When a Ride in Spartanburg County Ends in the ER
Treatment comes before everything else. Someone close to you can take over the report, the pictures and the phone calls.
- Get treated. For serious injuries, call 911 and go where EMS recommends. Some motorcycle injuries aren't obvious at first. Save the records from the ER, surgery, wound care and rehab.
- Get the report number. Highway Patrol often works interstate wrecks; town police or the Sheriff's Office cover other roads. A relative can call whoever responded.
- Pictures of you, the road and the gear. Your injuries as they heal, then the vehicles, pavement, skid marks, signals, and your helmet, jacket, gloves and boots.
- Freeze the evidence. A cracked lid or shredded jacket stays as it is. No rushed repairs, and no selling the bike for parts.
- Ask about cameras. Riding buddies may have helmet cams. Gas stations and shops along the route may have footage.
- Don't sign in a hurry. Many riders run papers past a lawyer first.
Where Riders Get Hurt Around Spartanburg
Weekend rides head north into the foothills on the Cherokee Foothills Scenic Highway and up I-26 past Campobello toward the mountains. Closer in, riders share Asheville Highway, Boiling Springs Road and Veterans Parkway with heavy commuter traffic. Winter ice on foothill bridges and summer storms add risk.
Deadlines for Filing
Most personal injury claims in South Carolina must be filed within three years.1 That limit is about filing suit, and an open file with an insurer doesn't hold it.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 Damage caps and special procedures may apply as well.4
Sorting out which one fits your crash is a question for a lawyer.
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 for hospital bills and pharmacy slips
- A weekly line or two about pain, sleep and what you couldn't manage
- Paychecks that came up short
- The rides and trips you had to skip
Talk With Us
We don't assume the rider caused it. First we want your version: where you were headed, what the driver did, what's broken. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including Spartanburg County. For brain or spine injuries and amputations, see catastrophic injuries in Spartanburg. If a big rig was involved, see truck crashes in Spartanburg, or read the statewide page on motorcycle accident claims.
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?
The trooper's report puts some blame on me. Is that the end of it?
Not necessarily. South Carolina uses a modified comparative negligence rule. Against one defendant, a rider generally can recover if 50% or less at fault, with the award cut by that share. Past 50%, recovery is generally barred.7 Add a second driver or a trucking company and the math can change.
Should I get the bike fixed?
Wait until every scrape, dent and snapped lever has been photographed, since they can show the angle and force of the hit. Tell the insurer before any parts get tossed. If a tow yard on the west side has the bike, ask how long they'll keep it.
The driver who hit me carries almost no insurance. Now what?
South Carolina auto liability policies generally must include uninsured motorist coverage, and insurers must offer underinsured motorist coverage. That coverage may help when the at-fault driver has none or too little, depending on the policies, vehicles and facts.8 Have your motorcycle and car policies ready when you talk to a lawyer.
Can I start by phone from Spartanburg?
The first conversation can happen by phone. Our office is on King Street in Charleston.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
