Frequently Asked Questions About Motorcycle Accidents in Lexington,SC
Legally Reviewed by Stephen Vicari: Sep 20, 2026
Motorcycle accidents generate more questions than almost any other type of personal injury event, because they are more complicated legally, more severe physically, and more financially devastating than the average car crash. Riders and their families who have never handled a serious injury claim deserve straightforward, accurate answers, not a runaround.
Attorney Stephen Vicari has spent more than ten years representing injured motorcyclists across Lexington County as a licensed member of the South Carolina Bar, giving clients direct access to their attorney from the first meeting forward, honest answers at every stage, and advocacy that continues until the case is resolved.
The FAQ below on motorcycle accidents covers the questions our clients ask most frequently about their rights under South Carolina law. For answers specific to your situation, call Stewart Law Offices today for a free, confidential consultation.
How dangerous are motorcycles compared to other vehicles on Lexington County roads?
Significantly more dangerous; the data is unambiguous. In 2021, South Carolina recorded 161 motorcyclist fatalities, with one rider dying every three days. Nationally, motorcyclists account for approximately 16 percent of all traffic fatalities despite representing less than one percent of vehicle miles traveled. Motorcyclist fatalities in the United States increased 28 percent from 2018 to 2023, climbing from 4,985 to 6,364 deaths.
The vulnerability is structural. No crumple zone, no airbags, no seatbelt, and no surrounding frame to absorb crash energy. Even a properly helmeted, properly geared rider absorbs the full force of any collision, typically through direct contact with pavement, other vehicles, or fixed objects. A Lexington Motorcycle Accident Lawyer understands these structural vulnerabilities and uses them to establish the severity of injuries caused by even moderate-speed collisions.
What are the most common causes of motorcycle accidents in Lexington, South Carolina?
SCDPS data covering 2017 through 2021 identifies driving too fast for conditions as the single leading cause of motorcycle crashes in South Carolina. Failure to yield the right of way ranked second, and driving under the influence ranked third.
The Federal Highway Administration’s Motorcycle Crash Causation Study found that other vehicle drivers, not motorcyclists, were the primary contributing factor in the majority of crashes. Specifically, 70 percent of the studied crashes involved inadequate traffic scanning by the other driver, 63 percent involved unsafe acts by the other driver, and 83 percent involved no collision-avoidance action by the other driver before impact.
Additional common causes include distracted driving, left-turn collisions, lane changes without checking blind spots, aggressive driving, poor road conditions, and defective motorcycle parts. When you hire a Lexington Motorcycle Accident Lawyer from Stewart Law Offices, we investigate each of these contributing factors to establish liability and maximize your recovery.
What types of injuries do motorcycle accident victims most commonly suffer in Lexington, SC?
Because riders have no structural protection, motorcycle accident injuries are disproportionately severe compared to those in car crashes. The most common injuries include:
- Traumatic brain injuries
- Spinal cord injuries that can produce partial or complete paralysis
- Multiple bone fractures, including compound fractures of the legs, pelvis, ribs, collarbone, and wrists
- Road rash and degloving injuries requiring skin grafting
- Internal organ damage and hemorrhage
- Crush injuries and amputations in severe crashes
- PTSD and lasting psychological trauma
South Carolina secondary roads, which carry the highest volume of motorcycle crashes in the state, generate particularly severe injuries because speed differentials between motorcycles and other traffic, combined with limited shoulder space, leave little margin in a collision.
Are motorcyclists in South Carolina required to wear helmets?
South Carolina law requires all motorcycle riders under the age of 21 to wear a helmet. Riders 21 and older are not legally required to wear one, though the SC Department of Public Safety and SCDMV strongly recommend helmet use for all riders.
The absence of a helmet does not eliminate a rider’s right to pursue a personal injury claim. However, if you were not wearing a helmet and suffered head injuries, the at-fault driver’s insurer may argue that some head injuries were worsened by the absence of protective gear, potentially seeking a proportional reduction in compensation for those specific injuries under South Carolina’s modified comparative negligence framework. An experienced Lexington motorcycle accident lawyer addresses this argument directly with medical expert testimony and demonstrates that your lack of a helmet does not excuse the other driver’s negligence.
Can I be injured in a motorcycle accident even at low speeds?
Yes. Even crashes at 20 to 30 mph produce forces that can cause severe injury to an unprotected rider. The combination of being thrown from the bike, striking pavement or a fixed object, and sliding on the road surface at speed creates trauma that would be largely absorbed by a car’s frame and restraints in an equivalent crash. Low-speed dooring accidents in commercial areas along US-1 in Lexington have resulted in serious road rash injuries, fractures, and TBIs that required extensive treatment.
