After a Motorcycle Crash in the Midlands
Treatment comes first. Someone from your riding group or family can chase paperwork while you heal.
- Go with EMS. Call 911 and let the crew decide on transport. A broken wrist or internal bleeding may hide under adrenaline. Keep records of the ER, surgeries, road rash care and rehab.
- Get the report. Columbia Police, the Richland or Lexington County Sheriff's Department or the Highway Patrol may have worked it. Someone can call for the report number and a copy.
- Get it on camera. Road rash and stitches week by week, then the bike, the car, any gravel or oil on the asphalt, and your scuffed lid, jacket and boots.
- Leave the bike and gear alone. No quick repairs, no selling it for parts, no tossing a cracked lid.
- Hunt for video. A GoPro on a friend's bike may have caught it. Gas stations and shops along the road may have video.
- Hold off on signing. Many riders talk with a lawyer first.
Riding Around Columbia
Midlands riders deal with fast interstate traffic on I-26, I-20 and I-77, lane shifts in the Carolina Crossroads work zones near Malfunction Junction, and busy corridors like Two Notch, Garners Ferry and Broad River Roads. Weekend rides head out toward Lake Murray, Chapin and the country roads of Lexington County. Summer storms can make roads slick fast.
Time to File
Most personal injury claims in South Carolina must be filed within three years.1 The clock is for a lawsuit, and an open insurance claim doesn't stop it.2 If a city, county or state vehicle was involved, the claim generally must be filed within two years, or three years with a properly filed verified claim.4 Those claims can carry procedural hurdles and caps.3 The statewide motorcycle accident page has more.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Keeping Track of the Recovery
- One envelope or app folder for bills and appointment cards
- A weekly note on pain, sleep and what you couldn't do
- Missed shifts, overtime and side jobs you turned down
- Rides and trips you gave up while healing
Talk With Us
We don't begin by assuming the person on the bike caused it. Start with the road you were on and the moment the car turned, merged or stopped. If you hire us, the insurers can usually deal with us.
Our office is on King Street in Charleston. We take cases across South Carolina, including Columbia and the Midlands. The first conversation can happen by phone. If a tractor-trailer was involved, see Columbia truck accident claims.
South Carolina Law on This
- Most personal injury claims in South Carolina must be filed within three years.1
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.2
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.3
- Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years after the loss was or should have been discovered. A three-year deadline may apply if a qualifying verified claim was first filed under the Act.4
- South Carolina requires motorcycle riders and passengers under 21 to wear an approved helmet. Riders 21 and older are not required to wear one.5
- Not wearing a helmet does not automatically prevent an injured motorcyclist or bicyclist from bringing a claim in South Carolina. Whether helmet use affects a particular case depends on the circumstances, including the crash and the injuries involved.6
- Under South Carolina's modified comparative negligence rule, you can generally recover damages if your share of fault is not greater than the fault of the defendant or defendants. In a typical two-driver accident, that means you can recover if you are 50% or less at fault, which is often described as less than 51%. Your damages are generally reduced by your percentage of fault. If your fault is greater, recovery is generally barred under this rule.7
- South Carolina auto liability policies generally must include uninsured motorist coverage, and insurers must offer underinsured motorist coverage.8
Frequently Asked Questions
I wasn't wearing a helmet. Can I still recover?
The insurer says I was going too fast. Am I out?
Not necessarily. Under South Carolina's modified comparative negligence rule, your damages are generally reduced by your percentage of fault, and in a typical two-vehicle crash you can generally recover if you are 50% or less at fault. If your fault is greater, recovery is generally barred.7 More than one at-fault party can change the math.
Can I get the bike fixed now?
Wait until the damage is fully photographed. Gouges, bent forks and snapped levers can show how the hit happened. Tell the insurer before parts get tossed, and ask the tow yard how long it holds vehicles.
The driver who hit me barely has any insurance. What then?
South Carolina auto liability policies generally must include uninsured motorist coverage, and insurers must offer underinsured motorist coverage.8 Whether either pays here depends on your bike and car policies and the facts, so bring copies of both when you call.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
