Charleston Motorcycle Accident Lawyer

Dozens of motorcyclists are killed in crashes in South Carolina, and hundreds are injured every year. These crashes leave both the motorcyclists and their families with dozens of questions about what will happen next – will injuries heal completely? Will the injured person be able to return to work? Will exercise and activities ever be possible again? How will medical bills be paid? What if we cannot afford to live?

These questions – some of which are not easy or possible to answer – can haunt an injured motorcyclist. At Joye Law Firm, our experienced motorcycle accident lawyers cannot promise that you will return to the life that you had before your crash, but we can promise to advocate on your behalf to improve your chances of getting the compensation that you deserve.

Damages Available in a Motorcycle Injury Claim

If you are injured in a motorcycle crash, you deserve compensation for every loss that you have suffered.

Motorcycle in Charleston
free consultation

Through negotiations with an insurance adjuster, or by bringing your case to court if out-of-court settlement is not possible, you may be able to recover compensation for:

  • Medical expenses. Medical expenses often make up the bulk of economic losses experienced by the victim of a motorcycle crash. Staying in the hospital, undergoing surgery, and seeing specialists can total into the hundreds of thousands of dollars, depending upon the severity of the injury. Sometimes, a person will incur medical expenses for the remainder of their life due to their need for ongoing treatment.
  • Lost wages. A motorcyclist who is involved in a crash is incredibly lucky if they are able to return to work the next day, or even the next week after a crash. This is especially true for motorcyclists who work on their feet and do not have a desk job. If you are unable to return to work because of the extent of your injuries, you deserve compensation for lost wages, and lost benefits, both present and future.
  • Property damage. If you have lost any property as a result of your injury, you can seek compensation for this. In a motorcycle crash, you may be entitled to the value of your motorcycle.
  • Pain and suffering. Pain and suffering is a type of noneconomic damage. This type of damage is much more difficult to calculate than are economic damages, and will likely be more if injuries are severe, cause disability or impairment, and are expected to last for a long time.
  • Emotional anguish. In addition to compensation for the physical pain that you are suffering, you may also be able to recover damages for emotional anguish related to the injury.

If a motorcycle crash results in death, surviving families members may seek damages for the value of the deceased’s lost wages, funeral and burial expenses, loss of consortium, and more by filing a wrongful death lawsuit.

Determining Fault in a Motorcycle Wreck 

Determining fault in a motorcycle accident is an essential component of the claims process, and the process of filing a lawsuit. This is because South Carolina is a fault, or tort liability state. This means that the not-at-fault party can pursue a claim against the at-fault party. As such, a motorcyclist who is involved in a crash will likely need to demonstrate the fault of the driver who hit them in order to recover compensation from that driver’s insurance.

In the event that the motorcyclist is found to have contributed to the accident in any way, the injured motorcyclist’s damages can be reduced. South Carolina is a comparative negligence state, which means that a person can be barred from collecting damages in proportion to their own degree of fault. For example, a motorcyclist may have suffered a head injury in a crash – one of the most common injury types. If the motorcyclist was not wearing their helmet at the time of impact, then it may be argued that the motorcyclist committed an act of negligence, thereby contributing to their head injury (this is true despite the fact that South Carolina has no motorcycle helmet law for riders 21 and older).

Knowing this, an insurance adjuster may try to put the fault of the accident – at least in part – on the shoulders of the injured motorcyclist. An attorney can help you to determine and prove fault by:

  • Obtaining a copy of the accident report. The accident report filed by the police may provide key details about what happened and who was at fault.
  • Interviewing eyewitnesses. An attorney can help you to track down and interview key eyewitnesses who may be able to shed light on what happened, and may have testimony regarding the fault of the other driver.
  • Working with accident reconstruction experts. Sometimes, determining fault requires the help of accident reconstruction experts. These experts travel to the scene of the accident and, using all relevant evidence, reconstruct how the accident occurred.
  • Organizing any physical evidence. A motorcycle crash leaves behind myriad types of physical evidence, including a damaged motorcycle, damaged vehicles, debris and broken parts, skid marks, and injuries, amongst other things.


5 star rating
Without Chris, I don't know where I would be or what my family would do. He has been with us throughout. At my bedside. With my family during surgeries. Contacting doctors to help me get better. Chris was just my lawyer – now, he's my friend.

-- Tommy, Actual Client

See More Testimonials


  • Unrestrained Dogs in Cars Create Serious Risk of Accidents

    Driving with dog in car law

    We love our pets as much as anyone, but we know that when pets travel with us in a car or truck, they must be crated or restrained, or they can cause a car crash. A recent study from Volvo… read more

    Continue Reading
  • Most Dangerous Highways in Charleston

    Highway 17 in Charleston, SC

    If you’ve ever been in a car accident, you know that accident situations can develop out of nowhere. But certain highways are clearly more dangerous because of the design or volume of traffic or a combination of factors. You are… read more

    Continue Reading
  • SC Rejects Expansion of Workers’ Comp Benefits for First Responders

    firefighter carrying young girl from burning building in South Carolina

    South Carolina’s legislature has rejected a bill that would ensure the availability of workers’ compensation payments for mental health care sought by emergency responders suffering from PTSD. The bill, known as S-429, has been introduced repeatedly since 2015, to no… read more

    Continue Reading
  • What Are the Most Dangerous Intersections in Charleston?

