Your health and safety should be your priority if you have been involved in a South Carolina motorcycle accident. You should call 911 so the proper law enforcement and emergency responders will be dispatched to the scene. Then, seek immediate medical help, even if you don’t think you are injured or are not sure. Many injuries, including those that can lead to serious complications or even death, are not obvious in the adrenaline-charged aftermath of a crash.  

If you are physically capable of doing so, be sure to get the insurance and contact information for the other drivers involved in your accident. Also, ask witnesses for their names and contact information, and take photos of your motorcycle, the other vehicles involved, and crash debris.  

Write down your recollection of events while they are still fresh in your mind. Documentation will be the backbone of your personal injury claim. You will also need copies of the crash report filed by law enforcement and of your medical records and bills for crash-related treatment.  

Contact your motorcycle insurance company so a claim number is opened. If you have medical payment or personal injury protection coverage, you can begin accessing those benefits right away, regardless of establishing fault for the crash.  

Hire a personal injury attorney to represent you in your claim. Attorneys like ours at Powers Law, LLC know how to fully investigate the crash, gather documentation, and assert a third-party claim against the at-fault driver’s liability insurance coverage. You take care of yourself. Your attorney will ensure no steps are missed in pursuing your motorcycle accident claim.

In addition to the required obeyance of the rules of the road, motorcycle operators must comply with laws specific to the safe operation of their vehicles. Doing so is vital to your ability to establish the fault of the other driver and avoid the assignment of fault to you for the crash.  

• Lane splitting—or operating the motorcycle between or in the same lane as a vehicle to ride or pass the vehicle—is prohibited by law. However, the law does permit two motorcycles to ride abreast in a single lane.  

• Helmet laws require that approved safety helmets, goggles or face shields be worn by all motorcycle operators and passengers under the age of 21. The wearing of these safety items by operators and passengers ages 21 and older is at their discretion.  

• Passengers are only permitted if the motorcycle is built to carry one. There must be separate footrests for the motorcycle passenger, and they may not be sitting in front of the operator to interfere with the safe operation of the motorcycle.  

• Required motorcycle equipment is designed to increase safety. These include rearview mirrors and working headlights.

If you assert a personal injury claim or wrongful death action, you shoulder the burden of proving someone else’s fault for the crash. There are three major requirements of proof: 

1. The other driver owed you a duty of care.  
2. The other driver breached that duty of care.  
3. As a result of the breach, you were injured and have incurred damages, such as medical expenses, funeral expenses, lost income, and pain and suffering.  

South Carolina observes a modified comparative negligence rule. So long as you were less than 51% at fault for the accident, you can pursue a motorcycle accident claim. The amount of compensation you are awarded is reduced by your percentage of fault. Therefore, insurance companies have major incentives to try to place as much blame for a crash on you or your loved one. An experienced personal injury attorney will know how to fight these attempts to deny or devalue your claim.

Because the injuries from a motorcycle accident can be incapacitating, you can pursue a personal injury claim on your loved one’s behalf. The court will need to appoint you as their conservator to do so.  

If your loved one died, the personal representative of their estate can file a wrongful death claim to benefit the estate and its heirs. Personal representatives, or executors, are named in a person’s will. If your loved one had no will, the court will appoint someone to act in this role. As with filing a personal injury claim, the other driver’s negligence will need to be established in order to prevail.