Best South Carolina Motorcycle Accident Lawyer

South Carolina motorcycle accident victims are fortunate that THE Motorcycle Lawyer ^sm, Jason Waechter, is on your side. We are the motorcycle law firm that has perhaps represented more motorcycle accident clients than any other firm in South Carolina. Jason Waechter is nationally known as THE Motorcycle Lawyer ^sm  

 

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Before heading out, you should be familiar with South Carolina’s laws. Jason Waechter is nationally known as THE Motorcycle Lawyer ^sm  and provides you with up to date information on South Carolina’s motorcycle laws.

 

 

South Carolina Motorcycle Helmet Law

Some of South Carolina’s best motorcycle rides are in the Lowcountry, which includes marshes, farms, and inlets from the coast. The upstate region has waterfalls, forests, and rivers if you are looking for something more challenging. When riding in South Carolina, it is important to be familiar with the laws so you can avoid fees and fines.

When it comes to wearing a helmet, South Carolina law says all operators and passengers under 21 years of age must wear a helmet. 

 

Statute Section 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.

 

 

Penalties

If you do not wear a helmet while operating or riding a motorcycle and are under the age of 21 you may receive a ticket or a fine.

 

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South Carolina Motorcycle License Requirements 

If you have a driver’s license already, you are good to drive a motorcycle in South Carolina. However, if you don’t have a regular license then you need a motorcycle beginner’s permit before you can legally operate your motorcycle. Once you have your permit then you can get your Class M motorcycle license.

When it comes time to renew your beginner’s permit, you will have to pass a road test. If you fail this test three times, you have to finish and pass an SCDMV approved safety course to receive your motorcycle license.

 

Requirements for a motorcycle permit:

• Must be at least 15
• Consent from your legal guardian if you are under 18 
• Show driver’s education certificate if under 17
• Pass vision test
• Pass written test
• Proof of your identity, South Carolina residency, social security number
• Complete the application for permit or license
• Pay the $2.50 fee for your permit
• Pay the $2 fee for your knowledge exam

 

In order to get your motorcycle license, you need to have your permit for a minimum of 180 days

 

Requirements for a motorcycle license:

• Must be at least 15
• Consent from your legal guardian if you are under 18 
• Show driver’s education certificate if under 17
• Pass vision test
• Pass written knowledge test
• Pass the road skills exam or complete a Motorcycle Safety Foundation course
• Proof of your identity, South Carolina residency, social security number
• Complete the application for the license
• Pay the $25 fee

 

Statute Section 56-1-20. Driver's license required; surrender and disposition of out-of-state licenses; local licenses.
No person, except those expressly exempted in this article shall drive any motor vehicle upon a highway in this State unless such person has a valid motor vehicle driver's license issued to him under the provisions of this article. 
No person shall receive a motor vehicle driver's license unless and until he surrenders to the Department of Motor Vehicles all valid operator's licenses in his possession issued to him by any other state. 
All surrendered licenses shall be returned by the Department to the issuing department, agency or political subdivision. 
No person shall be permitted to have more than one valid motor vehicle driver's license or operator's license at any time.
Any person holding a currently valid motor vehicle driver's license issued under this article may exercise the privilege thereby granted upon all streets and highways in the State and shall not be required to obtain any other license to exercise such privilege by any county, municipal or local board or body having authority to adopt local police regulations; provided, however, that this provision shall not serve to prevent a county, municipal or local board from requiring persons to obtain additional licenses to operate taxis, buses, or other public conveyances.

 

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Penalties

The first offense for driving without a motorcycle license is a fine between $50 and $150, and up to 30 days in jail.

If you receive a second offense for driving without a license then the fine increases to $500 and you may spend up to 45 days in jail.

The third offense penalty for driving without a license is 45 to 60 months in jail.

 

 

Motorcycle Equipment Specifications

South Carolina law requires drivers and passengers who are under 21 to wear a helmet and eye protection. Eye protection includes face shields or goggles. If you do decide to wear a helmet, or you are under 21 years of age, the helmet must have reflectors on both sides along with a chin or neck strap.

All motorcycles must have a windscreen that meets the specifications set by the Department of Public Safety. The motorcycle must have footrests for the passenger. The motorcycle should also be equipped with a rearview mirror. Other equipment that is required include headlamps and a horn.

 

Other equipment requirements include:

• License plate 
• Windscreen
• No obscene bumper stickers
• Multiple beam road-lighting equipment
• Muffler in good working order

 

Statute Section 56‐5‐3650. Footrests;  rear view mirror.   
(A) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, must be equipped with footrests for its passenger.   
(B) A person shall not operate any motorcycle unless it is equipped with a rear view mirror which will afford the operator ample vision to the rear at all times.     