    two cars collision at an intersection

    It’s a remarkable thing, really, the hundreds of thousands of cars, trucks, and people that don’t crash into one another in the constant flow of crossings and turns at highway intersections. But an intersection is where a car accident is… read more

    Continue Reading
  • Joye Law Firm Managing Partner Ken Harrell Featured On, Will Co-Host Podcast

    Attorney Ken Harrell, the managing partner at Joye Law Firm, has recently assumed additional duties as co-host of The Shrimp Tank, a nationally syndicated podcast featuring discussions with local entrepreneurs. Eric Elkins of Double E Insurance & Financial Solutions of Charleston,… read more

    Continue Reading
  • The Explosion of Emotional Support Animals

    Woman and her emotional support dog in Charleston, SC

    Blog by: Attorney Ken Harrell Recently, I came across an article by licensed counselor Cynthia Chandler in “Counseling Today” titled “Is there an epidemic of emotional support animals?” Lest anyone wonder about how I spend my spare time, my wife… read more

    Continue Reading
  • Joye Law Firm Opens Annual Scholarship Program

    Joye Law Firm is pleased to announce its 2019 Scholarship Contest. The law firm will provide six $2000 scholarships to graduating seniors in South Carolina who plan to attend a four-year institution for higher learning during the fall. Our selection… read more

    Continue Reading
  • When Uber Drivers Screw Up

    Shocked driver before crash

    By: Attorney Ken Harrell With the increased number of Uber and Lyft drivers on the road, accidents involving these cars are going to happen. Not surprising. All of us are fallible and make mistakes. During the weekend I used Uber… read more

    Continue Reading
  • 5 Tips for Driving in Bad Weather This Winter

    man driving in bad weather

    As temperatures begin drop in Columbia, Charleston, Myrtle Beach and across South Carolina, the probability increases of hazardous road conditions and weather-related car accidents. Traditionally, South Carolina doesn’t get much snow. However, the January 3, 2018 storm that dropped 3… read more

    Continue Reading
  • Charleston Jury Awards $6 Million to Construction Worker Crushed in Truck Accident 

    Attorney Mark Joye, partner in Joye Law Firm, represented the plaintiff, an injured worker who suffered multiple injuries after being struck and crushed by a truck at a South Carolina job site. CHARLESTON, S.C. (November 9, 2017) – A jury… read more

    Continue Reading

How Long Do I Have to File a Motorcycle Accident Claim in Charleston?

It is important that you report your motorcycle crash to your insurance company as soon as possible. In most cases, the statute of limitations for bringing forth a civil action in South Carolina is three years from the date of injury. If you miss the statute of limitations, you will likely be permanently barred from recovering damages.

Our Charleston Motorcycle Accident Attorneys Are Knowledgeable and Experienced

Understanding the claim system and your rights after a motorcycle injury can be confusing. To assist you in navigating the process, proving fault, and standing up against an insurance adjuster, reach out to our aggressive motorcycle accident lawyers in Charleston today. A consultation with our law offices is free – just pick up the phone and call us directly, or fill out our online form today.


  • Attorney Mark Joye headshot
    Attorney Mark Joye headshot

    Mark Joye

  • Ken Harrell


  • Chris McCool
    Chris McCool

    Christopher McCool

  • Matthew Jackson

  • Patrick Jennings

  • Ryan LeBlanc

  • Jeff Gerardi

  • Milton Stratos II

  • Brent Arant of Joye Law Firm settles $1M case
    Brent Arant of Joye Law Firm settles $1M case

    Brent H. Arant

  • Randell Croft Stoney III

  • William Asche

  • Mark Bringardner


$300,000 Settlement

Charleston Girl Bitten by Rottweiler

Case Number: Claim Settled Before Lawsuit Filed Joye Law Firm attorney Brent Arant negotiated a $300,000 pre-lawsuit settlement for a young gir...

Read More

$5 Million Settlement

A Charleston Woman Struck and Killed by Industrial Truck

Estate of Mary G. vs. Cooper/Ports America, LLC et al. Case Number: 2019-CP-10-1949 Joye Law Firm attorney Mark J. Bringardner has reached a $5...

Read More

Six-figure Settlement

An Electrician Injured on the Job

Darryl was a busy electrician.  He had an established career and a great reputation.  He prided himself on his ability to take care of his family th...

Read More

$1M settlement

A man who was injured in a Truck Accident

A man who suffered a neck injury that required spinal fusion surgery when a log truck crashed into his car has agreed to a $1 million pre-suit settle...

Read More


Rear-end Crash Settlement

Ran Stoney of Joye Law Firm in North Charleston said his 50-year-old client, Jennifer Preszler, was stopped at a red light in Mount Pleasant in July 2...

Read More

$1.93 Million Verdict

For driver injured by unlicensed driver

A Charleston County jury has awarded a $1.93 million verdict in favor of a driver who suffered neck injuries after being hit by a dump truck whose dri...

Read More

$2.2 Million

Man Injured in Dorchester County Rear-End Accident

He was a husband, a father of three, and a small business owner. Over years of hard work and dedication, he built his plumbing business into a fixture...

Read More


North Charleston Factory Worker for His Hearing Loss

Willie Robertson was a faithful employee for nearly 40 years.  So when he noticed that the years exposure had caused him to lose his hearing, he thou...

Read More


Charleston Worker Whose Arm was Crushed by Heavy Machinery.

Antwan Gordan nearly lost his arm in a work place accident caused by faulty equipment.  He knew getting the workers’ compensation benefits and medi...

Read More

trust is important to us

we want to hear about your case