Are Motorcycle Riders More Likely To Be Found At Fault In South Carolina?
If you ride a motorcycle in South Carolina, you have probably noticed that drivers often do not pay close enough attention to bikes on the road. What you might not realize is that after a crash, you could also face an uphill battle when it comes to fault. Motorcycle riders are sometimes unfairly blamed for accidents, even when a car driver’s carelessness was the real cause. So how does fault actually work in South Carolina, and what factors tend to get used against riders?
How South Carolina Assigns Fault After an Accident
South Carolina follows a modified comparative negligence standard under S.C. Code § 15-38-15. This means that after an accident, each party can be assigned a percentage of fault. A motorcyclist can still recover compensation as long as they are found to be 50% or less at fault. However, if a rider is determined to be 51% or more responsible for the crash, they lose the right to any recovery at all. Insurance companies are well aware of this cutoff and may work to push a rider’s fault above that threshold.
Why Riders Often Face Bias in Fault Determinations
There is an unfortunate reality that juries and insurance adjusters sometimes hold a bias against motorcycle riders. Riders are often stereotyped as risk-takers, and this perception can color how fault is assigned even before the facts are fully examined. Several factors specific to motorcycle accidents tend to be used against riders, including:
- Helmet use: South Carolina only requires helmets for riders under 21. However, insurers may still argue that an adult rider’s decision not to wear a helmet contributed to the severity of their injuries, even though courts have not consistently applied this theory.
- Speed: Motorcycles are sometimes assumed to be speeding, even without clear evidence.
- Lane position: Riders may be accused of weaving or riding unsafely when they were simply maneuvering legally.
- Visibility: Some crashes occur because drivers fail to see motorcycles at all, yet fault arguments can still emerge about whether the rider did enough to be visible.
- Alcohol: According to the South Carolina Department of Public Safety, alcohol is a contributing factor in a significant number of fatal motorcycle crashes in the state, a statistic that can create a blanket assumption about riders even when alcohol played no role in a particular accident.
What This Means for Your Claim
Being partially blamed for an accident does not automatically end your claim, but it does reduce what you can recover. For example, if a jury finds you 20% at fault and your damages total $200,000, you would recover $160,000. That is why it matters so much how fault is investigated and presented. Evidence like traffic camera footage, witness statements, and accident reconstruction analysis can make the difference between a fair outcome and an unfair one.
It is also worth knowing that the mere fact that a crash involved a motorcycle does not mean the rider was at fault. Many collisions happen because car drivers fail to yield, change lanes without checking, or simply do not see the bike until it is too late.
Talk to a Columbia Motorcycle Accident Attorney at Our Office
At The Stanley Law Group, we understand the challenges motorcycle riders face when seeking fair compensation after an accident. Our Columbia motorcycle accident lawyers fight back against unfair fault assignments and work to build the strongest possible case on your behalf. If you or someone you love was injured in a motorcycle crash, contact us today for a free consultation.
Sources:
scstatehouse.gov/code/t15c038.php
scstatehouse.gov/code/t56c005.php