After the Crash
The ambulance and the ER come before anything else. Follow what EMS and the doctors tell you, since some injuries take a while to show, and keep every bill and record from surgery through rehab.
While you heal, a riding buddy or family member can do the legwork. They can call whichever department worked the wreck for the report number. They can photograph your road rash and bruising every few days, and the bike, the asphalt, any skid marks and the light at the intersection. Your helmet, jacket, gloves and boots should go in a closet, damaged as they are. Ask the group you rode with whether anyone had a GoPro or dash camera running, and note gas stations or shops along the stretch that might have video.
If an insurer sends papers, many riders read them with a lawyer before signing.
Riding on the Grand Strand
Ocean Boulevard and Kings Highway carry slow cruising traffic, turning cars and people crossing to the beach. Spring and fall motorcycle rallies and Memorial Day weekend bring heavy bike traffic to the Strand, mixed in with rental cars and drivers who don't know the roads.
Filing Deadlines
Most injury claims in South Carolina must be filed within three years.1 That's a court deadline, and an open insurance claim won't stop it.2 When a state or local government entity is responsible, suit generally has to come within two years, or three after a properly filed verified claim.3 Special rules and caps on damages may also apply.4
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Helmets and Shared Fault
Riders and passengers under 21 must wear an approved helmet in South Carolina.5 Going without one doesn't by itself end a claim.6 If you share some blame, your recovery may shrink, and above 50% it's generally barred when there's one defendant.7
Tracking Recovery
A shoebox for receipts and a few lines in a notebook every Sunday go a long way: how you slept, what hurt, which shifts you missed, which rides you sat out.
Our statewide motorcycle crash page has more.
Talk With Us
Some people hear "motorcycle" and decide the rider must have been at fault. We don't. Tell us where you were headed, what the other driver did and how you're healing. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including Myrtle Beach and the Grand Strand. Our office is on King Street in Charleston. The first conversation can happen by phone.
For head injuries, see brain injuries in Myrtle Beach.
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?
What if I was partly at fault?
You may still recover. Under the modified comparative negligence rule, with one defendant a rider generally can recover at 50% fault or less, with the award reduced by that share, and is barred above 50%.7 More parties can change the math.
Should I get the bike fixed right away?
Not before it's been photographed from every side. The gouges, bent bars and cracked fairings help show how the impact happened. Let the insurer know before anything gets scrapped, and find out how long the tow lot will keep it.
The driver had little or no insurance. Is there anything else?
There may be. Your own coverage could step in. South Carolina auto policies generally must include uninsured coverage, and insurers must offer underinsured coverage.8 Bring your bike and car policies so a lawyer can look.
I came for a rally and live out of state. Can we still talk?
Yes. You don't have to stay in South Carolina for us to talk, and you can keep treating with your doctors at home.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
