Can You Sue a Government Agency for Causing a South Carolina Motorcycle Accident?
Negligent drivers come in all forms. Some drive private vehicles, while others operate ambulances, fire trucks, and even police cars. If your motorcycle accident was caused by a government vehicle, you have every right to pursue compensation. However, this process may be slightly more challenging compared to a normal motorcycle injury claim in South Carolina.
Police Vehicle Strikes Motorcyclist at 49 Miles Per Hour
Police vehicles strike motorcyclists in South Carolina on a fairly regular basis. In April of 2024, it was reported that a Laurens County Deputy had struck a motorcyclist in Enoree. The motorcyclist was apparently traveling down Route 221 when he attempted to turn into a driveway. The approaching deputy then tried to veer around the motorcyclist at about 49 miles per hour. The movement brought the police vehicle directly into the path of the turning motorcyclist, and a collision occurred.
According to eyewitnesses, this collision threw the motorcyclist into a mailbox. The impact also broke his leg and totaled his Harley-Davidson. In addition, witnesses reported that the police vehicle was traveling at an excessive rate of speed before the accident, and that it did not have its lights or sirens activated. In contrast, the motorcyclist had apparently engaged his turn signals long before attempting the turn.
Can You Sue a Government Agency for a Motorcycle Crash?
Like a private individual, an employee of a government agency is liable for recklessness behind the wheel. If a government employee driving a state-owned vehicle causes your motorcycle accident, you should have the right to sue.
Unique laws apply to this situation. South Carolina explains when and how you can sue government agencies in its Tort Claims Act. Reckless driving by a police officer or deputy certainly falls within the scope of the Tort Claims Act. However, there are many exceptions that allow government agencies to avoid liability for injuries. To pursue legal action in an effective manner, you may need to speak with a personal injury lawyer in South Carolina.
Settling Out of Court for a Motorcycle Accident Caused by a Police Car
You should know that going to court is often unnecessary in this situation, as police departments are likely to settle your claim out of court. This is because they usually wish to preserve their reputation in the community. As a safety-focused organization, a police department will undoubtedly attempt to keep reckless driving allegations out of the public sphere. Because of these incentives, you may have an advantage during settlement negotiations.
Work with a Qualified Motorcycle Accident Lawyer in South Carolina
Regardless of who caused your motorcycle accident in South Carolina, you should always explore your legal options for compensation. An injury claim can provide you with the funds you need to cover your medical bills, missed wages, and non-economic damages. Reach out to the Charleston motorcycle accident lawyers at Mickelsen Dalton, LLC today to take decisive legal action.
Sources:
fitsnews.com/2024/04/15/south-carolina-deputy-collides-with-hells-angel-in-traffic-accident/
scstatehouse.gov/code/t15c078.php
