What to Do After a Motorcycle Crash Near Hilton Head
Get to the hospital first. A spouse or riding buddy can take on the report, the photos and the phone calls.
- Emergency care. Call 911 and go where EMS recommends. Road rash, a broken pelvis or a head injury may not show right away. Keep records of every surgery, wound check and rehab session.
- Report number. On the island it will likely come from a Beaufort County deputy or a state trooper; in Bluffton it may be the town's police.
- Pictures. Your injuries as they heal, then the car, the pavement, any skid marks, the signal and your helmet, jacket, gloves and boots.
- Leave the gear alone. Don't throw away the cracked helmet or shredded jacket, and don't let the bike get parted out.
- Footage. Ask riding partners about helmet or dash cams, and note gas stations and shops along the parkway with cameras.
- Signatures can wait. Many riders get their questions answered by a lawyer first.
Where Riders Get Hurt Around Hilton Head
US-278 funnels every vehicle onto and off the island, and summer backups on Fording Island Road mean sudden stops and lane changes. On the island, drivers in rental cars turn left across a rider's path into gates and shopping-center entrances. Heading north, Okatie Highway and the roads toward Beaufort draw weekend riders, and I-95 near Hardeeville brings heavy truck traffic and work zones.
How Long You Have to File
Most personal injury claims in South Carolina must be filed within three years.1 Simply opening a claim with an insurance company does not stop the statute of limitations from running.2 Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years, though a three-year deadline may apply after a qualifying verified claim.3 There could also be caps on damages, depending on the facts.4
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Keeping Track While You Heal
- A shoebox or folder for the medical bills and receipts
- Sunday-night notes on pain, sleep and chores you had to skip
- Missed shifts, lost overtime and jobs you passed on
- The rides and trips you sat out
Talk With Us
Riders get blamed by default sometimes; we don't do that. Tell us how the ride went, what the other driver did and where your recovery stands. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including Hilton Head, Bluffton and the rest of southern Beaufort County. Our office is on King Street in Charleston. The first conversation can happen by phone. For the statewide view, see South Carolina motorcycle accident claims. If a semi was involved, see truck crashes near Hilton Head.
Ring 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
- 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.3
- 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.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 ride without a helmet. Can I still bring a claim?
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 from bringing a claim, though the crash and the injuries can affect how it plays out.6
The driver claims I was speeding on the Cross Island Parkway. Does that sink my claim?
Not necessarily. Under South Carolina's modified comparative negligence rule, a rider facing one defendant can generally recover if 50% or less at fault, with the award reduced by that share. More than 50%, and recovery is generally barred.7 Things can differ with several parties.
The bike is at a tow lot in Bluffton. Should I fix it?
Hold off. Bent forks, a cracked fairing and gouges in the tank can show how hard and from what direction the car came, so get it all on camera first. Tell the insurer before any parts get scrapped, and find out how many days the lot keeps bikes.
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 either one helps depends on your policies and the vehicles involved, so pull your bike and car policies.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
