Have you recently been involved in a motorcycle accident in Summerville, South Carolina? You’re likely facing overwhelming physical pain, emotional stress, and uncertainty about what comes next.
The moments and days following a motorcycle crash are critical—your actions during this time can significantly impact your recovery and your legal claim. This guide walks you through the essential steps to protect your health, preserve evidence, and safeguard your rights.
Motorcycle accidents carry unique challenges. Riders face greater vulnerability on the road, and injuries tend to be more severe than those in passenger vehicle collisions. Understanding what to do immediately after an accident and in the weeks that follow can make the difference between a successful recovery and a complicated legal battle.
Crantford Meehan has extensive experience helping motorcycle accident victims throughout Summerville recover the compensation they deserve. Contact us online or call (843) 832-1120.
Prioritize Your Safety and Medical Care Immediately
The first moments after a motorcycle accident are the most critical. Your immediate priority must be to ensure your own safety and the safety of others involved.
Move to Safety and Away from Traffic
If you’re able to move and it’s safe to do so, get yourself and your motorcycle away from active traffic. If you’re on a busy road like Highway 17 or Dorchester Road in Summerville, remaining in the roadway puts you at risk of being struck again. Move to the shoulder or a nearby safe location if possible. However, if you’re severely injured or unable to move, stay where you are and wait for emergency responders.
Call 911 for Emergency Medical Assistance
Never skip this step, regardless of how minor your injuries seem. Call 911 immediately or ask someone at the scene to call for you. Emergency responders will provide critical medical care and document the accident. When speaking with the dispatcher, clearly describe:
- Your location
- The number of people injured
- The nature of the accident
This creates an official record of the incident that becomes crucial for your personal injury claim.
Do Not Remove Your Protective Gear at the Scene
Your helmet, jacket, gloves, and other protective gear may be the only things preventing catastrophic injuries. Even if you feel uncomfortable or want to assess your injuries, leave your protective equipment on until medical professionals arrive. They’re trained to safely remove gear while minimizing additional injury. Additionally, your damaged gear serves as evidence of the impact’s force and can be important for your personal injury claim.
Seek Full Medical Evaluation Even If Injuries Seem Minor
Adrenaline is a powerful hormone released by your body. In the immediate aftermath of an accident, your body releases adrenaline, which can mask pain and hide serious injuries. You might feel fine at the scene but develop severe symptoms hours or even days later.
Common hidden injuries include:
Injuries such as these often don’t show symptoms immediately. Always accept transport to the hospital or urgent care facility if offered by emergency responders. If you refuse transport, seek medical evaluation within 24 hours anyway. Tell the medical professionals about every symptom you’re experiencing, no matter how minor it seems, because there may be delayed injuries of which you are not aware.
Document All Injuries, No Matter How Small
During your medical evaluation, inform healthcare providers about every injury you’ve sustained:
- Broken bones
- Lacerations
- Bruises
- Headaches
- Neck pain
- Back pain
- Numbness
- Tingling
- Any other symptom
Request detailed medical records that document all injuries identified during the examination. These records become essential evidence for your personal injury claim and establish a clear timeline of your injuries.
Report the Accident to Law Enforcement
An official police report creates a documented record of the accident. This is essential for your insurance claim and any legal action.
Call Police to File an Official Accident Report
If emergency responders haven’t already called police, contact the Summerville Police Department or the Dorchester County Sheriff’s Office to report the accident. If no officer responds in South Carolina, you’re required to report accidents using Form FR-309 if the accident involves injury or property damage exceeding $1,000. Most motorcycle accidents meet this threshold.
Provide Accurate Information to Responding Officers
When police arrive, please provide them with accurate, factual information about what happened. Stick to what you directly observed and experienced.
Do NOT:
- Speculate about fault
- Say “I think the other driver didn’t see me”
- Say “I was probably going too fast”
- Admit responsibility
Instead, describe:
- Where were you traveling
- What were you doing
- What the other vehicle did
- How the collision occurred
Obtain the Police Report Number for Your Records
Before officers leave the scene, ask for:
- The police report number
- The name of the investigating officer
- The badge number of the investigating officer
This information allows you to obtain a copy of the official report later, which you’ll need for insurance claims and legal proceedings.
