South Carolina Car & Motorcycle Accident FAQs

Before accepting any settlement offer, it's advisable to consult with an attorney. Insurance companies may offer settlements that are less than what you deserve. An attorney can evaluate the offer, consider future expenses, and negotiate to ensure you receive fair compensation.

It's advisable to refer any communication from the defendant's insurance company to your attorney. Insurance adjusters may attempt to settle quickly for less than what you deserve. Having an attorney handle these communications ensures your rights are protected and that you receive fair compensation.

Yes, under South Carolina's comparative negligence rule, you can still file a claim if you are partially at fault, as long as your degree of fault is less than 51%. However, your compensation will be reduced by your percentage of fault. It's important to have legal representation to argue fault percentages and maximize your recovery.

Insurance companies assess claims to determine liability and the amount of compensation owed. They may offer settlements, but often these are lower than what you might be entitled to. Having an attorney can help ensure that your rights are protected and that you receive a fair settlement. We negotiate with insurance companies on behalf of clients to achieve the best possible outcome.

We provide comprehensive support by handling all legal paperwork, negotiating with insurance companies, representing clients in court if necessary, and keeping clients informed with regular updates. Our goal is to reduce clients' stress and ensure they receive effective legal representation.

Short answer: No. South Carolina prohibits riding a motorcycle between lanes of traffic or between rows of vehicles (S.C. Code § 56-5-3640(c)). If a rider was lane splitting at the time of a crash, the insurer will likely argue the rider was partly at fault. That can reduce the rider's recovery under South Carolina's modified comparative negligence rule, or bar it entirely if the rider is found 51 percent or more at fault.
Key rules for riders
Full use of the lane: Motorcycles are entitled to the full use of a lane, and drivers may not crowd a motorcycle out of it (S.C. Code § 56-5-3640(a)).
No passing in the same lane: A rider may not overtake and pass a vehicle within the same lane (S.C. Code § 56-5-3640(b)).
Two abreast maximum: No more than two motorcycles may ride side by side in one lane (S.C. Code § 56-5-3640(d)).
Why it matters: Even if a rider broke a traffic rule, the other driver may still share fault. Video, witness statements, and accident reconstruction can shift how fault is divided.
Next step: If an insurer is blaming you for the crash, talk to us before giving a recorded statement.

Short answer: "I didn't see the motorcycle" is not a legal excuse. It often shows the driver failed to keep a proper lookout. In South Carolina, motorcyclists have the same rights on the road as other drivers (S.C. Code § 56-5-3610), and drivers must watch for and yield to them like any other vehicle.
Common crash scenarios
A driver turning left in front of a rider at an intersection
A lane change into a rider's blind spot
A vehicle pulling out from a side street or driveway
How we prove fault
Scene evidence: skid marks, vehicle damage, and where the vehicles came to rest
Video: traffic, dash, and business cameras, which can be overwritten quickly, so act fast
Witnesses and reconstruction: independent accounts and, when needed, expert analysis of speed, visibility, and sight lines
Next step: Call us as soon as possible so we can preserve video and other evidence before it disappears.