 

Statute Section 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 therefor and to establish and maintain a list of approved helmets which meet the specifications as established hereunder.   

 

Statute Section 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 of Public Safety.   
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.   

 

Statute Section 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 of Public Safety.        
The department is hereby authorized to adopt and amend regulations covering types of wind screens and specifications therefor.   

 

Statute Section 56‐5‐3700. Penalty for violation of Sections 56‐5‐3660 to 56‐5‐3690.   
Any person violating the provisions of Sections 56‐5‐3660 to 56‐5‐3690 shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.  

 

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Penalties

Penalties for violating motorcycle equipment specifications are a misdemeanor. Depending on the violation, you may have a maximum fine of $100 or a maximum of 30 days in jail. 

 

 

Mandatory Insurance in South Carolina

You must have motorcycle insurance while operating your motorcycle in South Carolina. The mandatory insurance includes:

• $25,000 liability for bodily injury/death to one person
• $25,000 liability for property damage
• $50,000 liability coverage for death or bodily injury for two or more people

 

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Penalties for Not Having Insurance

The first offense of not having the proper motorcycle insurance includes the following penalties:

• $100-$200 fine or 30 days in jail 
• $550 uninsured motorist fee
• $5 per day for the lapse in the required coverage
• Suspension of registration and license
• $200 reinstatement fee

 

The second offense penalty for not having the proper motorcycle insurance includes:

• $200 fine, 30 days in jail, or a combination
• $5 per day for the lapse in the required coverage
• Suspension of registration and license
• $200 reinstatement fee - must have proper proof of insurance

 

If you have a third offense of not having the proper motorcycle insurance, then the following penalties may apply:    

• $5 for every day without insurance
• 45 days to 6 months in jail
• Suspension of registration and license
• $200 reinstatement fee - must have proper proof of insurance

            

 

Motorcycle Moving Violations

Moving violations include lane splitting, lane-sharing, reckless homicide, reckless driving, and driving on a suspended license. South Carolina is a comparative negligence state, which we explain further below. First, we will go over the moving violations, so you have a better understanding of what they are. Then, we will go over comparative negligence and how that may apply to moving violations.

 

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Lane Splitting and Lane-Sharing

Lane-sharing is legal in South Carolina, but lane splitting is illegal. Lane-sharing is when two motorcyclists share the lane and ride next to each other. This is different from lane splitting because in that case, motorcyclists split lanes of traffic.

South Carolina is a comparative negligence state, so if you do get into a motorcycle accident and are partly at fault you still may be entitled to compensation. The best way to find out is to get a consultation from the motorcycle accident lawyer to better understand your rights.

 

Statute Section 56‐5‐3640. Motorcycle entitled to full use of lane; riding two or more abreast; overtaking and passing; operation in other instances.   
(a) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane.    
This shall not apply to motorcycles operated two abreast in a single lane.  
(b) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.   
(c) No person shall operate a motorcycle between lanes of traffic, or between adjacent lines or rows of vehicles.   
(d) Motorcycles shall not be operated more than two abreast in a single lane.   
(e) Items (b) and (c) shall not apply to police officers in the performance of their official duties.  

 

 

Reckless Homicide

If you were charged with Reckless Driving and a person dies, then you may receive the following penalties:

• Fines: $1,000 to $5,000
• Prison: Max of 10 years
• License: suspended up to 5 years

 

The other person in the accident does not have to die right away. The statute says you could be held liable up to three years after the original injury. That means, from the date of your original accident, until three years later, if a person dies as a result of your reckless driving from that accident, then you could be held accountable for Reckless Homicide/Vehicular Manslaughter. If you were recently in a motorcycle accident and have questions about your case, then contact the motorcycle lawyer. 

 

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Reckless Driving

Reckless driving is defined as driving with “willful or wanton disregard for the safety of persons or property.”

 

The penalties include:

• License: suspended up to 3 months
• Fine: up to $200
• Jail: up to 30 days

 

If a person dies because of your reckless driving then your charges may get upgraded to reckless homicide.

 

Driving on a Suspended License
The penalties for driving on a suspended license in South Carolina include:

• First offense — up to 30 days in jail and a $300 fine
• Second offense — up to 60 days in jail and a $600 fine
• Third offense — up to 90 days in jail and a $1,000 fine

 

You may receive a route restricted license, which means you may drive a regular vehicle on a certain route to school, to work, to a drug/alcohol program, or a court-ordered program. However, a person can only be granted one route restricted license in a lifetime.