Request Contact Information for the Investigating Officer
Get the officer’s contact information so you can follow up if you have additional information or questions about the report. If you remember details after the officer leaves, you can provide that information to them.
South Carolina Code Section 56-5-1260 Requires Accident Reporting
South Carolina law Section 56-5-1260 requires drivers involved in accidents resulting in injury or property damage exceeding $1,000 to report the accident to law enforcement. Failure to report can result in additional legal consequences. By reporting promptly, you comply with state law and create an official record that supports your claim.
Gather and Document Evidence at the Scene
Evidence collected at the accident scene is invaluable for establishing what happened and determining fault. This evidence often disappears or becomes unavailable as time passes.
Take Photos and Videos of the Accident Scene from Multiple Angles
Use your phone or ask someone at the scene to photograph and video the accident location. Capture images from multiple angles showing:
- The overall accident scene and road layout
- Your damaged motorcycle
- The other vehicle(s) involved and their damage
- Road conditions (wet pavement, debris, potholes, etc.)
- Traffic signals and signs
- Skid marks or other evidence of how the accident occurred
- The final resting positions of all vehicles
Video footage is particularly valuable because it captures the scene in context and shows spatial relationships between vehicles and road features.
Photograph Vehicle Damage, Road Conditions, Traffic Signals, and Hazards
Close-up photos of vehicle damage help establish the point of impact and the force involved. Photos of road conditions document whether the pavement was wet, had debris, or had defects that contributed to the accident. Images of traffic signals show what signals were displaying at the time. Photos of hazards like broken guardrails, poor visibility, or dangerous road design can be relevant to your claim.
Collect Witness Names, Phone Numbers, and Email Addresses
Eyewitness testimony is powerful evidence. Ask anyone who witnessed the accident to provide:
- Their name
- Phone number
- Email address
- A brief statement about what they saw
- Their driver’s license information (if possible)
Witnesses often disappear after accidents, making it difficult to obtain their statements later. Collect this information while they’re still at the scene.
Exchange Insurance and Contact Information with Other Parties
Get the other driver’s:
- Name
- Phone number
- Address
- Driver’s license number
- Vehicle information (make, model, year, color, license plate)
- Insurance company name
- Policy number
- Agent’s contact information
This information is essential for filing insurance claims.
Note the Date, Time, Weather Conditions, and Road Surface
Document:
- When the accident occurred
- Weather conditions (rain, fog, clear skies, etc.)
- Road surface conditions (asphalt, concrete, gravel, etc.)
These details help establish whether weather or road conditions contributed to the accident.
Evidence Preservation Is Critical for Your Claim
The evidence you collect at the scene may be the only documentation of how the accident occurred. Insurance companies and opposing parties may dispute your account of events. Physical evidence—photos, videos, and witness statements—provides objective proof that supports your version of what happened.
Notify Your Insurance Company Promptly
Your insurance company needs to know about the accident, but how you communicate with them matters significantly.
Contact Your Insurance Provider Within 24 Hours
Review your insurance policy to understand your obligations. Most policies require you to report accidents within a specific timeframe, often 24 to 48 hours. Contact your insurance agent or the company’s claims department to report the accident. Have your policy number and the police report number available when you call.
Provide Factual Information About the Accident
When speaking with your insurance company, provide factual, straightforward information about what happened. Describe the accident objectively without editorializing or speculating. Stick to verifiable facts:
- Locations
- Times
- Vehicle descriptions
- Sequence of events
Avoid Admitting Fault or Discussing Settlement Amounts
Do not admit fault for the accident, even if you think you might be partially responsible. Statements like “I should have been paying more attention” or “I was probably going too fast” can be used against you later. Similarly, don’t discuss settlement amounts or accept settlement offers at this stage. You don’t yet know the full extent of your injuries or damages.
