What Is a Motorcycle Accident Case in Charleston, SC?

Hurt in a Charleston motorcycle accident? Roden Law's King Street lawyers handle South Carolina motorcycle accident claims. Free consultation, no fee unless we win.

— Reviewed by Graeham C. Gillin, Partner, COO at Roden Law ·

Key Takeaways

If you were injured in a motorcycle accident in Charleston, South Carolina law gives you three years from the date of the crash to file a lawsuit (S.C. Code § 15-3-530), or generally two years if the vehicle that hit you belonged to a government entity such as the City of Charleston or SCDOT (S.C. Code § 15-78-110). South Carolina uses modified comparative negligence: you can recover if you are 50% or less at fault, with your award reduced by your share (Nelson v. Concrete Supply Co.). Riders 21 and older are not required to wear a helmet (S.C. Code § 56-5-3660), and every motorcycle is entitled to the full use of its lane (S.C. Code § 56-5-3640). Roden Law's Charleston office at 127 King Street handles motorcycle accident cases on contingency: the consultation is free and there is no fee unless we win.

Visit Our Charleston Office

Roden Law — Charleston 127 King Street, Suite 200, Charleston, SC 29401

Getting here: Our Charleston office is downtown at 127 King Street, Suite 200, between Broad and Queen streets, about a block from the Charleston County Judicial Center. From I-26 East, take Exit 221B onto Meeting Street heading south toward Broad Street. From Mount Pleasant, cross the Ravenel Bridge and follow US-17 S to the Meeting Street exit. Street and garage parking available nearby.

Why Hire Roden Law After a Charleston Motorcycle Accident

Riders are often blamed for crashes they did not cause. The other driver’s insurer may assume you were speeding or weaving, and it may treat a missing helmet as the whole story. A motorcycle claim is won by showing what actually happened, and much of that evidence, such as video, the scene and the bike itself, does not last long.

  • No fee unless we win. The consultation is free, and you pay nothing up front.
  • A South Carolina lawyer on your case. Your case is handled under South Carolina law by attorneys licensed here, from our office at 127 King Street.
  • Evidence preserved early. We work to secure video, the crash report, witness accounts and your damaged bike and gear before they are lost or repaired.
  • The full value of the claim. Medical care, lost income, pain and suffering, and the bike, riding gear and aftermarket parts.

Where Charleston Motorcycle Crashes Happen

Charleston’s riding season runs most of the year, and bikes share the same roads as port trucks, commuters and beach traffic.

I-26 and I-526

The interstates carry fast, heavy traffic through North Charleston, where frequent merges and lane changes leave little room for a driver who fails to check a blind spot. For crashes near the port and North Charleston, our North Charleston office at 2703 Spruill Avenue is closer.

Dorchester Road and Rivers Avenue

These are busy commercial corridors with many driveways and turning lanes. See motorcycle accidents on Dorchester Road.

US-17: the Ravenel Bridge and Savannah Highway

US-17 carries riders over the Arthur Ravenel Jr. Bridge into Mount Pleasant and through West Ashley on Savannah Highway.

Folly Road and Maybank Highway

The routes to Folly Beach, James Island and Johns Island draw riders on weekends, along with visitors unfamiliar with the roads.

How Motorcycle Crashes Happen

Many crashes happen when a driver turns left across a rider’s path, pulls out from a side street or driveway, or changes lanes into a motorcycle they did not see. Others involve rear-end collisions, road hazards or a vehicle that leaves the scene. See hit-and-run motorcycle accidents and single-vehicle motorcycle crashes, and for what to do in the days after a crash, mistakes to avoid after a motorcycle accident and gathering evidence after a motorcycle accident.

South Carolina Rules That Shape a Motorcycle Claim

Your right to the lane

South Carolina law entitles every motorcycle to the full use of a lane, and no driver may operate a vehicle in a way that deprives a motorcycle of it, except when motorcycles ride two abreast in the lane (S.C. Code § 56-5-3640). The same section prohibits riding between lanes of traffic or rows of vehicles, and riding more than two abreast in a single lane.

Helmets

South Carolina requires a helmet only for operators and passengers under 21 (S.C. Code § 56-5-3660). If you were 21 or older, riding without a helmet broke no law. Insurers sometimes raise it anyway, which is one more reason to have the evidence of how the crash happened.

