After a motorcycle crash in Charleston, get to safety, call 911, and accept medical attention even if you feel fine. If you’re able, photograph the scene and collect contact and insurance details from the other drivers and any witnesses. Then talk to a lawyer before giving the insurance company a recorded statement, because South Carolina limits how long you have to file, and your own share of fault can reduce what you recover.
A motorcycle crash can turn an ordinary ride into one of the scariest moments of your life. You’re likely in pain, shaken, and unsure what to do next, all while the medical bills start stacking up. Here’s what happens next, and how our Charleson motorcycle accident lawyer at Briggs Law Group can help, starting with a free consultation.
In this article, we discuss:
– What to do immediately after a motorcycle accident
– Why motorcycle injuries tend to be so severe
– How fault is decided and the bias riders face
– Whether or not wearing a helmet affects your claim
– What compensation you may recover
– What the claim process looks like
What Should You Do Immediately After a Motorcycle Accident?
Your safety comes first, so the most important thing is to get out of traffic and call for help. If you’re wondering what to do after a motorcycle accident, these steps protect both your health and your claim.
– Get to safety. Move off the roadway if you can do so without making your injuries worse.
– Call 911. A police report creates an official record of the crash.
– Accept medical attention. Some injuries, such as internal bleeding or a brain injury, don’t show symptoms right away, and delays in treatment give insurers a reason to doubt you.
– Document the scene. Photograph the vehicles, your injuries, road conditions, and traffic signs.
– Gather information. Collect names, phone numbers, and insurance details from the drivers and any witnesses.
If you’re too hurt to do all of this, don’t worry. Focus on healing, and let a lawyer reconstruct the scene later.
Why are Motorcycle Injuries Often so Severe?
Motorcycle injuries tend to be severe because a rider has almost nothing between their body and the road. There’s no steel cage, no airbags, and no seatbelt to absorb the force of a collision. As a result, riders often suffer road rash, broken bones, spinal cord damage, and traumatic brain injuries (TBI), which is damage to the brain caused by a sudden blow or jolt.
These injuries can mean months of recovery, surgeries, and time away from work. That’s why thorough medical records matter so much to the value of your case.
Injured in a Charleston motorcycle crash? Call Briggs Law Group at 843-242-0282 for a free consultation.
How is Fault Decided in a South Carolina Motorcycle Accident?
Fault is determined by examining who acted carelessly and how that carelessness caused the crash. South Carolina uses a modified comparative negligence model with a 51% bar. This means that a plaintiff may recover damages if their negligence is not greater than the defendant’s, and the amount of damages is reduced in proportion to their own share of fault. In plain terms, you can still recover as long as you’re less than 51% at fault, but your recovery drops by your percentage of the blame.
This matters because insurers know many individuals are biased against riders. Adjusters often assume the motorcyclist was speeding or weaving through traffic, and they’ll try to shift blame onto you to cut their payout. The attorney at Briggs Law Group knows these tactics and works to counter them with evidence.
Does Not Wearing a Helmet Affect Your Claim in South Carolina?
No, not wearing a helmet does not automatically bar your claim in South Carolina. Under S.C. Code Ann. § 56-5-3660, it’s unlawful for any person under the age of 21 to operate or ride a two-wheeled motorized vehicle without an approved protective helmet. Adults aged 21 or older have the right to choose whether to wear a helmet while riding a motorcycle in South Carolina.
That said, if you weren’t wearing a helmet and suffered a head injury, the insurance company may argue that a helmet would have reduced your injuries and try to lower what they pay. It doesn’t end your claim, but it’s one more reason to have a lawyer protecting your interests.
What Compensation Can You Recover After a Motorcycle Crash?
Motorcycle accident compensation is meant to cover both what the crash has already cost you and what it will cost you going forward. Depending on your case, you may be able to recover money for:
– Medical bills, including future treatment and rehabilitation.
– Lost wages and reduced earning capacity.
– Pain, suffering, and emotional distress.
– Damage to your motorcycle and other property.
Every case is different, and the value depends on the severity of your injuries and how the crash happened.
What Does the Claim Process Look Like, and How Long Do You Have?
The process usually starts with an investigation, then moves to building your claim, negotiating with the insurance company, and, if a fair settlement isn’t offered, filing a lawsuit. Most cases settle without a trial, but preparing as if yours could go to court often leads to a stronger result.
In South Carolina, an action for injury to the person generally must be brought within three years under S.C. Code Ann. § 15-3-530. Waiting can cost you, because evidence disappears and memories fade, so it’s best to act early.
Talk to a Charleston Motorcycle Accident Lawyer
You don’t have to face the insurance company alone while you’re trying to heal. As a Charleston motorcycle accident lawyer, Sam Briggs of Briggs Law Group handles the legal side, from investigating the crash to negotiating for the compensation you need to move forward.
Briggs Law Group serves Charleston, Greer, the Upstate, and the surrounding South Carolina areas from its office at 78 Ashley Point Dr, Suite 201, Charleston, SC 29407. Injured in a Charleston motorcycle crash? Contact Briggs Law Group at 843-242-0282 for a free consultation.
Frequently Asked Questions About Charleston Motorcycle Accidents
How much does it cost to talk to a motorcycle accident lawyer?
Your first consultation with Briggs Law Group is free. You can share what happened, ask questions, and learn about your options with no obligation to move forward.
How long do I have to file a motorcycle accident claim in South Carolina?
South Carolina has a three-year statute of limitations for a personal injury lawsuit. Some situations can shorten or extend that window, so it’s smart to talk with a lawyer early rather than risk your deadline.
What if I were partly at fault for the crash?
You can still recover compensation as long as you’re less than 51% at fault, though your percentage of fault reduces your recovery. This is exactly the kind of argument insurers use to pay less, so having a lawyer matters.
Should I accept the insurance company’s first offer?
It’s usually wise to talk to a lawyer before accepting anything. First offers are often lower than what your claim is worth, and once you accept, you typically cannot go back for more.