Motorcycle Accidents

IS LANE SPLITTING LEGAL IN SOUTH CAROLINA?

“Lane splitting” refers to riding a motorcycle between two lanes of traffic. This practice is illegal in South Carolina. The state has specific laws that govern when and where motorcyclists can ride on the road and lane splitting is prohibited in all circumstances. This means that motorcyclists must remain in their proper lane at all times and are not allowed to pass other vehicles by riding between them. 

Lane splitting is prohibited in part because it can increase the chances of a collision with other motorists. This is because when passing between two lanes of traffic, motorcyclists are less visible than if they were occupying an entire lane of traffic, elevating the risk that other drivers will not see them until it is too late. 

If you were lane splitting at the time of a motorcycle accident, you may still be able to get partial compensation for your losses. South Carolina uses modified comparative negligence rules, so you can still recover some damages if you are found by the court to be less than 51% responsible for the collision. While lane splitting will likely lead to the court deciding you were partially at fault, you may still be entitled to compensation if the other driver’s negligence primarily caused the crash. Our team at Bell Legal Group can investigate what happened, explain whether you have a strong case, and review what you can expect to recover. 

CAN I STILL RECOVER COMPENSATION FOR MOTORCYCLE ACCIDENT INJURIES IF I WAS NOT WEARING A HELMET?

Wearing a helmet when riding a motorcycle is always a good idea, but South Carolina does not require you to do so if you are 21 years of age or older. Motorcyclists under the age of 21 must wear helmets that have a chin or neck strap, are reflectorized on both sides, and meet other specifications. 

If you are over the age of 21 and were not wearing a helmet when the motorcycle accident occurred, the defendant may still attempt to argue you are partially to blame for the severity of your injuries, even though you broke no law. This could result in your receiving less compensation under the state’s modified comparative negligence laws. At Bell Legal Group, we respect your right to not wear a helmet and will fight to refute these allegations and get you as much as possible. 

WHAT DAMAGES CAN I RECOVER IN A MOTORCYCLE ACCIDENT LAWSUIT?

You must file your personal injury lawsuit before the statute of limitations expires to recover any damages for motorcycle accident injuries. In South Carolina, you usually have three years from the date of the collision to bring a claim. If the defendant is a government entity, you will only have two years from the date of the accident to start the legal process. If a loved one died because of a motorcycle accident, the executor of the deceased’s estate three years from the date the victim passed away to file a wrongful death claim. 

Our South Carolina motorcycle accident lawyers will work to get you full and fair compensation for economic and non-economic losses, including:

• Past, current, and future medical bills
• Lost wages
• Reduced earning capacity
• Property damage
• Pain and suffering
• Loss of enjoyment of life
• Loss of consortium

DO INSURANCE COMPANIES TEND TO BLAME MOTORCYCLISTS FOR ACCIDENTS?

Unfortunately, insurers may be biased against motorcyclists in certain cases. For example, some insurers may be quick to assume that motorcyclists are at fault if they were lane splitting or riding without a helmet at the time of the crash. Additionally, though motorcycles are not as visible as other vehicles on the roadways, insurers may take this into consideration when assigning fault, even if this factor was a pivotal cause of the collision. This dynamic is part of why you need an experienced attorney on your side. We understand how to clearly establish fault and overcome any insurance company bias. 

Get the results-oriented representation you deserve after a motorcycle accident. Call (843) 396-1777 or contact us online today!