South Carolina Motorcycle Laws

South Carolina's Target Zero strategy aims to eradicate traffic injuries and fatalities across the state. To guarantee the safety of road users, legislators and authorities have enacted laws and regulations covering motor vehicles. This article discusses South Carolina motorcycle traffic laws and minimum insurance requirements. It also tackles personal injury liability rules for motorcycle riders, crash victims, and plaintiffs.

How to Hire a Motorcycle Accident Attorney

Nothing is better than the open road on the back of a motorcycle, but with incredible freedom come significant risks. According to the National Highway Safety Administration, an estimated 82,528 motorcyclists were injured in 2020, which has only increased. If you or someone you care for are motorcycle accident victims, you may wonder if it’s time to hire a motorcycle accident attorney. From their expert knowledge of judicial proceedings to the peace of mind that comes with knowing someone is there to ensure you are protected, an attorney is a crucial part of pursuing compensation. 

motorcycle accident common causes

To avoid accidents, please drive responsibly and make sure you are following the rules of the road. Pay attention to the most common causes of motorcycle accidents and how to prevent them because it could save your life when riding your favorite bike.

What is the Number One Cause of Motorcycle Accidents?

Maryland Motorcycle Laws

In line with the risks associated with motorcycles, Maryland has established several laws and various programs toward safer roads and better driving behavior. Government resources are also available for those involved in accidents.

average motorcycle accident settlement

If you were in a motorcycle accident caused by a negligent driver, you have the right to file a motorcycle accident lawsuit and seek fair compensation. However, many victims are unsure of what constitutes “fair compensation” and what they should expect for their settlement. The information below can help injured bikers learn more about the factors that will influence their motorcycle injury settlement. 

What Is the Average Settlement from Motorcycle Accident Lawsuits? [2023]

motorcycle accident lawsuit cost

This guide to the cost of filing a motorcycle accident lawsuit is approximate and may vary from state to state. However, an awareness of these potential financial obligations can help injured bikers and their attorneys’ budgets accordingly. 

How Much Will a Motorcycle Accident Lawsuit Cost? [2023]

hit and run motorcycle accident

In this article, you will find step-by-step instructions on what to do immediately after you’ve been involved in a hit-and-run motorcycle accident, what to do when the accident is over, and how to build a lawsuit for your accident. We’ve also included legal resources to help you or another victim of a hit-and-run motorcycle accident.

How to Handle a Hit & Run Motorcycle Accident

Determining and Proving Liability in Motorcycle Accident Lawsuits

Riding on a motorcycle can be a thrilling experience. However, along with that thrill comes some serious risk. Motorcycle drivers are more susceptible to the dangers presented by inclement weather and adverse road conditions than drivers in enclosed vehicles. Additionally, motorcylces are more prone to ending up in other driver’s blind spots, making it harder to see them when merging in traffic.

HTH-motorcyclelawyer hero

Learn what you need to do immediately after a motorcycle accident to document your crash, and hire the right attorney.

5 Steps To Hire A Motorcycle Accident Lawyer

what to do after a motorcycle accident

According to the Insurance Information Institute (III), there were about 83,000 motorcyclist injuries and 5,579 fatalities in 2020 alone. Bikers need to know what to do after a motorcycle accident to comply with the law, avoid liability, and get the compensation they deserve to pay for their medical bills and other damages.

From what to do at the scene of an accident to how to file a lawsuit, we've provided a step-by-step guide on what you need to do after a motorcycle accident.


What To Do After a Motorcycle Accident: A Step-by-Step Guide

wrongful death motorcycle lawsuit

Trying to grapple with the grief of losing someone you love to a motorcycle fatality while also reckoning with the financial cost can be overwhelming. If another party is liable for the fatality, filing a wrongful death lawsuit against them can help ease some of the financial burdens in the aftermath of the accident. 

Fatal Motorcycle Accidents | How To File a Wrongful Death Lawsuit

(803) 252-2911 is the non-emergency hotline in Columbia.

Columbia police department's records unit provides traffic-related accident reports. Involved parties can also request a digital copy by filling out forms at the citizen's online police reporting system here: <a href="https://columbiapd.net/submit-a-police-report/">https://columbiapd.net/submit-a-police-report/</a>.

Yes, it is possible to file a claim in Columbia even if they weren't wearing a helmet during the crash, as long as the accident was due to someone else’s negligence. Even though the law in South Carolina requires riders under 21 to wear helmets, wearing this protective gear does not affect the negligent party's actions. Although insurance companies may argue against not wearing a helmet, this does not reduce the value of the claim.

Interstate 20, route 1, South Carolina Highway 6, and Route 378 are some of the most accident-prone roads in Columbia. There is also Route 121, which is the major state highway that travels south and north in central parts of South Carolina; Interstate 77, which crosses different rivers like the Catawba River; and Route 176, which passes counties and rural areas.

