What to Do After a Motorcycle Crash Around Summerville
Treatment first. While you are in the hospital, someone you trust can handle the report, the pictures and the phone calls.
- Call 911 and let EMS decide where you go. Some injuries show up later, so keep records of the ER visit, surgery, wound care and rehab.
- Get the report number. A family member can ask the agency that responded, whether that was Summerville police, a sheriff's office or the Highway Patrol.
- Photograph injuries as they heal. Someone can also shoot the vehicles, the pavement, skid marks, signals and your helmet, jacket, gloves and boots.
- Leave the bike and gear alone. Keep a cracked helmet or shredded jacket, and don't let the bike be sold for parts.
- Ask about video. Riding partners may have helmet cams. Gas stations, shops and homes near the spot may have cameras.
- Wait before signing anything. Many riders talk to a lawyer first.
Riding Around Summerville
Ashley River Road draws riders for its live oaks, but its narrow lanes and trees at the pavement's edge leave little room when a driver drifts over. Riders also deal with left-turning cars on North Main Street and Dorchester Road, heavy truck traffic on I-26, and the two-lane county roads out toward Ridgeville and Jedburg.
How Long You Have
In South Carolina, most injury lawsuits must be filed within three years.1 That limit applies to a lawsuit, so an open insurance claim does not stop it.2
Suits against state or local government entities generally must be filed within two years, though a properly filed verified claim may extend that to three years.3 Extra procedures and damage caps may also apply.4 A lawyer can tell you how this works in your case.
More is on our statewide page about South Carolina motorcycle crashes.
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
Keep every bill and appointment card in one place. Once a week, note your pain, your sleep and what you couldn't do. Write down missed shifts and overtime, and the rides and trips you gave up.
Talk With Us
We don't assume the rider was to blame. We start with your account of the ride, the crash and your injuries. 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 Summerville. If a tractor-trailer was involved, see truck crashes around Summerville.
Call us, and we can go over the crash 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 we talk without me riding or driving downtown?
Yes. The first conversation can happen by phone. Our office is on King Street in downtown Charleston.
I wasn't wearing a helmet. Can I still recover?
South Carolina requires motorcycle riders and passengers under 21 to wear an approved helmet, and riders 21 and older are not required to wear one.5 Riding without a helmet does not automatically stop a motorcyclist from bringing a claim, though it may matter depending on the crash and the injuries.6
The driver says I was going too fast. What if I was partly at fault?
You may still recover. Under South Carolina's modified comparative negligence rule, a rider facing one defendant can generally recover if the rider's share of fault is 50% or less, with the award reduced by that share. Above 50%, recovery is generally barred.7 Things can work differently with several parties involved.
When can I get the bike fixed?
Waiting until the damage is photographed can help, since scrapes, dents and broken parts can show the angle and force of the hit. Let the insurer know before any parts are scrapped. If a tow yard has the bike, ask how long it will keep it.
The driver had little or no insurance. What then?
Your own policy may help. South Carolina auto liability policies generally must include uninsured motorist coverage, and insurers must offer underinsured motorist coverage.8 Whether it applies depends on your policies and the facts, so bring copies of your bike and car policies.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
