After a Motorcycle Crash on Johns Island
Treatment comes first. A relative or riding partner can handle the report, the photos and the calls.
- Get care right away. Call 911 and follow EMS advice on going to the hospital. Some injuries don't show up at first. Save the paperwork from the ER, the operating room, wound care and therapy.
- Track down the report. A riding buddy or relative can call the responding agency for the number and request a copy.
- Photograph everything. Your injuries as they heal, then the vehicles, the road surface, the shoulder or lack of one, gravel or sand, skid marks and where the bike ended up.
- Keep the bike and gear as they are. Don't throw out a cracked helmet or torn jacket, and don't let the bike be repaired or parted out yet.
- Look for video. Ask riding partners about helmet or dash cameras, and note homes, gas stations or neighborhood entrances that may have cameras.
- Sign nothing yet. Lots of riders run insurer forms past a lawyer before signing.
Riding the Island
Maybank Highway, River Road and Bohicket Road draw riders for the live oaks and the run toward Kiawah and Seabrook. They also carry heavy commuter traffic, work trucks turning into job sites and drivers pulling out of new neighborhoods. Sand and gravel near construction entrances and narrow shoulders leave a rider little room.
How Long You Have
Most South Carolina injury claims must be filed within three years.1 The limit is for a lawsuit, and an open insurance claim does not stop it.2
Claims against a state or local government body generally have two years, though a properly filed verified claim may extend that to three years.3 Special procedures and damage caps may also apply.4 A lawyer can explain how this fits your crash. The statewide page covers motorcycle accident claims in South Carolina.
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
- Keep bills, receipts and appointment cards together.
- Once a week, jot a few lines about pain, sleep and what you couldn't manage.
- Log the shifts, overtime and side jobs you lost.
- Note the rides and trips you gave up.
Talk With Us About What Happened
We don't assume the rider was at fault. First we want your version: the ride, the wreck and what it did to you. If you hire us, the insurers can usually deal with us.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Johns Island. The first conversation can happen by phone.
If you hit your head, see brain injury claims. If a dump truck or work truck was involved, see Johns Island truck crashes.
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 wasn't wearing a helmet. Can I still recover?
South Carolina generally requires riders and passengers under 21 to wear an approved helmet, and riders 21 and older are not required to by state law.5 Riding without one does not automatically keep you from bringing a claim. How helmet use affects a case depends on the facts, including the injuries.6
The driver says I share the blame. Does that end my claim?
Not necessarily. South Carolina follows a modified comparative negligence rule. With one defendant, a rider whose share of fault is 50% or less generally may recover, reduced by that share. A rider more than 50% at fault is generally barred.7 When more than one driver or company is involved, the math can change.
Should I get the bike fixed right away?
Hold off until every scrape and dent has been photographed. The marks on the tank, forks and pegs can help show how the bike was hit. Tell the insurer before any parts are tossed, and if the bike is at a tow yard, ask how long they will keep it.
The driver who hit me had very little insurance. What else might help?
When the at-fault driver carries no insurance or too little, UM or UIM coverage may step in. South Carolina generally requires uninsured motorist coverage, while underinsured coverage is optional.8 Whether it applies depends on the policies and the facts, so gather your motorcycle and auto policies.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
