No Charges Filed After a South Carolina Motorcycle Accident: Can I Still Sue?

Grieving families may be concerned about the lack of criminal charges after motorcycle accidents in South Carolina. Despite what police believe, you might suspect that your loved one did not cause their own motorcycle crash. But what happens if the driver who you believe caused the crash walked away with no consequences? Is it still possible to file a motorcycle accident lawsuit? This is a conversation you might want to have with a lawyer.
No Charges Filed After Three Fatal Motorcycle Accidents in South Carolina
Local police often decide not to file criminal charges after motorcycle accidents. In the first few weeks of June in 2025, three major motorcycle accidents occurred with no charges filed. First, a motorcycle crashed into a vehicle in Landrum, causing two fatalities. Both of the victims were riding on the motorcycle at the time of the collision, and police say both were wearing helmets. ABC 13 News did not elaborate on what caused the crash, although the South Carolina Highway Patrol did not file any charges in the aftermath.
Next, a 37-year-old motorcyclist lost his life in North Charleston after a crash on Interstate 526. Local police say that they found the victim on the side of the road, and they were not sure how the crash occurred. It is not clear whether another vehicle was involved, and the North Charleston Police Department says they are continuing to investigate. But with no suspects to speak of, the authorities did not file any criminal charges. Although this is pure speculation, the accident may have been a hit-and-run.
More recently, a serious crash near South Carolina claimed the life of another 37-year-old. Police say that excessive speed might have been a factor, and the motorcyclist was ejected from his bike by the impact. Another vehicle suffered significant front-end damage as a result of this collision, and the driver was hospitalized. No charges were filed, and the investigation is ongoing.
There Is a Major Difference Between Criminal Behavior and Driver Negligence
Victims and their families should know that even if a driver escaped criminal charges after a motorcycle crash, they may still face consequences in civil court. The “burden of proof” is lower in civil courts compared to criminal courts. This means it is easier to prove that a driver did something wrong when you sue them rather than filing criminal charges.
Can a South Carolina Motorcycle Accident Lawyer Help Me?
A South Carolina Motorcycle accident lawyer may be able to help after a crash – even if local police are not filing any charges. There is a major difference between criminal behavior and negligence, and you can hold drivers accountable even if they were never charged with crimes. That said, each crash is different – and you might want to discuss your unique circumstances with a lawyer. Continue this conversation by contacting Mickelsen & Dalton, LLC today.
Sources:
qcnews.com/charlotte/cmpd-charlotte-man-killed-in-motorcycle-accident-after-being-thrown-from-bike-excessive-speed-suspected/
wlos.com/news/local/2-die-in-upstate-south-carolina-motorcycle-accident-highway-patrol-coroners-office-oak-grove-road-landrum-travelers-rest-bobby-goode-sarah-brittany-mcelrath-wearing-helmet
live5news.com/2025/06/17/coroner-identifies-motorcyclist-killed-i-26-crash-north-charleston/