 

For other traffic offenses, you may receive points on your license. Below are some examples of traffic offenses and their point value. 

Traffic Offense	Points
Driving in improper lane	2
Operating vehicle in unsafe condition	2
Operating with improper lights	2
Following too closely	4
Failing to give signal or giving improper signal	4
Driving through or within safety zones	4
Failing to yield right of way	4
Disobedience of official traffic control device or officer	4
Speeding over 25mph	6
Hit and run - property damage only	6
Passing stopped school bus	6
Reckless driving	6

       

The penalty for points on your license is typically license suspension. If you have 12 to 15 points, your license is suspended for three months. If you have 16 or 17 points, your license is suspended for four months. 

If you have 18 or 19 points, your license is suspended for five months. If you have 20 or more points, your license is suspended for six months.

 

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Comparative Negligence in South Carolina

South Carolina is a comparative negligence state, which means if you were more than 51 percent or more liable for your injuries then you may not recover damages. However, if you were less than 50 percent liable for your injuries then you may recover damages.

For example, if you were 30 percent at fault, you can still recover 70 percent of damages. However, if you were 60 percent at fault, you cannot recover any damages. 

Comparative negligence can have a big impact on your case, so it is best to consult with a motorcycle accident lawyer. 

The following are some common types of negligence in accidents:

• Suddenly stopping
• Turning left and cutting off the motorcycle
• Changing lanes without looking
• Opening a car door in the way of a motorcycle
• Distracted driving (using your cell phone)
• Merging while the motorcycle is in a blind spot

.
Statute Section 15-38-15. Liability of defendant responsible for less than fifty per cent of total fault; apportionment of percentages; willful, wanton, or grossly negligent defendant and alcoholic beverage or drug exceptions.
(A) In an action to recover damages resulting from personal injury, wrongful death, or damage to property or to recover damages for economic loss or for noneconomic loss such as mental distress, loss of enjoyment, pain, suffering, loss of reputation, or loss of companionship resulting from tortious conduct, if indivisible damages are determined to be proximately caused by more than one defendant, joint and several liability does not apply to any defendant whose conduct is determined to be less than fifty percent of the total fault for the indivisible damages as compared with the total of: 
(i) the fault of all the defendants; and 
(ii) the fault (comparative negligence), if any, of plaintiff. A defendant whose conduct is determined to be less than fifty percent of the total fault shall only be liable for that percentage of the indivisible damages determined by the jury or trier of fact.
(B) Apportionment of percentages of fault among defendants is to be determined as specified in subsection (C).
(C) The jury, or the court if there is no jury, shall:
(1) specify the amount of damages;
(2) determine the percentage of fault, if any, of plaintiff and the amount of recoverable damages under applicable rules concerning "comparative negligence"; and
(3) upon a motion by at least one defendant, where there is a verdict under items (1) and (2) above for damages against two or more defendants for the same indivisible injury, death, or damage to property, specify in a separate verdict under the procedures described at subitem (b) below the percentage of liability that proximately caused the indivisible injury, death, damage to property, or economic loss from tortious conduct, as determined by item (1) above, that is attributable to each defendant whose actions are a proximate cause of the indivisible injury, death, or damage to property. In determining the percentage attributable to each defendant, any fault of the plaintiff, as determined by item (2) above, will be included so that the total of the percentages of fault attributed to the plaintiff and to the defendants must be one hundred percent. In calculating the percentage of fault attributable to each defendant, inclusion of any percentage of fault of the plaintiff (as determined in item (2) above) shall not reduce the amount of plaintiff's recoverable damages (as determined under item (2) above).

 

 

Get Started Now: Call THE Motorcycle Lawyer ℠ 

If you or a loved one has been in a South Carolina motorcycle accident we can help. Attorney Jason A. Waechter is nationally known. From handling many South Carolina motorcycle cases for injured bikers and their families, we have specialized knowledge of the law and defenses that are unique to motorcycle cases. 

 

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“I Ride, I Get It,” 

Riding has helped Waechter defend against the prejudice and finger-pointing bikers often endure after a crash. Attorney Jason Waechter literally “wrote the book.” He is the author of the nationally used textbook for lawyers— Litigating Motorcycle Injury & Wrongful Death Cases.

If you are injured in a motorcycle wreck, put a specializing team on your side.
Our No-Win-No-Fee Promise means with our law firm there is never a fee unless we collect money damages for you.

 

 

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