The tragic death of 19-year-old Emory Bianchi in North Charleston in late March illustrates the danger riders of the smaller, less visible vehicles face when attempting to maneuver around and between larger vehicles on the road.
Bianchi was attempting to pass traffic on the right when her motorcycle hit the curb and she “spilled” into the lane of traffic. According to ABC News 4, the Charleston County Coroner said Bianchi sustained “fatal blunt force injuries.”
Lane splitting and passing on the right are tempting to many motorcyclists, particularly when automobile traffic is moving slowly. But both can be dangerous, and both are illegal in South Carolina.
South Carolina Motorcycle Laws
South Carolina Lane Splitting Law
Like nearly all states, South Carolina bars lane splitting. South Carolina Code §56-5-3640 prohibits motorcyclists from:
- Overtaking or passing another vehicle in the same lane, or
- Operating between lanes of traffic or between adjacent lines or rows of vehicles
A motorcyclist may share a lane with one other motorcyclist, but no more.
There is some debate about the pros and cons of lane splitting. In 2015, a study conducted at the University of California at Berkeley concluded that in some circumstances, lane splitting actually made motorcyclists safer. California actually legalized lane splitting, but the vast majority of states continue to prohibit the practice.
A motorcyclist who is involved in a collision while lane splitting will nearly always be found at least partly responsible for the crash, since they are riding in violation of a traffic safety law.
Passing on the Right in South Carolina
South Carolina’s passing on the right statute, South Carolina Code §56-5-1850, isn’t geared specifically toward motorcyclists. In most situations, it’s a violation for any driver to pass another vehicle on the right. The exceptions are:
- When the vehicle being overtaken is making a left turn, and
- When the roadway is wide enough to allow two vehicles to safely and legally travel side by side
A vehicle may not leave the roadway to pass on the right.
As with lane splitting, a motorcyclist who is involved in a crash while passing on the right will usually be found at least partly responsible, due to the traffic safety violation.
Who Can Recover Damages in a Motorcycle Accident Case?
Who can recover damages after a motorcycle accident and in what amounts will depend on the losses each party suffered and the percentage of fault assigned to each. Under South Carolina law, a person who is partly responsible for the crash can still collect damages, but only if they are 50% responsible or less. If a party is more than half responsible, they can’t recover any damages.
If someone is found less than half responsible, they can recover damages in proportion. For example, if a motorcyclist was found to be 30% responsible for a crash, they could recover 70% of their damages.
Determining liability after a motorcycle crash or other motor vehicle accident can be more complicated than it first appears. So, it’s important to speak with an experienced Charleston motorcycle accident lawyer as soon as possible after the crash.
Attorney Frank Hartman has decades of experience fighting for injury victims in and around Charleston. To learn more about how the Hartman Law Firm can help, call 843-300-7600.