Attorney Michael Melonakos is the founder of The Melonakos Law Firm, where he concentrates his practice on personal injury matters, including motor vehicle accidents, wrongful death, medical malpractice, premises liability, nursing home abuse, workers’ compensation, and more. The law firm’s efforts have secured more than $50 million for injured people.

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Can the Insurance Company Blame You for a Spartanburg Motorcycle Crash?

An insurance company can try to blame you, but making an attempt is not the same as proving it. Attorney Mike Melonakos and his legal team stand ready to push back against the insurance company’s efforts to unfairly blame you for causing the motorcycle crash responsible for your injuries.

Under South Carolina law, a rider who shares some of the fault can still recover a portion of their losses, as long as their share does not exceed the other driver’s share. South Carolina follows a modified comparative negligence rule, which the state Supreme Court adopted in Nelson v. Concrete Supply Co. (1991). Here is how it works in practice:

  • You can recover if you were 50 percent at fault or less: The law reduces your recovery by your share of the blame, so a rider found 20 percent at fault keeps 80 percent of the total value of their claim.
  • You can recover nothing if you were 51 percent at fault or more: This cutoff point explains why insurers fight so hard to shift blame onto motorcycle riders.

Because every percentage point means real money, adjusters often lean on old stereotypes about bikers. They might claim you were speeding or wearing dark gear that made you hard to see. They might also argue that riding without a helmet worsened your injuries. Under S.C. Code § 56-5-3660, only riders under 21 must wear a helmet, so an adult rider who chose not to wear one broke no law. You can learn more about South Carolina helmet laws on our blog.

The numbers also run counter to the “reckless rider” myth. According to the South Carolina Department of Public Safety’s 2024 Traffic Collision Fact Book, motorcyclists bore no fault in about 60 percent of the multi-vehicle crashes they were involved in.

Fault in a Spartanburg County motorcycle crash claim depends on evidence, not assumptions and prejudice. Our Spartanburg personal injury lawyers can gather the evidence to show what really happened and protect your share of the recovery. Examples of potential evidence include:

  • Dashcam and business security footage
  • Physical evidence from the accident scene
  • Witness statements
  • Phone records
  • Crash reconstruction findings

What Happens When a Driver Turns Left in Front of Your Motorcycle?

In most cases, the driver who turns left across your path will bear the blame for a left-turn motorcycle accident. Under S.C. Code § 56-5-2320, a left-turning driver must yield to oncoming traffic that is close enough to pose an immediate hazard.

Left-turn motor vehicle accidents happen far too often on roads like East Main Street and Reidville Road. The South Carolina Department of Public Safety’s motorcycle safety guidance tells drivers to look twice at intersections and avoid turning in front of an oncoming motorcycle.

Our firm knows how to hold left-turning drivers accountable. For example, we secured a $1,000,000 policy-limits settlement after a septic truck driver failed to yield while turning left, resulting in a violent collision. The insurer had first offered only $228,000. Past results do not guarantee future outcomes, but they do indicate our experience handling complex personal injury claims.

Learn more from our left-turn motorcycle accident lawyer page.

Who Pays Your Medical Bills After a Motorcycle Wreck in South Carolina?

The at-fault driver’s insurance company should ultimately pay your medical expenses, but it usually will not pay as you go. In the meantime, your health insurance and your motorcycle insurance policy could help cover treatment while your claim moves forward.

Every motorcycle insurance policy in South Carolina must carry liability coverage of at least $25,000 per person, $50,000 per accident, and $25,000 for property damage (S.C. Code § 38-77-140). Policies must also include matching uninsured motorist coverage (UM).

The following sources might come into play:

  • Health insurance: Your health plan can pay for care right away, though it may ask for repayment from any settlement you receive later.
  • The other driver’s insurance company: The at-fault driver’s liability coverage pays for your medical care, lost income, and pain once the insurer accepts fault or a court orders payment.
  • Your uninsured motorist coverage: UM coverage comes in when the at-fault driver has no insurance or flees the scene and cannot be found.
  • Your underinsured motorist coverage: Insurers must offer optional underinsured motorist coverage (UIM) that can fill the gap when serious injuries cost more than the at-fault driver’s policy limits.
  • Medical payments coverage: If you added optional MedPay coverage to your policy, it can pay medical bills regardless of who caused the crash.

A $25,000 policy rarely covers a serious injury. Our team will look for every insurance policy that applies. Your personal injury case can also include your future medical needs, lost wages, pain, suffering, and the cost to repair or replace your bike, your helmet, your jacket, and other riding gear that protected you.

Why Injured Riders in Spartanburg Choose The Melonakos Law Firm

Motorcyclists in Spartanburg and across the Upstate have come to trust our team with their accident-related legal needs for many reasons, including:

We Know How Insurers Build a Case Against Motorcycle Riders

Mike Melonakos spent time early in his career defending insurance companies. His experience gives our team an inside view of how adjusters plan to shift blame onto motorcyclists. We can use that knowledge to anticipate their arguments. You will also have direct access to your lawyer, because we limit our caseload so every client gets real attention.

Our Case Results

Our motorcycle wreck lawyers in Spartanburg bring the same determination to every case. Some of our law office’s notable results include:

  • $1,000,000 policy-limits settlement for a left-turn failure-to-yield collision
  • $1,140,000 for a client who needed surgery after a commercial vehicle crash in Anderson County
  • $2,000,000 policy-limits settlement for a client rear-ended by a tractor-trailer
  • Confidential six-figure policy-limits settlement for the family of a motorcycle rider killed when a driver turned left and failed to yield

View more on our case results page. Prior results do not guarantee a similar outcome in your case.

What Our Past Clients Say About Their Experiences with Our Firm

We are proud to have received numerous enthusiastic testimonials from the clients we have served, including the following:

“The firm took my case, gave me advice, handled everything for me, kept me informed as to what was going on.”

Mattie

“They held my hand every step of the way making the process after my accident so easy!”

Sydney

Schedule a Free Consultation After Your Spartanburg Motorcycle Wreck

You should not have to fight an insurance company while you heal. A motorcycle accident attorney in Spartanburg from our firm will offer you a sympathetic ear and push for the full recovery you need.

Contact The Melonakos Law Firm today to schedule your free consultation.