South Carolina Motorcycle Accident Lawyer

SOUTH CAROLINA*

South Carolina motorcyclists are protected under South Carolina motorcycle law that makes negligent drivers responsible and liable to South Carolina motorcyclists. A biker who is involved in a South Carolina motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of South Carolina.

If you sustained an injury due to a South Carolina motorcycle accident and you haven’t contacted a lawyer about your South Carolina motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options. If you have a case, we’ll help you find the best motorcycle accident injury attorney or law firm in your area. As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer.             1-877-Biker-Law (1-877-245-3752).

Ø      South Carolina is an at-fault state. This means that the law of negligence governs motor vehicle accidents. The person who is found to be “at fault” for the accident can be held accountable for your injuries and damages in your South Carolina motorcycle accident.

§56-5-3610. Rights and duties of operator of motorcycle generally.

Every person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable to the drivers of motor vehicles, except as to special regulations or other provisions of law which by their nature would not apply.

Ø      South Carolina Helmet Law: If you are riding on or operating a South Carolina motorcycle, and you are under the age of 21, you are required to wear a helmet with reflectorization.

Code 1976 § 56-5-3660

§ 56-5-3660. Helmets shall be worn by operators and passengers under age twenty-one; helmet design; list of approved helmets.

It shall be unlawful for any person under the age of twenty-one to operate or ride upon a two-wheeled motorized vehicle unless he wears a protective helmet of a type approved by the Department of Public Safety. Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides thereof. The department is hereby authorized to adopt and amend regulations covering the types of helmets and the specifications therefore and to establish and maintain a list of approved helmets which meet the specifications as established hereunder.

Ø      South Carolina Eye Protection Law: If you are riding on or operating a South Carolina motorcycle, and you are under the age of 21, you are required to wear eye protection, unless the South Carolina motorcycle is equipped with a windscreen.

§56-5-3670. Goggles or face shields shall be worn by operators under age twenty-one; list of approved goggles and face shields.

It shall be unlawful for any person under the age of twenty-one to operate a two-wheeled motorized vehicle unless he wears goggles or a face shield of a type approved by the department. The department is hereby authorized to adopt and amend regulations covering types of goggles and face shields and the specifications therefor and to establish and maintain a list of approved goggles and face shields which meet the specifications as established hereunder.

§56-5-3680. Wind screens.

The provisions of Section 56-5-3670 with respect to goggles and face shields shall not apply to the operator of a two-wheeled motorized vehicle equipped with a wind screen meeting specifications established by the department. The department is hereby authorized to adopt and amend regulations covering types of wind screens and specifications therefore.

Ø      South Carolina Minimum Insurance Requirements: The minimum insurance required for your South Carolina motorcycle is compulsory liability insurance.

• Bodily Injury Liability (1 person): $15,000
• Bodily Injury Liability (all persons, 1 accident): $30,000
• Property Damage Liability: $10,000

Code 1976 § 38-77-140

§ 38-77-140. Bodily injury and property damage limits; general requirements.

(A) An automobile insurance policy may not be issued or delivered in this State to the owner of a motor vehicle or may not be issued or delivered by an insurer licensed in this State upon a motor vehicle then principally garaged or principally used in this State, unless it contains a provision insuring the persons defined as insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of these motor vehicles within the United States or Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows:

(1) twenty-five thousand dollars because of bodily injury to one person in any one accident and, subject to the limit for one person;

(2) fifty thousand dollars because of bodily injury to two or more persons in any one accident; and

(3) twenty-five thousand dollars because of injury to or destruction of property of others in any one accident.

Ø      South Carolina UIM Coverage: Uninsured, or underinsured, motorist coverage may protect you if you are involved in a South Carolina motorcycle accident with an at-fault driver who does not have adequate insurance, or any insurance, to cover your resulting injuries.

• Underinsured Motorist Coverage may protect you if you are injured in a South Carolina motorcycle accident by an at-fault driver who does not have adequate insurance to cover your claim.
• Uninsured Motorist Coverage may protect you if you are injured in a South Carolina motorcycle accident by an at-fault driver who does not have any insurance to cover your claim.
• Hit & Run: UIM may protect you if you are involved in a South Carolina motorcycle accident with an at-fault driver who is unidentified.

Code 1976 § 38-77-30

§ 38-77-30. Definitions.

(14) “Uninsured motor vehicle" means a motor vehicle as to which:

(a) there is not bodily injury liability insurance and property damage liability insurance both at least in the amounts specified in Section 38-77- 140, or

(b) there is nominally that insurance, but the insurer writing the same successfully denies coverage there under, or

(c) there was that insurance, but the insurer who wrote the same is declared insolvent, or is in delinquency proceedings, suspension, or receivership, or is proven unable fully to respond to a judgment, and

(d) there is no bond or deposit of cash or securities in lieu of the bodily injury and property damage liability insurance.

(e) the owner of the motor vehicle has not qualified as a self-insurer in accordance with the applicable provisions of law.

A motor vehicle is considered uninsured if the owner or operator is unknown. However, recovery under the uninsured motorist provision is subject to the conditions set forth in this chapter.

Any motor vehicle owned by the State or any of its political subdivisions is considered an uninsured motor vehicle when the vehicle is operated by a person without proper authorization.

(15) "Underinsured motor vehicle" means a motor vehicle as to which there is bodily injury liability insurance or a bond applicable at the time of the accident in an amount of at least that specified in Section 38-77-140 and the amount of the insurance or bond is less than the amount of the insured’s' damages.

Ø      South Carolina Statute of Limitations: If you wish to commence suit to recover for injuries resulting from your South Carolina motorcycle accident, you must do so within 3 years from the date of your South Carolina motorcycle accident.

Title 15 - Civil Remedies and Procedures

CHAPTER 3.

LIMITATION OF CIVIL ACTIONS

ARTICLE 1.

GENERAL PROVISIONS

§15-3-530. Three years.

Within three years:

(5) an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law, and those provided for in Section 15-3-545;

(6) an action under Sections 15-51-10 to 15-51-60 for death by wrongful act, the period to begin to run upon the death of the person on account of whose death the action is brought;

§15-3-535. Limitation on actions commenced under Section 15-3-530(5).

Except as to actions initiated under Section 15-3-545, all actions initiated under Section 15-3-530(5) must be commenced within three years after the person knew or by the exercise of reasonable diligence should have known that he had a cause of action.

*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.

*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.

***Law portion of site in progress. South Carolina motorcycle law regarding South Carolina motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.