843-636-TREY
Motorcycle accidents are distinct from other types of crashes. The injuries tend to be more severe, there is often bias against riders, and insurance companies are aware that they can exploit both factors to their advantage. If you’ve been injured while on a bike due to another driver’s negligence, you need a motorcycle accident attorney who understands the unique challenges that bikers face and who is committed to advocating for your rights.
Trey Harrell has represented motorcycle accident clients throughout South Carolina and is well-versed in the specifics of these cases. He understands the severity of these injuries and how insurance adjusters often treat bikers. Motorcycle claims require a different approach than standard car accident cases.
Call 843-636-8739 for a free consultation. You don’t pay Trey unless he wins your case.
What makes motorcycle accident cases different from car accident claims
If you’ve been in a motorcycle accident, you may have experienced being treated differently from those in a car crash. Motorcycle accident cases are genuinely different from car accident claims in several important ways, and understanding those differences matters when fighting for fair compensation.
The injuries are almost always more severe. There’s no steel frame, no airbags, and no seatbelt protecting you on a motorcycle. When a car turns left in front of you or a distracted driver drifts into your lane, you absorb the full force of the impact. Because of this, motorcycle accident injuries tend to be catastrophic: broken bones, road rash requiring skin grafts, spinal cord damage, and traumatic brain injuries. Medical bills add up fast, and recovery takes much longer than most people expect.
Anti-rider bias is a real problem. Jurors, insurance adjusters, and even some judges carry an unconscious bias against motorcyclists. They assume riders are speeding or are reckless. They may feel riders “assumed the risk” by choosing to ride a motorcycle. This bias can directly affect the value of your case if your attorney doesn’t know how to address it head-on. Trey understands this dynamic and builds cases that counter these assumptions with evidence.
Insurance companies fight harder on motorcycle claims. Because motorcycle injuries tend to be expensive, insurance companies have more incentive to deny or lowball your claim. They’ll scrutinize everything, from whether you were wearing a helmet to how fast you were driving, looking for any reason to reduce what they owe you.
The investigation is more complex. Motorcycle accident reconstruction requires understanding how bikes handle differently from cars. Factors like road surface conditions, tire grip, lean angles, and braking distances all play a role in determining what happened and who’s at fault.
Injured in a motorcycle crash? Call Trey Harrell at (843) 636-TREY. Your consultation is free, and Trey handles the legal fight so you can focus on getting better.
Common motorcycle accident injuries
The lack of protection around a motorcycle means that even a low-speed collision can cause serious harm. Injuries often seen in motorcycle accident cases include the following:
Road rash is one of the most common motorcycle-specific injuries. When a rider slides across pavement after being thrown from a bike, the friction strips away skin and sometimes deeper tissue. Minor road rash can heal on its own, but severe cases may require surgical debridement, skin grafts, and months of wound care. The scarring can be permanent and disfiguring.
Broken bones and fractures can happen in serious motorcycle crashes. Arms, legs, wrists, collarbones, and ribs are all vulnerable. Compound fractures, where the bone breaks through the skin, are common and often require surgery involving metal plates, rods, or screws. Some fractures lead to chronic pain or limited mobility even after they’ve healed.
Traumatic brain injuries (TBI) are a leading concern, even for riders wearing helmets. A concussion might seem minor at first, but the effects can linger for months or years. More severe brain injuries can cause permanent cognitive problems, personality changes, and disability.
Spinal cord injuries can result from the force of impact in a motorcycle crash. Damage to the vertebrae or spinal cord can cause partial or complete paralysis, and many riders who suffer spinal injuries face a lifetime of medical care and adaptive equipment costs.
Internal injuries are especially dangerous because they aren’t always obvious at the scene. Damage to the liver, spleen, kidneys, or lungs can be life-threatening if not treated quickly. That’s one reason Trey always tells clients to get to a hospital immediately after a crash, even if they feel okay.
Limb injuries and amputation are more common in motorcycle accidents than in car crashes. Legs and feet are particularly vulnerable because they’re exposed and often closest to the point of impact.
What to do at the scene of a motorcycle accident
The minutes after a motorcycle accident are chaotic and disorienting. You may be in pain, rattled, and unsure of what has happened. But the steps you take at the scene can make or break your case. Here’s what Trey recommends.
Get to safety and call 911. If you’re able to move, get out of the road and away from traffic. Call 911 immediately, even if your injuries seem minor. You need a police report on file and paramedics to evaluate you. South Carolina law requires reporting any accident that involves injury, death, or significant property damage.
Don’t remove your helmet (if you’re wearing one) until paramedics arrive, especially if you hit your head. Moving your neck or head after a potential spinal injury can cause further damage.
Document everything you can. If you’re physically able, take photos of the accident scene, your motorcycle, the other vehicle, road conditions, traffic signs, skid marks, and your injuries. Get the names and contact information of any witnesses. Exchange insurance and contact information with the other driver.
