Motorcycle Accident Claims in South Carolina
The South Carolina helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: Anyone under 21 may not operate or ride (including as a passenger) a two-wheeled motorized vehicle without a Department of Public Safety-approved helmet with a neck or chin strap, reflectorized on both sides; S.C. Code §§ 56-5-3660, 56-5-3670, 56-5-3680, 56-5-3700
| Motorcycle helmet law | Anyone under 21 may not operate or ride (including as a passenger) a two-wheeled motorized vehicle without a Department of Public Safety-approved helmet with a neck or chin strap, reflectorized on both sides; operators under 21 must also wear approved goggles or a face shield unless the vehicle has an approved windscreen. Riders 21 and older are not required to wear a helmet. Violations are misdemeanors punishable by a fine of up to $100 or up to 30 days. The helmet sections do not address whether not wearing a helmet affects damages. |
|---|---|
| Lane splitting | Banned. No person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane occupied by the vehicle being passed (police officers on duty excepted). Motorcycles are entitled to full use of a lane, and may not ride more than two abreast in a single lane. Source: S.C. Code § 56-5-3640 |
| Minimum car insurance | Auto liability policies must provide at least $25,000 for bodily injury to one person, $50,000 for bodily injury to two or more people in one accident, and $25,000 for property damage. Source: S.C. Code § 38-77-140 |
| Deadline to sue for an injury | Three years for assault, battery, or any injury to the person or rights of another not arising from a contract. Source: S.C. Code § 15-3-530(5) |
More South Carolina personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in South Carolina
- Wrongful Death Lawsuits in South Carolina
- Medical Malpractice Rules in South Carolina
- Car Accident Claims in South Carolina
- Dog Bite Liability in South Carolina
- Sidewalk and Public Property Falls in South Carolina
- Pedestrian Accident Claims in South Carolina
- Bicycle Accident Claims in South Carolina
- Uber and Lyft Accident Claims in South Carolina
- Construction Site Injuries in South Carolina
- All South Carolina personal injury & wrongful death rules
FAQ
Do you have to wear a motorcycle helmet in South Carolina?
Anyone under 21 may not operate or ride (including as a passenger) a two-wheeled motorized vehicle without a Department of Public Safety-approved helmet with a neck or chin strap, reflectorized on both sides; operators under 21 must also wear approved goggles or a face shield unless the vehicle has an approved windscreen. Riders 21 and older are not required to wear a helmet. Violations are misdemeanors punishable by a fine of up to $100 or up to 30 days. The helmet sections do not address whether not wearing a helmet affects damages.
Is lane splitting legal in South Carolina?
Banned. No person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane occupied by the vehicle being passed (police officers on duty excepted). Motorcycles are entitled to full use of a lane, and may not ride more than two abreast in a single lane.
What is the minimum car insurance required in South Carolina?
Auto liability policies must provide at least $25,000 for bodily injury to one person, $50,000 for bodily injury to two or more people in one accident, and $25,000 for property damage.
What is the statute of limitations for personal injury in South Carolina?
Three years for assault, battery, or any injury to the person or rights of another not arising from a contract.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.