What to Do After a Motorcycle Crash in Greenville
Treatment comes first. A riding buddy or relative can handle the report, photos and calls while you are in the hospital.
- Let EMS take you in. Dial 911 and go where the paramedics recommend, even if adrenaline is masking the pain. Road rash, fractures and internal injuries all need records, so keep the paperwork from the ER, the operating room and rehab.
- Get the report number. Ask whether the Greenville Police Department, the Sheriff's Office, a town department or the Highway Patrol worked the crash, and how to get a copy.
- Pictures of the scene and the gear. Road rash and fractures through healing, the car that turned in front of you, loose gravel or tar snakes, and the scuffed helmet, jacket, gloves and boots.
- Don't let the bike disappear. Hold off on repairs and don't let it be sold for parts. Keep the cracked helmet and torn jacket.
- Check for video. Riding partners may have helmet or dash cameras. Gas stations and shops nearby may have their own.
- Pause before signing. Many riders talk to a lawyer first.
Where Riders Get Hurt Around Greenville
In town, left-turning cars on Wade Hampton Boulevard, Laurens Road and Woodruff Road are a constant risk. On I-85, heavy truck traffic mixes with commuters. North of the city, the steep, winding climb to Caesars Head and the Cherokee Foothills Scenic Highway draw riders on weekends, where blind curves, wet leaves and gravel can catch a driver crossing the center line.
How Long You Have to File
Most personal injury claims in South Carolina must be filed within three years.1 The limit is for filing in court, and an open claim with an insurer doesn't stop it.2
Lawsuits under the Tort Claims Act generally must be filed within two years, or three years after a qualifying verified claim.4 Damage caps and other special rules may also apply to government claims.3
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Keeping Track of Recovery
- A shoebox or binder for medical bills and appointment slips
- A few lines each Sunday about pain, sleep and chores you had to skip
- Paychecks that came up short and shifts you couldn't cover
- The mountain rides, rallies and trips that went on without you
See our statewide motorcycle accident page. If a tractor-trailer was involved, see truck crashes in Greenville.
Talk With Us
Plenty of people hear "motorcycle" and blame the rider. We don't. Tell us where you were headed, what the other driver did and how your body is holding up.
Our office is on King Street in downtown Charleston. The first conversation can happen by phone. We take cases across South Carolina, including Greenville and the Upstate. If you hire us, the insurers can usually deal with us.
Call us and walk us through the crash.
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 bring a claim?
The driver says I was going too fast. Can I still recover?
Possibly. Under South Carolina's modified comparative negligence rule, damages are generally reduced by your percentage of fault, and you can generally recover if you are 50% or less at fault. If your fault is greater, recovery is generally barred.7
The driver had little or no insurance. Is there anything else?
South Carolina auto liability policies generally must include uninsured motorist coverage, and insurers must offer underinsured motorist coverage.8 Whether it applies depends on your policies and the facts, so bring your motorcycle and car policies to the call.
Should I get the bike fixed?
Wait until every scrape and bent part has been photographed, since the damage can show the angle and force of the hit. If the bike is at a tow lot, ask how long they will hold it.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
