First Steps After a Motorcycle Crash in North Charleston
Care comes first. Let family handle the rest.
- Call 911. Go where EMS says.
- Some injuries show up later.
- Keep ER, surgery and rehab records.
- Get the report number.
- Photograph road rash as it heals.
- Photograph the helmet, jacket, gloves, boots.
- Don't toss cracked gear.
- No quick repairs. No parting out.
- Ask riding buddies about helmet cams.
Riding in North Charleston
North Charleston riders deal with left-turners crossing Rivers Avenue, Ashley Phosphate Road and Dorchester Road, container trucks rolling to and from the port, and tight merges on the I-26 and I-526 ramps. Freight trains still cross Rivers Avenue, and those tracks are rough on two wheels. Note the exact spot and your direction of travel.
South Carolina Law on Motorcycle Crashes
Time to File
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, and negotiating with an insurance adjuster does not stop it.2 Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years, and 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 could face caps on damages under the Tort Claims Act, depending on the facts of the case.4
Helmets, Fault and Coverage
South Carolina requires motorcycle riders and passengers under 21 to wear an approved helmet.5 Under the modified comparative negligence rule, your damages are generally reduced by your percentage of fault, and recovery is generally barred if you are more than 50% at fault in a typical two-driver accident.6 South Carolina auto liability policies generally must include uninsured motorist coverage, and insurers must offer underinsured motorist coverage.7
More on motorcycle crash 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.
Keep a Recovery Log
- Bills and appointment cards, one place.
- Weekly notes on pain and sleep.
- Missed shifts and lost overtime.
- Rides and trips you gave up.
Talk With Us
We don't start by blaming the rider. Tell us about the ride and the crash. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including North Charleston. Our office is on King Street in downtown Charleston. Tangled with a big rig? Our North Charleston truck crash page covers that.
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
- 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.6
- South Carolina auto liability policies generally must include uninsured motorist coverage, and insurers must offer underinsured motorist coverage.7
- 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.8
Frequently Asked Questions
No helmet. Can I still recover?
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 in South Carolina. Whether helmet use affects a particular case depends on the circumstances, including the crash and the injuries involved.8
The driver says I was partly to blame. Can I still recover?
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, and your damages are generally reduced by your percentage of fault. If your fault is greater, recovery is generally barred under this rule.6
Should the bike go to the shop right away?
Not before photos. Dents and scrapes show angle and force. Loop in the insurer first. Ask the tow yard how long it holds bikes.
The driver had hardly any insurance. Is there anything else?
South Carolina auto liability policies generally must include uninsured motorist coverage, and insurers must offer underinsured motorist coverage.7 Whether either applies depends on your policies and the facts. Dig out your bike and car policies.
Do I have to come downtown to talk?
The first conversation can happen by phone. Our office is on King Street in downtown Charleston, south of North Charleston by way of I-26 or Rivers Avenue. We can also come to you, whether that's a hospital room, your home or another place that's easier.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