Yes, in Columbia, they can still file an uninsured motorist (UM) claim. In South Carolina, UM insurance protects policyholders from hit-and-run drivers and negligent parties who are uninsured. For drivers to be able to operate a vehicle legally, the state mandates that they purchase a UM policy and carry insurance coverage equal to the required minimum liability limit.

Columbia observes South Carolina laws, which limit the number of compensatory damages to $500,000. However, this does not apply when a defendant did the following:
● Entered a guilty plea.
● Acted under the influence of alcohol or drugs, making their judgment substantially impaired.
● Had the intent to harm and actually did hurt the victim.

In Columbia and the rest of South Carolina, bikers under 21 will face a driving under the influence (DUI) charge if any alcohol is found in their system. On the other hand, drivers aged 21 and above with a blood alcohol content (BAC) of 0.08% or higher will be issued a DUI ticket. However, for those with BAC below the legal limit may still be charged with DUI if the evidence shows that drinking alcohol has materially impaired their ability to drive.

Motorcycle accident attorneys provide legal advice, negotiate with insurance companies, and represent accident victims in and out of court. They investigate the cause of collisions, establish fault, value claims, prepare legal documents, and fight to recover adequate compensation for their clients. Most lawyers in this practice area also handle car and truck accidents and other personal injury claims.

Injured motorcyclists may be eligible for several types of compensation depending on their losses, state of residence, and level of fault. Whether or not they were wearing a <a href="https://www.iihs.org/topics/motorcycles/motorcycle-helmet-laws-table">helmet</a> may also come into play. A lawyer can help to evaluate claims based on medical expenses, property damage, past and future lost wages, loss of earning capacity, pain and suffering, and emotional trauma.

The statute of limitations for personal injury claims is typically two years from the date of the accident. However, each state has its own rules. In Tennessee and Louisiana, for example, victims of motorcycle accidents have just one year to file a lawsuit. In Maine, Minnesota, and North Dakota, individuals have up to six years to initiate a claim.

Based on eight years of national data, the average verdict in motorcycle accident cases ranges from $74,000 to $560,000. Also note that the majority of claims are settled out of court. Riders may receive compensatory damages for medical bills, property damage, and lost wages, as well as general damages for emotional trauma, pain and suffering, and loss of consortium. Additionally, in states that follow a comparative negligence model, the plaintiff’s claim may be reduced according to his or her level of fault.

The steps that you take immediately after a collision can be instrumental in proving an accident or injury claim. In general, you should follow these guidelines:<ul><li>Gather insurance and contact information from the other driver and any witnesses.</li><li>Contact law enforcement to report the collision and complete an accident report.</li><li>Document injuries, property damage, and road conditions.</li><li>Visit a doctor or hospital within 24 hours.</li><li>Avoid discussing the accident with the other driver or their insurance company.</li></ul>

Motorcycle accident cases typically start with an insurance claim. After documenting their client’s losses and establishing fault, attorneys generally prepare a demand letter requesting compensation from the other driver’s insurance company. It can take anywhere from one to six months for insurance adjusters to make a settlement offer. If the company denies the claim or the parties can’t reach an agreement, the lawyer can prepare a notice of intent to sue and file a formal lawsuit with the appropriate court.

The most common causes for motorcycle collisions are drunk driving, exceeding the speed limit, and left turns. In 42% of all motorcycle collision fatalities, another vehicle turned left in front of an oncoming motorcycle. Motorcycle accidents are also caused by dangerous road conditions, such as crumbling pavement, debris in the road, and potholes. Other factors that contribute to motorcycle accidents include unsafe lane changes, sudden stops, lane splitting, inexperienced drivers, motorcycle defects, and car doors opened in the path of a motorcycle.

In 2017, of the over 8 million motorcycle riders that year, approximately 89,000 were injured in motorcycle accidents and over 5,000 motorcycle collisions resulted in fatalities. The fatality rate for 100 million miles driven is 25.67, which is largely attributed to the lack of helmet use. Most fatal crashes involving motorcycles happened during the heaviest traffic times between 3 p.m. and 9 p.m.

Motorcycles are more dangerous than cars because they lack any protection for the rider in the event of an accident. Motorcyclists are 27 times more likely to die in a crash and more than five times more likely to be injured than those riding in enclosed vehicles. Because of their small size, motorcycles’ lack of visibility is a major contributing factor in collisions with other vehicles. Motorcycles are also more vulnerable to weather conditions and road hazards than other automobiles.

For a minor crash with no injuries, the immediate danger is being struck again by oncoming traffic, so moving your bike off of the road as soon as possible is imperative. Check your mirrors, brake lights, headlight, and controls. You should also check to make sure there is no leaking fluid, such as fuel or oil.