Hurt on a Motorcycle? Your Case Deserves a Closer Look.
Motorcyclists have the same right to the road as other drivers, but they do not have the same physical protection when a collision happens.
Sharpe & Leventis, LLC represents injured riders throughout Columbia and surrounding South Carolina communities. We investigate the crash, gather evidence, deal with insurers, document the full impact of the injuries, and build the claim around what actually happened.
Motorcycle Accident Claims Come With Different Challenges
Motorcycle cases often require a closer look at both the crash and the injuries.
Riders Have Less Protection
Without the structure of a passenger vehicle around them, motorcyclists are more exposed to direct impact with another vehicle, the pavement, or surrounding objects.
Injuries Are Often More Serious
A rider may require hospitalization, surgery, rehabilitation, or months away from work after a collision.
Fault May Be Disputed
An insurer may argue that the rider was speeding, difficult to see, improperly positioned, or otherwise responsible—even when another driver caused the collision.
The Motorcycle Itself Can Be Important Evidence
Damage patterns, photographs, protective gear, and the condition of the motorcycle may help show how the crash occurred.
What Should You Do After a Motorcycle Accident?
If you are physically able, a few steps can help protect both your health and your ability to document what happened.
01
Get Medical Attention
Serious motorcycle injuries are not always fully apparent at the scene. Seek appropriate medical care and follow the treatment plan recommended by your healthcare providers.
02
Report the Crash
Contact law enforcement when appropriate and make sure the collision is documented.
03
Preserve Evidence
If possible, save:
- Photos and video of the scene
- Damage to the motorcycle and other vehicles
- Your helmet and riding gear
- Witness contact information
- Police or collision reports
- Medical records and bills
- Proof of missed work
- Receipts for accident-related expenses
04
Do Not Rush to Repair or Dispose of the Motorcycle
In a disputed or serious crash, the motorcycle itself may contain useful evidence. Speak with an attorney before allowing important evidence to disappear when practical.
05
Be Careful With Insurance Statements
Do not guess about speed, distance, fault, or the extent of your injuries simply because an adjuster wants a quick recorded statement.
06
Have the Case Evaluated Early
Motorcycle crashes can involve disputed liability, severe injuries, and multiple insurance policies. Early investigation can help preserve evidence before it is lost.
South Carolina Law Gives Motorcyclists Full Use of the Lane
South Carolina law expressly provides that motorcycles are entitled to the full use of a traffic lane, and other motorists may not drive in a way that deprives a motorcycle of that space.
The law also prohibits a motorcycle operator from passing another vehicle within the same lane and generally prohibits riding between lanes or rows of traffic—commonly called lane splitting. Motorcycles may ride no more than two abreast in a single lane.
These rules can matter when an insurance company disputes how a crash occurred.
What Is South Carolina's Motorcycle Helmet Law?
South Carolina requires motorcycle operators and passengers under age 21 to wear an approved protective helmet. Operators under 21 must also use approved goggles or a face shield unless the motorcycle has a qualifying windshield.
For riders age 21 and older, South Carolina law does not impose that same helmet requirement.
What If You Were Not Wearing a Helmet?
Do not assume that failing to wear a helmet automatically prevents you from having an injury claim.
The effect, if any, depends on the specific facts, the injuries being claimed, the rider's age, and whether the issue actually relates to how those injuries occurred.
If an insurer raises helmet use as a reason to reduce or deny compensation, the issue should be evaluated based on the evidence rather than accepted at face value.
Who Can Be Responsible for a Motorcycle Crash?
Depending on what caused the accident, responsibility may involve more than one party.
- Another Driver: The most common claims involve motorists who fail to yield, make unsafe turns, change lanes without looking, drive distracted, or otherwise operate negligently.
- A Commercial Driver or Employer: If the vehicle involved was being operated for work, the driver's employer or another business may become relevant to the claim.
- A Vehicle or Parts Manufacturer: A defective motorcycle, tire, brake component, or other vehicle part can create additional liability questions.
- Another Responsible Party: Some crashes involve multiple drivers, roadway conditions, or other circumstances that require a broader investigation.