Keep Records of All Communications with Your Insurer
Document every conversation with your insurance company:
- Write down the date and time
- Note the person you spoke with
- Record what was discussed
- Save all written communications (emails and letters)
These records protect you if disputes arise later about what was reported or agreed upon.
Understand Your Policy Coverage Limits and Deductibles
Review your insurance policy to understand:
- What coverage you have
- What your deductibles are
- What your coverage limits are
This information helps you understand what your insurance will pay and what additional recovery you might need to pursue through a personal injury claim.
Avoid Common Mistakes That Damage Your Claim
Many accident victims inadvertently damage their claims by making preventable mistakes in the days and weeks following an accident.
Do Not Post About the Accident on Social Media
Resist the urge to post about your accident on Facebook, Instagram, Twitter, or other social media platforms. Insurance companies and opposing attorneys monitor social media accounts. Posts about your accident, your injuries, your activities, or your feelings can be taken out of context and used to minimize your claim. Even seemingly innocent posts like “Feeling better today!” or photos showing you doing everyday activities can be misinterpreted as evidence that your injuries aren’t serious.
Do Not Discuss the Accident with the Other Driver’s Insurance Company Without Legal Representation
The other driver’s insurance company will likely contact you seeking a statement about the accident. Their goal is to minimize their liability and the amount they pay. Anything you say can be used against you. Politely decline to give a recorded statement and refer them to your attorney. If you don’t yet have an attorney, you can say, “I’m not comfortable discussing this without legal representation.”
Do Not Sign Documents or Accept Settlement Offers Without Attorney Review
Insurance companies sometimes pressure accident victims to sign releases or accept settlement offers quickly. Don’t sign anything without having an attorney review it first. Signing a release might prevent you from pursuing additional compensation later if your injuries prove more serious than initially apparent.
Do Not Delay Seeking Medical Treatment
Continuing to seek medical care is essential for your health and your claim. Gaps in medical treatment can be interpreted as evidence that your injuries weren’t serious. Follow your doctor’s recommendations for treatment, attend all appointments, and continue care as long as your injuries require it.
Do Not Dispose of Damaged Clothing or Protective Gear
Your damaged helmet, jacket, gloves, and other gear are evidence of the accident’s force and severity. Keep all damaged items. Your attorney may want to preserve them or present them as evidence of the impact of the violence.
Understand South Carolina’s Motorcycle Accident Laws
South Carolina has specific laws governing motorcycle accidents and personal injury claims that affect your rights and recovery.
SC Follows Comparative Negligence Rules
South Carolina uses a “comparative negligence” system. This means you can recover damages even if you’re partially at fault for the accident, as long as you’re less than 50% responsible.
Example: If you’re found to be 30% at fault and the other driver is 70% at fault, you can recover 70% of your damages. However, if you’re found to be 50% or more at fault, you cannot recover anything.
This system protects accident victims who bear some responsibility for the accident but were not the primary cause. However, it also means the other party will likely argue that you share blame to reduce what they owe you. Learn more about how comparative negligence affects accident settlements in Summerville.
You Have 3 Years From the Accident Date to File a Personal Injury Claim
South Carolina’s statute of limitations for personal injury claims is three years from the date of the accident. This means you have three years to file a lawsuit if you cannot reach a settlement with the insurance company. If you miss this deadline, you lose your right to pursue a claim, regardless of the merits of your case.
Don’t wait until the last minute to pursue your claim. The sooner you begin the process, the sooner evidence can be preserved and witnesses can be interviewed while memories are fresh.
Report the Accident to the SC Department of Motor Vehicles Within 15 Days
If the accident involves injury or property damage exceeding $1,000, you must report it to the South Carolina Department of Motor Vehicles within 15 days. This is separate from reporting to police. Failure to report can result in license suspension. Your attorney can help ensure this requirement is met.
Helmet Requirements and Their Impact on Liability
South Carolina helmet laws require motorcycle riders under age 21 to wear helmets. Riders 21 and older may choose whether to wear a helmet. If you weren’t wearing a helmet at the time of the accident, the other party may argue that your failure to wear a helmet contributed to your injuries. However, not wearing a helmet doesn’t eliminate the other driver’s liability for the accident itself—it may only affect the amount of damages you can recover for head injuries.