Vehicles owned by a city, county or state agency

If a City of Charleston, Charleston County or SCDOT vehicle caused the crash, the South Carolina Tort Claims Act applies. Suit must be filed within two years of when the loss was or should have been discovered (S.C. Code § 15-78-110). Filing a verified claim with the agency within one year is optional and extends that period to three years (S.C. Code § 15-78-80). Recovery against a government entity is capped at $300,000 per person and $600,000 per occurrence, with no punitive damages (S.C. Code § 15-78-120). See government vehicle accidents.

Your own coverage

Every South Carolina auto policy must include uninsured motorist coverage (S.C. Code § 38-77-150), and insurers must offer underinsured motorist coverage (S.C. Code § 38-77-160). Because injuries in motorcycle crashes are often severe, your own UM or UIM coverage can matter when the at-fault driver’s policy is not enough.

Where your case would be filed

Most Charleston County motorcycle accident lawsuits are filed in the Court of Common Pleas at the Charleston County Judicial Center, 100 Broad Street, about a block from our King Street office. For how South Carolina motorcycle settlements are valued, see South Carolina motorcycle accident settlement value, and for crashes elsewhere in the state, our South Carolina motorcycle accident lawyers. If you were in a car rather than on a bike, see our Charleston car accident lawyers.

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What to Do After a Motorcycle Accident in Charleston, SC

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. South Carolina law requires you to notify police immediately after a crash that injures or kills anyone (S.C. Code § 56-5-1260). If no officer investigated a crash involving injury or $1,000 or more in property damage, the driver or owner must file a written report with the DMV within 15 days (S.C. Code § 56-5-1270). Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

South Carolina Motorcycle Accident Law

Statute of Limitations 3 years (S.C. Code § 15-3-530)
Comparative Fault Modified — recover if less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991))

Filing a Personal Injury Case in Charleston

A personal injury case from downtown Charleston is usually filed in the Charleston County Court of Common Pleas at 100 Broad Street, through the South Carolina Judicial Branch’s e-filing system. Most contested cases go to mediation under the South Carolina ADR Rules before trial.

Charleston’s peninsula geography concentrates risk on a few well-known corridors: the Crosstown (US-17 / Septima P. Clark Parkway), the Arthur Ravenel Jr. Bridge to Mount Pleasant, and the dense tourist grid around King and Market Streets, where rideshare drop-offs and carriage tours mix with out-of-state drivers. Serious-injury patients from peninsula crashes are typically taken to MUSC Health University Medical Center (171 Ashley Ave), an adult and pediatric Level I trauma center.

Under South Carolina law, you have 3 years to file under S.C. Code § 15-3-530, and you can recover only if you are less than 51% at fault.

Do I Have a Motorcycle Accident Case in Charleston?

Motorcycle cases follow the same negligence rules as car cases, but riders often have to overcome an insurer’s assumption that the rider was to blame. South Carolina requires helmets only for riders under 21 under S.C. Code § 56-5-3660. South Carolina’s 51% comparative-fault bar applies, with 3 years to file under S.C. Code § 15-3-530.

Types of Compensation in South Carolina Motorcycle Accident Cases

Injuries in motorcycle crashes are often severe — traumatic brain injury, road rash, fractures, and limb loss — so pain and suffering and the cost of future care often carry the case. An at-fault driver’s policy may not cover injuries this serious, which makes your own coverage matter. Every South Carolina auto policy must include uninsured motorist coverage (S.C. Code § 38-77-150), and insurers must offer underinsured motorist coverage (S.C. Code § 38-77-160). Motorcycle-specific damages can also include the value of the bike, riding gear, and aftermarket modifications.

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Roden Law Charleston Motorcycle Accident Lawyers Results at a Glance

$300M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating across 170+ verified Google reviews from our six offices
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 6 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated August 2026.

Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Graeham C. Gillin, Partner, COO at Roden Law

Graeham C. Gillin

Partner, COO

Frequently Asked Questions

Contact Our Charleston Office Today

If you were injured in Charleston and believe another party is at fault, contact us for a free, no-obligation review. Call (843) 790-8999 — no upfront cost.