Don’t admit fault or apologize. Anything you say at the scene can be used against you later. Stick to the facts when speaking with police, and don’t speculate about what happened. A simple, “I’m sorry,” can be twisted into an admission of liability.
Don’t give a recorded statement to the other driver’s insurance company. They’ll call quickly, sometimes within hours of the crash. They’re not trying to help you and hope you will say something that reduces your claim. Let Trey handle that conversation.
See a doctor the same day, even if you walked away from the crash. Adrenaline masks pain, and many serious injuries, such as internal bleeding, soft tissue damage, and concussions, don’t show symptoms right away. A same-day medical record creates a direct link between the crash and your injuries.
South Carolina’s motorcycle helmet law and how it affects your claim
South Carolina’s helmet law is partial, not universal. Under S.C. Code § 56-5-3660, riders and passengers under the age of 21 are required to wear a Department of Public Safety-approved helmet with a chin strap and reflective material. Riders under 21 must also wear goggles or a face shield unless the motorcycle has an approved windscreen. Riders 21 and older are not legally required to wear a helmet.
So what happens if you’re over 21, weren’t wearing a helmet, and suffered a head injury in a crash that wasn’t your fault?
South Carolina courts have addressed this issue, and the key takeaway is that if you’re over 21, not wearing a helmet is not a violation of any law. You were exercising a legal choice. The insurance company may try to argue that your injuries would have been less severe if you’d worn a helmet, but they carry the burden of proving that. And because no law required you to wear one, the argument is much harder for them to make.
For riders under 21, the situation is more complicated. If you were required to wear a helmet and didn’t, the insurance company will almost certainly use that against you. It could be treated as a factor in South Carolina’s modified comparative negligence analysis, potentially reducing your compensation.
Regardless of your age, Trey always recommends wearing a helmet. But if you weren’t wearing one and you were hurt because someone else was negligent, you still have a right to pursue compensation. Don’t let the insurance company convince you otherwise.
Lane splitting laws in South Carolina
Lane splitting (i.e., riding between lanes of traffic) is illegal in South Carolina. S.C. Code § 56-5-3640(c) specifically states that no person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. Lane filtering (i.e., moving between lanes in stopped traffic) is also prohibited.
However, lane sharing is legal. South Carolina law allows two motorcycles to ride side by side within a single lane.
Lane splitting doesn’t automatically mean you can’t recover compensation. South Carolina follows a modified comparative negligence rule (S.C. Code § 15-38-15), which means you can still pursue a claim as long as your share of fault is 50% or less. Your percentage of fault will reduce your compensation accordingly. The insurance company will absolutely use the lane splitting against you, but it doesn’t erase the other driver’s negligence.
If another driver caused the accident through an illegal turn, failure to signal, or distracted driving, they still bear responsibility for their actions. Trey can evaluate the specifics of your case and give you an honest assessment of how lane splitting might affect your claim.
Insurance challenges unique to motorcycle riders
Dealing with insurance after a motorcycle accident can come with frustrations that car accident clients rarely face.
Lower policy limits are common. South Carolina’s minimum liability insurance requirements are $25,000 per person for bodily injury, $50,000 per accident, and $25,000 for property damage. These minimums are the same for cars and motorcycles, but motorcycle injuries tend to be far more expensive. It’s not uncommon for medical bills to exceed the at-fault driver’s policy limits after a serious motorcycle crash.
Underinsured motorist coverage becomes critical. When the other driver’s insurance isn’t enough to cover your losses, your own underinsured motorist (UIM) coverage kicks in to fill the gap. If you carry UIM coverage, Trey can pursue a claim against your policy in addition to the at-fault driver’s insurance.
Insurance adjusters approach motorcycle claims with skepticism. Adjusters often assume the rider was at fault before they’ve even reviewed the evidence. They’ll look for reasons to blame the motorcyclist, question the severity of injuries, and try to settle quickly for less than the claim is worth.
Property damage disputes are common. Insurance companies frequently undervalue custom parts, aftermarket modifications, and accessories when calculating motorcycle damage. If your bike was totaled, the insurer may offer far less than what it would actually cost to replace it.
Trey knows how insurance companies operate in motorcycle cases and pushes back on these tactics. He makes sure every element of your claim is documented and valued correctly.
Don’t let the insurance company take advantage of you. Call 843-636-8739 for a free consultation.
Common causes of motorcycle accidents in South Carolina
Riders don’t cause most motorcycle accidents. Most accidents are caused by other drivers who aren’t paying attention.
The single most common scenario is a driver making a left turn directly in front of an oncoming motorcycle. The driver either doesn’t see the bike or misjudges its speed, and the rider has almost no time to react. Distracted drivers who are looking at their phones instead of the road are another major cause, along with drivers who fail to check mirrors or blind spots before changing lanes. Trey also sees cases involving drivers who follow too closely and rear-end a motorcycle at a stop, drivers who run red lights or stop signs, and motorists who open car doors into the path of a passing rider.