Crantford Meehan Handles Motorcycle Accident Cases Throughout Summerville and Dorchester County
Crantford Meehan has extensive experience handling motorcycle accident cases in Summerville and throughout Dorchester County. Our attorneys understand South Carolina’s motorcycle accident laws and how insurance companies approach these claims. We’ve recovered significant compensation for motorcycle accident victims, including a $1 million settlement for clients struck by an 18-wheeler on I-26 near Summerville.
Seek Legal Representation for Your Motorcycle Accident Claim
While you can technically handle an insurance claim on your own, having an experienced motorcycle accident attorney dramatically improves your outcome.
An Experienced Motorcycle Accident Attorney Protects Your Rights
Insurance companies have teams of adjusters and attorneys working to minimize what they pay. You deserve representation that matches their resources. An experienced motorcycle accident attorney understands insurance company tactics and knows how to counter them. They protect your rights throughout the claims process and ensure you’re not taken advantage of.
Attorneys Handle Insurance Negotiations and Settlement Discussions
Your attorney communicates with insurance companies on your behalf, removing you from direct negotiations where you might say something damaging to your claim. Attorneys know what settlements are reasonable for injuries like yours and can negotiate aggressively to maximize your recovery.
Legal Representation Increases Claim Value and Recovery Potential
Studies consistently show that accident victims who hire attorneys recover significantly more than those who handle claims alone. An attorney’s involvement signals to insurance companies that you’re serious about your claim and willing to pursue litigation if necessary. This often motivates insurers to offer better settlements.
Crantford Meehan Offers Free Consultations for Motorcycle Accident Victims
Crantford Meehan provides free consultations to discuss your motorcycle accident claim. During your consultation, we’ll:
- Review what happened
- Explain your rights
- Discuss your options
- Answer your questions
There’s no obligation, and you’ll have a clear understanding of how we can help.
Contingency Fee Structure Means No Upfront Costs
We handle motorcycle accident cases on a contingency fee basis, meaning we only get paid if you recover compensation. You don’t pay attorney fees upfront or out of pocket. This arrangement aligns our interests with yours—we’re motivated to maximize your recovery because our fee depends on it.
Next Steps: Building Your Motorcycle Accident Case
Once you’ve taken immediate action following your accident, the next phase involves building a strong case for maximum compensation.
Organize All Medical Records and Treatment Documentation
Gather all medical records, bills, and documentation related to your injuries and treatment:
- Emergency room records
- Hospital discharge summaries
- Doctor’s notes
- Physical therapy records
- Prescription records
- Imaging studies (X-rays, MRIs, CT scans)
Organize these chronologically so your attorney can review your complete medical history.
Maintain a Detailed Injury Journal Documenting Pain and Recovery
Keep a daily journal documenting:
- Your pain levels
- Limitations you experience
- How your injuries affect your daily life
- Your recovery progress
- Specific activities you can’t do because of your injuries
- How long does recovery take
- Any setbacks
This journal provides robust evidence of your suffering and helps establish the value of your claim.
Preserve All Accident-Related Communications and Evidence
Keep all of the following in one organized location:
- Photos and videos
- Police reports
- Insurance correspondence
- Medical records
- Witness statements
- Text messages and emails related to the accident
- Social media posts related to the accident
- Your damaged motorcycle
- Your protective gear
All of this evidence may be needed for your claim. Check out this blog to find more on the Best Ways to Track Medical Expenses.
Schedule a Free Consultation with Crantford Meehan
Contact Crantford Meehan to schedule your free consultation. Our attorneys will review your case, answer your questions, and explain how we can help you recover the compensation you deserve.
Call us at (843) 832-1120 or visit our Summerville office at 136 W Richardson Ave, Summerville, SC 29483.
Contact Information and CTA for Legal Assistance
Don’t handle your motorcycle accident claim alone. The experience of Crantford Meehan as experienced trial attorneys has recovered millions for injured clients. We understand the unique challenges of motorcycle accident cases and know how to build strong claims that maximize compensation.
