For many motorcyclists, the open road offers a sense of freedom. Even so, navigating through heavy traffic can be a challenge. When traffic slows to a crawl on busy Greenville roads, it can be tempting to move between lanes of stopped or slow-moving cars. This practice, known as lane splitting, is common in some states, but is it legal here in South Carolina? South Carolina’s law on this topic isn’t a simple ‘yes’ or ‘no.’ It makes a crucial distinction that every motorcyclist should know.
Our motorcycle accident lawyers are here to help you understand your legal options. We offer compassionate legal representation for those injured in motorcycle accidents, helping you focus on your recovery while we handle the legal details.
Understanding Lane Splitting vs. Lane Sharing in South Carolina
In South Carolina, the law makes a clear distinction between two different actions that might seem similar on the surface: lane splitting and lane sharing. It is a distinction that can have a significant impact on your legal standing after an accident.
Lane Splitting is Illegal in South Carolina
Under South Carolina’s traffic laws, motorcycles must stay within their own designated lane and are not allowed to pass between other vehicles. This practice, sometimes called “white-lining” or “stripe-riding,” involves a motorcyclist riding on the lane line to move past other vehicles. It is also illegal to overtake and pass a vehicle in the same lane. If a rider is involved in a collision while lane splitting, it may be argued that they were at fault for the accident, which could complicate any personal injury claim.
Lane Sharing is Permitted
While lane splitting is against the law, South Carolina Code of Laws § 56-5-3640 does allow for lane sharing. Lane sharing means two motorcycles can ride side-by-side, or “two abreast,” within a single lane. Other drivers on the road must still give these motorcyclists the full use of the lane, just as they would a single car.
The Impact of Lane Splitting on an Accident Claim
In South Carolina, we have what is called a “modified comparative negligence” system. Modified comparative negligence dictates that if you are involved in a personal injury case, the amount of money you can receive in damages may be reduced by the percentage of fault you are assigned. For instance, if you are found to be 10% at fault for an accident, your total compensation would be reduced by 10%.
But there is a critical rule: if you are found to be 51% or more at fault for the accident, you cannot recover any compensation at all. Suppose you were lane splitting at the time of an accident. In that case, the other driver’s insurance company or a court may argue that your actions were a primary cause of the crash and could result in you being found 51% or more at fault and disqualifying you from compensation. An accident that occurs during illegal lane splitting can turn a straightforward personal injury claim into a complex and challenging legal battle.
What to Do After a Motorcycle Accident in Greenville
If you are involved in a motorcycle accident in or around Greenville, your actions in the moments and days following the crash are crucial for your health and for any future legal claim. Here are some steps we recommend taking:
- Seek Medical Attention Immediately: Your health is the top priority. Even if you feel fine, injuries like concussions or internal damage may not be immediately apparent. Seeing a doctor creates a record of your injuries
- Contact the Police: An official police report can be a vital piece of evidence and documents the facts of the accident, identifies the parties involved, and often includes the officer’s initial assessment of what happened
- Gather Information: If you can do so safely, collect the other driver’s name, contact information, insurance details, and license plate number. Take photos of the accident scene, including your motorcycle, the other vehicle, and any visible road conditions or landmarks
- Avoid Discussing Fault: Do not admit fault to anyone at the scene, including the other driver, witnesses, or police, and what you say could be used against you later
- Contact a Lawyer: It is critical to speak with an attorney as soon as you can, who can help you understand your rights and guide you through the next steps
How We Can Help
After a serious motorcycle accident, we understand you may be facing physical pain, emotional stress, and financial pressure. We know that insurance companies often try to minimize their payouts, and we use our unique insight from years of experience within the insurance industry to counter those tactics. Our team at Hammack Law Firm approaches every case with empathy and a deep understanding of what you are going through. We know the heavy burden that mounting medical bills and lost income can place on a family.
Our personal injury attorneys provide compassionate legal representation and handle your case with the care and diligence you deserve. We will work to ensure that every avenue for recovery is explored, so you can focus on healing and rebuilding your life. Our goal is to make a real difference in the lives of our clients by providing unwavering support and guidance.
If you or a loved one has been injured in a motorcycle accident in Greenville or anywhere in South Carolina, please do not hesitate to reach out. We put the personal back in personal injury and are available to answer your questions and help you understand your options. Please call us at 864-766-7108 or visit us online to schedule a free consultation.
