A Guide to Handling Motorcycle Accident Claims in South Carolina

Motorcycles are smaller, less visible, less stable than four-wheeled passenger vehicles, and far less crashworthy by design. Lacking the protections of an enclosed vehicle, motorcyclists are vulnerable to serious injuries in a collision. The physical and financial strain in the aftermath of a motorcycle accident can be overwhelming. It is essential for any rider hurt in a crash caused by someone else’s negligence to know how to navigate the claims process.

Steps to Take Immediately After a Motorcycle Accident

The first moments after a motorcycle accident can be critical. With safety and health as your top priority, take the following steps:

• Call 911: Check for injuries, then call 911 to report the accident and get medical assistance, even if you do not believe you are seriously injured. Traumatic brain injuries, internal bleeding, and other injuries may not be apparent immediately. Calling for emergency medical assistance ensures you receive prompt care and creates a documented record of your injuries.
• Move to safety: If possible, move your motorcycle and yourself out of traffic. Turn on your hazard lights or use reflective gear to alert other drivers.
• Document the accident scene: Take pictures of the accident scene, including damage to your motorcycle and the other vehicles involved, road conditions, and any visible injuries. This evidence could be crucial in your claim.
• Exchange information: Exchange contact and insurance information with other drivers. Be polite, but avoid apologizing or discussing fault, as any statements you make could be used against you. 
• Speak with the police: When law enforcement arrives at the scene, provide a factual account of what occurred. Request a copy of the accident report, as the report will be a vital piece of documentation for your claim.

How South Carolina Laws Can Impact Motorcycle Accident Claims

Under the South Carolina Code Section 56-5-3610, motorcyclists in this state have the same rights and duties as other drivers and are entitled to full use of a traffic lane. Helmets are required for anyone under 21 to operate or ride on a motorcycle, as stated in Section 56-5-3660. While helmet use is optional for riders ages 21 and older, not wearing one could impact an accident claim if the other party argues that the lack of a helmet exacerbated the injuries.

South Carolina follows a modified comparative negligence rule that comes into play in motorcycle accident cases. Under this rule, an injured party is only allowed to recover damages if they are less than 51% at fault for the accident, and compensation is reduced by the percentage of fault assigned. For example, if your damages totaled $100,000 and you were assigned 10% of the fault for the crash, your recovery would be reduced by 10% to $90,000.

Unique Challenges of Motorcycle Accident Claims

In pursuing a claim for compensation for a serious motorcycle accident, riders face two unique challenges:

• Bias: Insurance companies and juries may be biased, assuming that motorcyclists are inherently reckless, even when the accident was the fault of another driver.
• Severity of injuries: Motorcyclists are far more likely to be severely injured or killed in a crash than occupants of passenger vehicles. The Insurance Information Institute (III) reports fatality rates per 100,000 registered vehicles in 2022 as 64.99 for motorcycles, as compared to 12.13 for passenger cars and 7.31 for light trucks. The injury rate was 864 per 100,000 registered motorcycles in the same year. Insurance companies and their attorneys may fight harder in cases involving serious injuries with substantial damages. 

Dealing with Insurance Companies After a Motorcycle Accident

Insurance companies are in business for profit and not on your side. Their goal is to minimize their payouts. The following guidelines can help you handle interactions with insurers:

• Stick to the facts: Provide only factual information when speaking with adjusters. Do not elaborate or speculate. 
• Be wary of recorded statements: An insurance company may ask you to provide a recorded statement. Consult with an attorney before doing so, as it could be used against you later.
• Understand policy limits: After a serious crash, the at-fault driver’s insurance may not fully cover your damages. Your own uninsured/underinsured motorist coverage may help bridge the gap.
• Negotiate strategically: Insurance companies tend to make lower settlement offers initially. An experienced motorcycle accident attorney can negotiate a fair amount that covers the full scope of your damages. 

How to Build a Strong Motorcycle Accident Claim

A strong claim requires thorough preparation and a clear understanding of your rights. Take the following steps to build a strong motorcycle accident case:

• Seek medical attention immediately: Medical records prioritize your health and serve as evidence linking your injuries to the accident.
• Preserve evidence: It is crucial to collect and preserve all documentation related to the accident, including medical bills, repair estimates, correspondence with insurance companies, witness statements, and police reports. 
• Avoid common mistakes: Do not admit fault, avoid discussing your case on social media (insurers may monitor claimants’ online activity), and do not accept a settlement offer without consulting an attorney. 
• Understand available damages: You may be entitled to pursue compensation for past and future medical expenses, lost wages, reduced earning capacity, property damage, pain and suffering, and loss of enjoyment of life. 
• Contact an experienced motorcycle accident lawyer: The claims process can be complicated, particularly when dealing with insurance companies attempting to minimize the payout. A professional South Carolina personal injury attorney can advocate for your rights and negotiate for fair and full compensation.

At Schiller & Hamilton Law Firm, we are dedicated advocates for injured motorcyclists. Our South Carolina motorcycle accident lawyers have the knowledge, skills, and resources to fight for the compensation you deserve. Call us at 803-902-4583 to schedule a free consultation.