What to Do After a Motorcycle Crash in South Carolina
Medical care comes first. Someone close to you can take over the report, the photos and the calls while you're being treated.
- Get prompt medical care. Call 911 for serious injuries or emergencies, and follow EMS recommendations about transportation and evaluation. Some motorcycle injuries may not be immediately apparent. Keep records of emergency care, follow-up appointments, surgery, wound treatment, and rehabilitation.
- Get the report. A family member can call the agency that responded for the report number and a copy.
- Photograph your injuries, the scene and your gear. Photograph your injuries as they heal. Someone can photograph the vehicles, the road surface, skid marks, traffic signals, and your helmet, jacket, gloves and boots.
- Keep the bike and gear as they are. Don't toss a cracked helmet or torn jacket. Don't rush repairs or let the bike be sold for parts.
- Look for video. Ask riding partners about helmet or dash cameras. Note any shops, gas stations or homes nearby that may have cameras.
- Take your time before you sign anything. Many riders talk to a lawyer first.
How Long You Have to File
Most personal injury claims in South Carolina must be filed within three years.1 The deadline is for filing a lawsuit in court, and an open claim with an insurance company does not stop it.2
Claims against South Carolina state or local government entities generally must be filed within two years, although a properly filed verified claim may extend the deadline to three years.3 Special procedural rules and limits on damages may also apply.4
A lawyer can explain how this works for you.
Tracking Your Recovery
- Keep every bill, receipt and appointment card in one place.
- Write a short note each week about pain, sleep and what you couldn't do.
- Track missed shifts, lost overtime and jobs you had to turn down.
- Note the rides, trips and weekends you gave up while you healed.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
We don't start from the idea that the rider was to blame. We begin by hearing your account of the ride, the crash and your injuries. If you hire us, the insurers can usually deal with us. We talk with you.
The firm is based in Charleston and takes motorcycle accident cases across South Carolina. Brain injuries, spinal injuries and amputations change the picture; see our page on life-changing catastrophic injuries. If the crash involved a large truck, see our page on crashes with commercial trucks.
Tell us how the crash happened, and we can go over it with you.
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
Can I recover compensation if I wasn't wearing a helmet?
South Carolina generally requires motorcycle riders and passengers under 21 to wear approved helmets. Riders 21 and older are not required by state law to wear one.5 Not wearing a helmet does not automatically prevent an injured motorcyclist from bringing a claim. Whether helmet use affects a particular case depends on the circumstances, including the injuries involved.6
Can I recover compensation if I was partly responsible for the motorcycle crash?
Possibly. South Carolina follows a modified comparative negligence rule. In a case involving one defendant, an injured rider generally may recover damages if the rider's share of fault is 50% or less, although the recovery is reduced by that percentage. If the rider is more than 50% responsible, recovery is generally barred.7 Different considerations may apply when multiple parties are involved.
Should I get my motorcycle repaired right away?
It can help to wait until the damage has been photographed. Scrapes, dents and broken parts can show the angle and force of the impact. It also helps to let the insurer know before any parts are thrown away. If the bike is at a tow yard, ask how long it will be held.
What if the other driver doesn't have enough insurance?
Uninsured motorist (UM) or underinsured motorist (UIM) coverage may provide additional compensation when the responsible driver has no insurance or insufficient coverage. South Carolina generally requires UM coverage, while UIM coverage is optional.8 Whether coverage applies depends on the policies, vehicles, and circumstances. Bring copies of your motorcycle and automobile insurance policies for review.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