Road hazards, such as potholes, loose gravel, uneven pavement, metal plates, and debris, can be minor inconveniences for cars but deadly for motorcycles. When these hazards exist because a property owner, construction company, or municipality failed to maintain safe conditions, there may be a separate liability claim.
Defective motorcycle parts, such as tires, brakes, and throttle components, can also cause or contribute to crashes. In those cases, the manufacturer or distributor may be liable in addition to or instead of another driver.
How Trey builds a motorcycle accident case
Trey investigates every motorcycle accident case thoroughly because the details matter, especially when the insurance company is looking for ways to blame the rider.
The investigation starts with gathering evidence: police reports, witness statements, photos of the scene and vehicles, traffic camera footage, and cell phone records (to determine if the other driver was distracted). Trey also works with accident reconstruction professionals when the circumstances of the crash are disputed.
From there, Trey documents the full scope of your injuries and losses, including medical records and bills, documentation of lost wages, evidence of reduced earning capacity, and the impact the injuries have had on your daily life and your family. For severe injuries, Trey consults with medical professionals to project future treatment costs so the settlement reflects not only what you’ve spent but also what you’ll need going forward.
South Carolina’s three-year statute of limitations (S.C. Code § 15-3-530(5)) gives you a window to file a lawsuit, but Trey recommends starting the process as soon as possible. Evidence disappears. Witnesses forget details. Surveillance footage gets recorded over. The sooner Trey can begin investigating, the stronger your case will be.
Why Trey Harrell for your motorcycle accident case
Trey Harrell is a third-generation Charlestonian with deep roots in the South Carolina community. He’s a father of two who understands what it means when an injury upends your family’s life, your finances, and your ability to do the things you love.
Before opening his practice, Trey served as a Federal Prosecutor, which gave him courtroom experience that most personal injury attorneys simply don’t have. He’s comfortable in court, and he’s not bluffing when he tells an insurance company he’ll take a case to trial. That willingness to go the distance changes the way insurance companies negotiate.
Trey gives every client personal attention. He explains the process in plain terms, answers questions, and keeps clients informed at every stage. This isn’t a firm where you get handed off to a paralegal and never hear from the attorney. When you hire Trey, you work with Trey.
Your consultation is free. Trey works on a contingency fee basis, so you pay nothing upfront and nothing at all unless he recovers compensation for you.
Remember, Trey helps. Call 843-636-8739 or contact Trey Harrell today to discuss your motorcycle accident case.
Frequently asked questions about motorcycle accident claims
How long do I have to file a motorcycle accident lawsuit in South Carolina?
You have three years from the date of the accident to file a personal injury lawsuit under South Carolina’s statute of limitations (S.C. Code § 15-3-530(5)). If the accident involved a government entity or government-maintained road, the deadline may be shorter. Don’t wait until the deadline nears. Contact Trey as soon as possible so he can start preserving evidence.
Can I still receive compensation if I wasn’t wearing a helmet?
If you’re 21 or older, South Carolina law does not require you to wear a helmet. Not wearing one is not a legal violation and should not be used to reduce your compensation. Insurance companies may still try to argue it, but Trey knows how to counter those arguments. If you’re under 21, not wearing a required helmet could affect your claim, but it doesn’t necessarily bar you from recovering compensation.
What if the other driver’s insurance isn’t enough to cover my injuries?
This is common in motorcycle cases because the injuries are often expensive. If the at-fault driver’s policy limits are too low, Trey can pursue a claim under your own underinsured motorist (UIM) coverage. This is one reason Trey strongly recommends carrying as much UIM coverage as you can reasonably afford.
I was lane splitting when the accident happened. Do I still have a case?
Lane splitting is illegal in South Carolina, and the insurance company will use that against you. But it doesn’t automatically mean you have no case. Under South Carolina’s modified comparative negligence rule, you can still recover compensation if your share of fault is 50% or less. If the other driver was also negligent (e.g., illegal turn, distracted driving, failure to signal), they still bear some level of responsibility. Trey can evaluate your specific situation.
How much is my motorcycle accident case worth?
It depends on the severity of your injuries, the cost of your medical treatment, how much work you’ve missed, whether you’ll need ongoing care, and the available insurance coverage. Motorcycle cases often involve higher damages than car accident cases because the injuries are typically more severe. Trey offers free consultations and will provide an honest assessment of the value of your case.
How much does it cost to hire a motorcycle accident attorney?
Nothing upfront. Trey works on a contingency fee basis, which means you don’t pay unless he recovers compensation for you. Your initial consultation is completely free. Call (843) 636-TREY to get started.