Contact Crantford Meehan Today
Phone: (843) 832-1120
Email: info@mcmlawsc.com
Summerville Office: 136 W Richardson Ave, Summerville, SC 29483
Charleston Office: 50 Folly Road Blvd, Charleston, SC 29407
Our attorneys are available 24 hours a day to discuss your case. We serve clients throughout South Carolina, including Summerville, Charleston, North Charleston, and surrounding areas.
Frequently Asked Questions About Motorcycle Accidents in Summerville, SC
What should I do immediately after a motorcycle accident in Summerville?
Prioritize safety first. Move to a safe location away from traffic if possible, call 911 for emergency assistance, and seek medical evaluation even if you feel fine. Document the scene with photos and videos, collect witness information, and exchange contact and insurance information with other parties. Report the accident to police and your insurance company within 24 hours.
How long do I have to file a motorcycle accident claim in South Carolina?
You have three years from the date of the accident to file a personal injury lawsuit in South Carolina. However, don’t wait until the last minute. The sooner you pursue your claim, the sooner evidence can be preserved and witnesses can be interviewed while memories are fresh. Insurance claims should be reported within 24 hours.
Should I talk to the other driver’s insurance company?
No. Politely decline to give a recorded statement to the other driver’s insurance company. Anything you say can be used against you to minimize their liability. Refer them to your attorney. If you don’t have an attorney yet, simply say you’re not comfortable discussing the accident without legal representation.
What damages can I recover in a motorcycle accident case?
You can recover:
- Economic damages: Medical expenses, lost wages, property damage
- Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life
- Punitive damages: In cases involving gross negligence or intentional conduct
An attorney can help determine what damages apply to your specific situation.
Do I need a lawyer for my motorcycle accident claim?
While not legally required, hiring an attorney significantly improves your outcome. Studies show that accident victims with attorneys recover substantially more than those handling claims alone. An attorney protects your rights, negotiates with insurance companies, and ensures you receive fair compensation.
What is South Carolina’s comparative negligence law?
South Carolina allows you to recover damages even if you’re partially at fault for the accident, as long as you’re less than 50% responsible. Your recovery is reduced by your percentage of fault.
Example: If you’re 20% at fault, you recover 80% of your damages. If you’re 50% or more at fault, you cannot recover anything.
How much is my motorcycle accident case worth?
The value of your case depends on several factors:
- The severity of your injuries
- Your medical expenses
- Lost wages
- Pain and suffering
- Permanent disability or disfigurement
- The strength of liability evidence
An attorney can evaluate your specific case and provide an estimate of its value based on similar cases and settlement data.
Why Choose Crantford Meehan for Your Motorcycle Accident Claim
Crantford Meehan has recovered millions for injured clients throughout South Carolina. Our attorneys bring focused trial advocacy training and extensive experience handling motorcycle accident cases.
Our Attorneys’ Qualifications
William C. Crantford and Jerry A. Meehan Jr. are both AV Preeminent rated by Martindale-Hubbell, the highest peer rating for legal ability and ethical standards. Both attorneys are admitted to practice in:
- South Carolina state court
- U.S. District Court for the District of South Carolina
- U.S. Court of Appeals for the Fourth Circuit
Our Track Record
We’ve recovered significant compensation for motorcycle and motor vehicle accident victims, including:
- $2.35 million settlement for a tractor-trailer rear-end collision on I-26
- $1 million settlement for clients struck by an 18-wheeler on I-26 near Summerville
- Numerous six-figure settlements for motorcycle and auto accident injuries
Our Commitment
We handle cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. We’re available 24 hours a day to discuss your case. We serve clients throughout South Carolina from our offices in Florence, Charleston, and Summerville.
Contact Crantford Meehan Today
If you’ve been injured in a motorcycle accident in Summerville, South Carolina, don’t wait to seek legal help. The sooner you contact an attorney, the sooner we can begin protecting your rights and building your case.
Call Crantford Meehan at (843) 832-1120 for your free consultation.
We’re here to help you recover the compensation you deserve.
