Attorney Bobby Jones of Bobby Jones Law explains motorcycle accidents vs. car accidents and how they differ in South Carolina.
Six Key Differences Between Motorcycle and Car Accidents
1. Injury severity in motorcycle accidents vs. car accidents
JD Power reports that 80% of motorcycle accidents result in injury. By comparison, 20% of car accidents result in physical injury. While only 3% of registered vehicles are motorcycles, 5% of traffic deaths involve a motorcycle.
If you’re a motorcyclist and you’re in an accident, there’s a good chance of serious injury.
When it comes to compensation for an accident, it doesn’t matter whether the person is a motorcyclist or in a passenger vehicle or that the person’s injuries may have been less serious if they had been in a passenger vehicle. There is a saying in tort law—a defendant takes their victim as they find them. It’s called the eggshell skull rule. If another party is legally responsible for the car accident, the tort claim is not mitigated by the fact that the victim was riding a motorcycle rather than in a car.
Note: There is an exception if the rider is required to wear a motorcycle helmet (under age 21 in South Carolina) and wasn’t wearing one. In that case, recovery from injuries may be limited.
2. Traffic laws for cars vs. motorcycles
There are differences in traffic laws for cars vs. motorcycles that may be important in the event of an accident. For example, S.C. Code § 56-5-3640 allows motorcyclists to share a lane when they can do so safely. Passenger cars sharing a single lane of travel would almost certainly be negligence.
In addition, there are different requirements for passenger cars and motorcycles when it comes to required equipment for safe operation, such as lights and footrests.
In evaluating the actions of each party for negligence, these differences may be critical.
3. Insurance differences
An important part of any motorcycle accident claim is collecting compensation. Motorcycle insurance is different from vehicle insurance in a few ways. Motorcycle insurance may cover only the motorcyclist unless the motorcyclist opts for guest passenger insurance. Car insurance typically covers everyone in a vehicle, while guest passenger coverage is optional for motorcycles in South Carolina.
In South Carolina, minimum auto insurance amounts apply to all registered vehicles. Motorcyclists must have the same $25,000 per person, $50,000 per accident, and $25,000 in property damage that cars must carry.
Florida, Montana, and New Hampshire do not require motorcycle insurance as of 2024. In these states, investigating insurance and sources of compensation may be especially complex when an accident involves a motorcyclist.
4. Common causes of motorcycle vs. car accidents
Motorcycle collisions and car accidents have one thing in common—human error is the leading cause. Careless driving and judgment errors result in more accidents than equipment malfunction or acts of God.
NHTSA reports that 32% of traffic fatalities for all vehicle types involve drunk driving. Forbes reports that 27% of motorcycle accident deaths involve alcohol. Drunk driving is a leading cause of fatalities. The slightly smaller statistic for motorcycle deaths may be explained by the other perils that motorcyclists face in large numbers.
Motorcyclists may face dangers from drivers who don’t see them. Drivers may not look for a motorcyclist before changing lanes or may not ensure an intersection is clear before making a turn. These accident causes are not unique to motorcyclists, but they can be devastating when an accident occurs.
5. Road hazards and road conditions
Motorcycles may be more susceptible to road hazards than passenger cars. Perils like potholes, road debris, and precipitation may be more of a threat to a motorcyclist than someone in a passenger car. JD Power reports that low visibility and collisions with fixed objects are common causes of motorcycle accidents and may not be as prevalent for other motor vehicle operators.
When it comes to liability, there is a duty of care that applies to everyone, even motorcyclists.
Someone who is transporting cargo is responsible for securing their load for transport, knowing that motorcyclists have a right to use the roads. They must exercise due care not only for the well-being of passenger car occupants but also for motorcyclists who may be present. The same is true for those responsible for road maintenance.
Motorcyclists have a responsibility, too, when it comes to road hazards and road conditions. A motorcyclist needs the skill to operate safely. They must use sufficient care when they are riding, accounting for weather and other road conditions.
6. Accident reconstruction and crash dynamics
An important part of many car accident claims is accident reconstruction. Accident reconstruction looks at all the factors to explain how the crash occurred and how it resulted in damages. For example, the speed of each vehicle, positioning, changes in speed, and driver actions are all important.
Because a motorcycle is different in shape and size, calculations will be different than they would be for a passenger car. These calculations may be critical in proving fault and causation of damages.
Legal Differences in Handling Motorcycle and Car Accident Claims
In some ways, motorcycle and car accident claims are similar. The party seeking compensation must prove their case and are entitled to damages that may be claimed under the law.
Practically, a motorcyclist bringing a claim has some unique challenges.
Almost certainly, there will be people on the jury who are not motorcycle riders. They may need things explained to them about how operating a motorcycle works and how a bike may react to a specific circumstance. The plaintiff may need to overcome juror bias against motorcyclists.
These challenges can be overcome, and you have the right to representation from an experienced motorcycle accident lawyer in your case.
Contact an Attorney
Attorney Bobby Jones of Bobby Jones Law knows how motorcycle accidents differ from car accidents. Our law firm advocates for motorcyclists’ rights in compensation claims. Contact us.