
Does Pursuing a Lawsuit Dishonor My Loved One’s Memory?
No. Accountability honors your loved one and protects other families from similar tragedies. Holding negligent drivers accountable demonstrates that motorcyclists’ lives matter and that negligence has consequences. Civil justice also provides the financial support your family needs for the future.
Seek Justice for Your Family
When car drivers’ negligence causes motorcyclists’ deaths, families deserve both accountability and compensation. Criminal charges punish drivers through the justice system. Wrongful death and survival action claims provide families and estates the compensation needed for their futures.
The Thumbs Up Guys represent Charleston families who’ve lost loved ones to driver negligence. We pursue justice while you focus on grieving and healing.
Call The Thumbs Up Guys at (843) 749-8505 for a compassionate, free consultation. We evaluate your legal options, explain the process clearly, and fight for accountability and fair compensation. You pay nothing upfront while we pursue justice for your family. Contact us today.
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