Motorcycle accidents are different from car accidents in one critical way: riders start at a disadvantage.

Even when a motorcyclist does everything right, insurance companies often assume fault, exaggerate risk-taking, or minimize injuries. That bias affects claims from the very first phone call.

If you’ve been injured in a motorcycle accident in South Carolina, what you do in the hours, days, and weeks afterward can shape the entire outcome of your case.

This guide explains exactly what steps protect your health, your rights, and the full value of your claim.

Why Motorcycle Accident Claims Are Treated Differently

Motorcyclists are more exposed. When crashes happen, injuries are often more serious.

Common motorcycle accident injuries include:

• Traumatic brain injuries
• Spinal cord injuries
• Road rash and skin damage
• Fractures and orthopedic injuries
• Internal injuries
• Permanent mobility limitations

Because injuries are severe, claims are often high value. That makes insurance companies more aggressive.

Many insurers assume riders were:

• Speeding
• Lane splitting improperly
• Driving recklessly
• Partially at fault by default

Overcoming that assumption requires preparation and evidence.

Step 1: Seek Medical Attention Immediately

Medical care is the most important step after a motorcycle accident.

Even if injuries don’t feel severe at first, adrenaline often masks symptoms. Delayed treatment gives insurers an opening to argue that injuries were minor or unrelated.

Medical records help establish:

• That injuries exist
• When symptoms began
• That the accident caused the injuries
• The seriousness of the condition

Consistent treatment protects both your health and your claim.

Step 2: Document the Scene If You Are Able

If it is safe to do so, documentation matters.

Helpful evidence includes:

• Photos of the vehicles
• Damage to the motorcycle
• Road conditions
• Skid marks
• Traffic signs or signals
• Visible injuries

Witness names and contact information are also critical. Independent witnesses often make or break disputed liability cases.

Step 3: Be Careful What You Say at the Scene

What you say immediately after a crash can be used against you later.

Avoid:

• Admitting fault
• Speculating about what happened
• Saying you are “fine” if you are not sure

Simple factual statements to law enforcement are enough. Fault determinations should be based on evidence, not stress-filled conversations.

Step 4: Understand How South Carolina Fault Law Applies to Motorcyclists

South Carolina follows a modified comparative negligence rule.

You may recover compensation if you are 50 percent or less at fault. If you are 51 percent or more at fault, you recover nothing.

Insurance companies frequently try to push motorcyclists over that threshold.

Common arguments include:

• Excessive speed
• Unsafe lane positioning
• Visibility issues
• Helmet use discussions

Clear evidence and early advocacy are critical to protecting fault percentages.

Step 5: Do Not Give a Recorded Statement Without Preparation

Insurance adjusters often ask for recorded statements quickly. They may sound friendly or concerned.

Their goal is to lock in statements that can later be used to reduce or deny the claim.

You are not required to give a recorded statement to the other driver’s insurance company.

Even statements to your own insurer should be handled carefully, especially in uninsured or underinsured motorist claims.

Step 6: Preserve the Motorcycle and Gear

Your motorcycle and riding gear may be evidence.

Helmets, jackets, and damaged components can help demonstrate:

• Impact severity
• Direction of force
• Rider positioning
• Injury mechanisms

Do not repair, sell, or dispose of these items without guidance.

Step 7: Understand the Full Scope of Damages

Motorcycle accident damages often extend beyond medical bills.

Compensation may include:

• Medical expenses
• Future treatment costs
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Emotional distress
• Permanent impairment
• Loss of enjoyment of life

Strong cases document all categories, not just immediate expenses.

Bias Against Motorcyclists Is Real

Many riders are shocked by how quickly insurers assume fault.

This bias appears in:

• Adjuster conversations
• Claim evaluations
• Settlement offers
• Litigation strategies

Prepared cases counter bias with evidence, not arguments.

How Helmet Use Affects Motorcycle Accident Claims

South Carolina has helmet laws for riders under a certain age, but helmet use often becomes a point of discussion regardless.

Insurers may attempt to argue that injuries would have been reduced with different gear, even when that argument is weak or irrelevant.

Helmet use does not automatically determine fault. Liability is based on how the accident occurred.

Social Media Can Hurt Motorcycle Claims

Posts showing riding, travel, or activity may be taken out of context.

Even unrelated photos can be used to argue that injuries are exaggerated.

Being mindful online while a claim is pending protects credibility.

Why Early Legal Guidance Matters in Motorcycle Accident Cases

Motorcycle accident cases move quickly on the defense side.

Early guidance helps:

• Preserve evidence
• Protect fault arguments
• Manage insurance communication
• Document injuries properly
• Prevent early undervaluation

Waiting often costs leverage.

When to Speak With a South Carolina Motorcycle Accident Lawyer

You should consider legal guidance if:

• You were injured in a motorcycle crash
• You sought medical treatment
• Fault is disputed
• Injuries are serious
• You feel pressure to settle
• You are unsure what your case is worth

A conversation early in the process protects options later.

Schiller & Hamilton helps South Carolina motorcycle accident victims navigate complex claims, counter insurer bias, and pursue fair compensation based on the full impact of their injuries.

GREENVILLE, SOUTH CAROLINA

Local Guidance for Greenville Personal Injury Cases

Greenville’s rapid growth has led to increased traffic density and construction-related accidents. Busy corridors such as I-85, I-385, and major arterials contribute to a wide range of collision types.

Common Greenville case factors include:

• High-speed highway accidents
• Commercial vehicle involvement
• Construction zone incidents
• Multi-vehicle collisions

As Greenville expands, insurers often dispute fault aggressively, especially in complex traffic patterns or work zones.

Medical care in Greenville often involves specialists and extended treatment plans. Insurers frequently scrutinize treatment duration and necessity, making documentation critical.

Schiller & Hamilton helps Greenville injury victims protect their claims, counter aggressive insurance tactics, and pursue compensation aligned with the full scope of their injuries.

Frequently Asked Questions

Can I recover compensation if I wasn’t wearing a helmet?

Possibly. Helmet use does not automatically determine fault. Each case depends on facts and causation.

Do motorcycle accident cases take longer to settle?

They often do, especially when injuries are severe or fault is disputed.

Can I still recover if I was partially at fault?

Yes, as long as you are not more than 50 percent at fault under South Carolina law.