South Carolina's current tort-apportionment law allows fault to be allocated among defendants and certain other tortfeasors, making it especially important to identify all parties whose conduct may have contributed to a crash.
Common Motorcycle Accident Injuries
Because riders have less physical protection, injuries can be severe even when the crash occurs at relatively modest speeds. Motorcycle accident injuries may include:
- Traumatic brain injuries
- Concussions
- Spinal cord injuries
- Neck and back injuries
- Broken or crushed bones
- Shoulder injuries
- Knee and leg injuries
- Internal injuries
- Nerve damage
- Road rash
- Scarring and disfigurement
- Amputation
- Permanent disability
What Compensation May Be Available?
There is no standard motorcycle accident settlement. Depending on the circumstances, compensation may include:
Medical Expenses
Emergency treatment, surgery, hospital care, rehabilitation, medication, and other necessary care.
Future Medical Needs
Severe injuries may require ongoing treatment, therapy, assistive devices, or future procedures.
Lost Wages
Compensation may include income lost while you are unable to work.
Reduced Earning Capacity
Compensation may include income lost while you are unable to work.
Motorcycle and Property Damage
A claim can also involve damage to the motorcycle, helmet, riding gear, electronics, and other property.
Pain and Suffering
Physical pain and other non-economic effects may also be part of the claim.
Permanent Disability or Disfigurement
Serious motorcycle injuries can have lasting physical consequences that should be evaluated as part of the overall case.
What If the Driver Has Little or No Insurance?
South Carolina requires liability and uninsured motorist coverage for drivers, with current minimum limits of
$25,000
in bodily injury coverage per person
$50,000
per accident
$25,000
for property damage
Underinsured motorist coverage must be offered but is optional.
If the responsible driver has no insurance—or not enough insurance to cover serious injuries—other applicable coverage may need to be investigated.
How Sharpe & Leventis Handles a Motorcycle Accident Claim
We Investigate the Collision
We examine reports, photographs, video, witnesses, vehicle evidence, and other information relevant to how the crash occurred.
We Push Back on Assumptions
The fact that someone was riding a motorcycle does not establish fault. We focus the claim on the evidence.
We Document the Injuries
We review medical treatment, time away from work, future care, and how the injuries have affected daily life.
We Identify Available Insurance
We determine what liability, uninsured motorist, underinsured motorist, or other coverage may apply.
We Deal With the Insurers
We handle communications regarding the injury claim and respond when responsibility or damages are disputed.
We Prepare for Litigation When Needed
If a reasonable resolution cannot be reached, we evaluate the case with litigation in mind.
How Long Do You Have to File a Motorcycle Accident Claim in South Carolina?
Many South Carolina personal injury actions are subject to a three-year statute of limitations. South Carolina Code §15-3-530 specifically provides a three-year period for many actions involving injury to a person.
Different deadlines can apply in some circumstances, including certain claims involving government entities.
Frequently Asked Questions
Do motorcyclists have the same rights as other drivers in South Carolina?
Yes. South Carolina law provides that motorcycle operators generally have the same rights and duties as other motor-vehicle drivers. Motorcycles are also entitled to full use of a traffic lane.
Is lane splitting legal in South Carolina?
Generally, no. South Carolina law prohibits operating a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, subject to an exception for police officers performing official duties.
Can I recover compensation if I was not wearing a helmet?
Possibly. South Carolina requires helmets for riders and passengers under 21, but not under that statute for people 21 or older. Whether helmet use affects an injury claim depends on the facts, the person's age, and the injuries at issue.
What if the driver says they never saw my motorcycle?
Failing to see a motorcycle does not automatically excuse a driver from responsibility. The investigation should examine right-of-way, lane position, visibility, speed, witness accounts, and other evidence showing what occurred.
What if the insurance company says I was speeding?
An allegation is not proof. Police evidence, witness statements, video, physical evidence, motorcycle damage, and other information may help determine how the crash actually happened.
Contact Our Columbia Law Firm for a Free Consultation Today.
A serious motorcycle crash can leave you dealing with injuries, insurance questions, and uncertainty about what happens next. Tell
Sharpe & Leventis, LLC what happened, and we’ll help you understand your options.