What does South Carolina’s modified comparative negligence rule mean for my motorcycle accident claim?
South Carolina follows modified comparative negligence under SC Code § 15-38-15. This rule means:
- Your compensation is reduced proportionally by your assigned percentage of fault
- If you are found 51% or more at fault, you recover nothing
For example, if a jury awards $400,000 in damages and assigns you 20% of fault for speeding, you recover $320,000. If the insurer succeeds in assigning you 51% of fault, you receive nothing.
Insurance companies understand this rule thoroughly and routinely attempt to inflate a motorcyclist’s assigned fault percentage, blaming the rider for not wearing bright clothing, for lane positioning, and for speed, specifically to reduce or eliminate their liability. This is one of the most important reasons to retain an attorney before making any statement to the at-fault driver’s insurer.
What if the driver who hit me was driving a company vehicle during work hours?
When the at-fault driver was operating a vehicle in the course and scope of their employment, making deliveries, traveling between job sites, or conducting company business, the employer may be vicariously liable under the doctrine of respondeat superior. This dramatically increases the potential sources of insurance coverage available to you, because commercial general liability policies and commercial auto policies typically carry far higher limits than an individual’s personal auto policy.
Our attorneys investigate the employment relationship and the nature of the driver’s activity at the time of the crash in every motorcycle accident case involving a commercial or fleet vehicle in Lexington County.
Can I pursue a claim against a motorcycle manufacturer if a defective part caused my crash?
Yes. Product liability claims against manufacturers, distributors, or retailers of defective motorcycle parts are available in South Carolina when a design defect, manufacturing flaw, or failure to warn caused or contributed to the crash. Common defective part claims involve failed brakes, tire blowouts caused by manufacturing defects, throttle assembly failures, and faulty lighting equipment. These claims can be pursued independently of, or simultaneously with, a negligence claim against another driver.
Can I release my medical records to the other driver’s insurance company?
No, not without consulting your attorney first. The at-fault driver’s insurer does not have an automatic right to your complete medical history. When you sign a broad medical records release, you typically authorize access to records well beyond those directly related to your motorcycle accident injuries. Insurers use pre-existing conditions, prior injuries, and unrelated medical history to dispute causation and limit compensation.
Your attorney manages medical record production, providing only the specific records relevant to your claim while protecting your privacy and legal interests.
How does a delay in seeking medical treatment affect my motorcycle accident claim?
It damages it, often significantly. There are two specific problems a treatment gap creates. First, insurance companies argue that if you were truly injured, you would have sought treatment sooner, using the delay as evidence that your injuries were minor or non-existent. Second, they argue that whatever condition you eventually present with could have developed from a cause other than the crash during the gap period.
If you have already delayed treatment, the most important thing to do is see a doctor immediately and tell your provider the exact date, time, and circumstances of the motorcycle crash. Your attorney can work with medical experts to establish causation even with a treatment gap, but a same-day evaluation is always the stronger position.
What if the at‑fault driver was uninsured or fled the scene?
When a driver is uninsured or leaves the scene, many riders can turn to their own uninsured/underinsured motorist (UM/UIM) coverage, which is included in many motorcycle insurance policies. After a hit‑and‑run or uninsured crash, you should still call the police, document the scene, seek medical care, and notify your insurer promptly. An attorney can help you file a UM/UIM claim, gather evidence to show another vehicle was involved, and negotiate with your own insurer if there are disputes about coverage or fault.
Should I talk to the other driver’s insurance company after my motorcycle accident?
Not before speaking with an attorney. The at-fault driver’s insurer will contact you quickly, sometimes within hours of the crash, and ask for a recorded statement. Do not agree to this. Insurance adjusters are professionally trained to ask questions designed to elicit statements that minimize your injuries, suggest you contributed to the crash, or create inconsistencies with your later medical records.
You have no legal obligation to give the other driver’s insurer a recorded statement. Direct all communications to your attorney from day one.
What does it cost to hire a Lexington County motorcycle accident lawyer at Stewart Law Offices?
Nothing upfront. Stewart Law Offices handles all motorcycle accident cases on a contingency fee basis, meaning you pay no attorney fees unless and until we recover compensation for you. There are no hourly charges, no retainer fees, and no hidden costs. Our fee comes from the recovery we obtain on your behalf. If we do not win, you owe us nothing.
This arrangement ensures that every injured motorcyclist in Lexington County has access to experienced legal representation regardless of their financial situation, and it aligns our interests directly with yours: maximizing your total recovery.