Motorcycle Crash Victims Often Face Blame — Here’s How to Fight Back

Motorcycle lying on its side in the street with visible damage, debris scattered around, and a damaged car nearby, indicating a recent collision.

A motorcycle accident lawyer can prove fault and protect your rights

Most motorcyclists respect the rules of the road. They ride defensively, wear protective gear, and stay alert — often more alert than the drivers around them. However, when collisions occur, responsible riders are often blamed for causing motorcycle accidents, even when another driver is at fault.

In South Carolina, that bias against motorcyclists can cost you. It can reduce how much money you’re legally entitled to, or worse, block your right to recover anything at all. This is especially important, given that there are more motorcyclists than ever in South Carolina. Motorcycle registrations increased by 147 percent in South Carolina between 2002 and 2023, according to the Insurance Institute of Highway Safety (IIHS).

If you were injured in a motorcycle wreck caused by a careless driver and you’re being blamed for it, you need to act fast to protect your rights. The South Carolina motorcycle accident attorneys at Twenge + Twombley explain what you need to know.

Riders are often treated unfairly after a motorcycle crash

There’s a built-in bias that many motorcyclists face the moment a collision occurs. Whether it's law enforcement, witnesses, or the driver who caused the crash, people often assume the rider was speeding, weaving, or acting recklessly — even when that’s not the case. This unfair assumption can show up in:

Police reports that leave out key details or imply fault on the part of the motorcyclist.
Witness statements influenced by stereotypes, not the facts.
Insurance adjusters who downplay motorcycle injuries or shift blame onto riders.

Most riders aren’t reckless thrill seekers. They’re experienced, safety-conscious, and do everything they can to keep everyone on the road safe. But the minute a motorcycle is involved in a collision, the conversation too often starts with suspicion instead of the facts.

How South Carolina law handles fault in motorcycle accidents

When it comes to motor vehicle accidents, South Carolina has a modified comparative negligence system. Under South Carolina Code of Laws § 15-38-15, if you are found 51% or more at fault, you cannot recover compensation. If you're found 50% or less at fault, your recovery is reduced by your percentage of fault.

For example, if your motorcycle accident-related expenses add up to $100,000 and you’re found 20% at fault, you would only be able to receive $80,000 for your financial losses. And if the insurance company convinces a jury that you were mostly to blame, you could walk away with nothing, even if the other driver caused the crash.

That’s why it’s critical to push back early and clearly when fault is being wrongly assigned. An experienced South Carolina motorcycle accident attorney can assist you in such situations and ensure that your rights are respected.

Common tactics used to blame motorcyclists

Insurance companies will often try anything to shift the blame onto injured riders. Some of these predictable strategies include:

Claiming the rider was speeding, even without evidence.
Suggesting the rider wasn’t conspicuous enough, despite wearing proper gear.
Blaming lane position or alleging sudden movements by the rider.
Pointing to helmet use, even if an injury has nothing to do with the head.

These tactics aren’t based on what happened. They’re often used to minimize payouts, and they should be challenged with the right legal strategy.

What injured motorcyclists can do to protect their rights

If you've been in a motorcycle crash caused by another driver, the steps you take right away can make a difference for your health and your rights. Each accident is unique. But some of the steps most injured motorcyclists should take often include:

See a doctor immediately, even if you think your injuries are minor. This creates a medical record that connects your injuries to the crash. And such evidence can be critical when seeking compensation for your accident-related expenses.
Get a copy of the police report and read it carefully. Look for inaccuracies or biased language. Your lawyer can review your Official South Carolina Traffic Collision Report and help you set the record straight if necessary.
Save your gear and bike if possible. Visible damage can support your injury claim, which is especially important if you have been wrongly blamed for causing your collision.
Do not speak to the other driver’s insurance company before speaking to a lawyer. Anything you say can be used against you later. Even saying something as simple as “I’m sorry” could be used as evidence that you were somehow at fault, even when the driver is totally to blame.
Contact a motorcycle accident attorney who knows how to fight back against bias and who can protect your legal rights.

The cost of being unfairly blamed for a motorcycle crash

The financial impact of a motorcycle crash can be overwhelming. Medical bills add up quickly. If you’re out of work, lost income can put pressure on your family and make it impossible to pay your regular monthly bills. And if your injuries are permanent, the long-term financial impact of your crash can quickly spiral out of control and add up to hundreds of thousands of dollars or even more..

In South Carolina, if you were injured in a motorcycle accident caused by another driver, you may be entitled to financial compensation for:

Emergency medical treatment and surgery.
Physical therapy and rehabilitation.
Lost wages and future loss of earning potential.
Motorcycle repairs or replacement.
Pain and suffering.
Permanent disability or scarring.

But if blame is wrongly placed on you, all of that money could be taken off the table, and you could end up with nothing. That’s why it’s not just about proving how you got hurt — it’s about proving the truth of how your crash happened.

Our South Carolina motorcycle accident lawyers fight for injured riders

At Twenge + Twombley, we know the uphill battle many injured motorcyclists face after an accident. That’s why our South Carolina motorcycle accident attorneys want to help every step of the way after your collision.

Our legal team takes a comprehensive approach towards collisions involving motorcyclists and other drivers. We thoroughly investigate motorcycle crashes. We interview witnesses, preserve evidence, and consult with accident reconstruction experts when needed. And we don’t allow insurance companies to twist the facts or turn a victim into a scapegoat.

If you’ve been seriously hurt in a motorcycle crash that wasn’t your fault, don’t wait to get legal help. You only get one shot at full compensation, and you shouldn’t have to fight for it alone.

Contact Twenge + Twombley and schedule a free consultation with a South Carolina motorcycle accident lawyer you can trust. We represent injured motorcyclists across South Carolina, and we’re ready to fight for you.

"He did everything he promised. Kept me informed every step of the way. I was always able to get in touch with him, not just his staff. I will use Mr. Twombley only in the future." – Crystal, ⭐⭐⭐⭐⭐