Hit by a Car While Riding Your Motorcycle in Charleston? Here’s What to Do

A black motorcycle lies on its side on a paved road.

A motorcycle accident can be a life-altering event, leaving you with injuries, mounting medical bills, and uncertainty about your legal rights. If you were hit by a car while riding your motorcycle in Charleston, knowing the steps to take can help protect your well-being and your ability to seek compensation.

Why Choose Taylor Anderson Law Firm for Your Motorcycle Accident Case?

Taylor Anderson, a Charleston personal injury attorney, has extensive experience handling motorcycle accident claims in South Carolina and Georgia. His qualifications include:

  • Juris Doctor (J.D.), cum laude, University of Georgia School of Law, 2004
  • Bachelor of Arts (B.A.), magna cum laude, Augusta State University, 2000
  • Bar Admissions: Georgia (2004), South Carolina (2008)
  • Member of the South Carolina Bar Association, State Bar of Georgia, and Charleston County Bar Association
  • Litigation experience in personal injury, construction defects, termite damage, business disputes, maritime accidents, and insurance coverage
  • Recognized as a Martindale-Hubbell Preeminent Lawyer (2021-2023)

Motorcyclists face unique risks on Charleston roads, from congested downtown traffic to high-speed interstates like I-26. If you’ve been injured due to a negligent driver, Taylor Anderson Law Firm can help you understand your legal options.

What to Do After a Motorcycle Accident in Charleston

1. Seek Immediate Medical Attention
Your health comes first. Even if your injuries seem minor, some conditions, like concussions or internal bleeding, may not be immediately apparent. A medical record also serves as crucial evidence for your case.

2. Call Law Enforcement
In South Carolina, you are required to report accidents that result in injury, death, or property damage exceeding $1,000. A police report can help establish fault and provide an official record of the crash.

3. Gather Evidence
If you are able, collect:

  • Photos of the accident scene, damage to your motorcycle, and any visible injuries
  • Contact and insurance details of the other driver(s)
  • Witness statements and contact informationAvoid Admitting Fault
    Even saying something as simple as “I didn’t see the car” can be used against you. Let the evidence and your attorney determine liability.

4. Notify Your Insurance Company
Report the accident to your insurer but avoid giving detailed statements until you consult an attorney.

5. Consult a Motorcycle Accident Attorney
Insurance companies may offer quick settlements that don’t fully cover your medical expenses, lost wages, or long-term care. An attorney can help evaluate your case and negotiate for fair compensation.

Key South Carolina Motorcycle Laws That May Affect Your Claim

Helmet and Safety Laws

South Carolina law requires motorcyclists under the age of 21 to wear a helmet. While adults over 21 are not legally required to wear one, doing so can protect you from severe head injuries and impact insurance and legal claims.

Modified Comparative Negligence

South Carolina follows a modified comparative negligence rule, meaning you can recover compensation as long as you are less than 51% at fault for the accident. However, your compensation will be reduced by your percentage of fault.

For example, if you are found 20% at fault for the accident and your damages total $100,000, your compensation will be reduced by 20%, leaving you with $80,000.

Uninsured and Underinsured Motorist Coverage

Given the high number of uninsured drivers in South Carolina, your uninsured motorist (UM) coverage may be critical if the at-fault driver lacks insurance. An attorney can help you explore your coverage options and file a claim.

Statute of Limitations

Motorcycle accident victims in South Carolina generally have three years from the date of the accident to file a personal injury claim. Acting quickly helps preserve evidence and strengthens your case.

Common Causes of Motorcycle Accidents in Charleston

Motorcycle accidents can happen for various reasons, including:

  • Distracted Driving: Drivers texting or adjusting GPS systems may fail to see motorcyclists.
  • Left-Turn Accidents: A common scenario where a driver turns left in front of an oncoming motorcycle.
  • Speeding and Reckless Driving: Higher speeds reduce reaction time and increase the severity of crashes.
  • Failure to Yield: Drivers who ignore traffic signals or fail to check blind spots put motorcyclists at risk.
  • Poor Road Conditions: Potholes, road debris, and construction zones can be more dangerous for motorcycles than for larger vehicles.

Frequently Asked Questions (FAQs)

Q: What if I was not wearing a helmet at the time of the accident?

A: If you were over 21, South Carolina law does not require you to wear a helmet. However, the insurance company may argue that not wearing a helmet contributed to your injuries. An attorney can help counter these claims.

Q: How long do I have to file a motorcycle accident claim in South Carolina?

A: You have three years from the accident date to file a personal injury claim.

Q: What if the driver who hit me fled the scene?

A: A hit-and-run accident can be complex, but uninsured motorist (UM) coverage may provide compensation. An attorney can assist in identifying potential sources of compensation.

Q: Can I recover damages if I was partially at fault?

A: Yes, as long as you are less than 51% at fault under South Carolina’s modified comparative negligence law. Your compensation will be reduced based on your percentage of fault.

Q: What damages can I recover?

A: Depending on the circumstances, you may be entitled to compensation for:

  • Medical expenses (past and future)
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Property damage

Contact Taylor Anderson Law Firm for Help

If you or a loved one has been injured in a motorcycle accident in Charleston, you don’t have to navigate the legal process alone. Taylor Anderson Law Firm is dedicated to helping motorcycle accident victims understand their rights and pursue fair compensation.

Call now for a consultation: Taylor Anderson Law Firm

Posted on behalf of Taylor Anderson Law Firm


Go back to Blog page