Understanding South Carolina motorcycle helmet laws is critical before heading out for your next ride. The careless actions of another driver can bring a traumatic stop to your ride and life as you know it.
The damages you suffer due to their negligence may qualify you for a personal injury claim or lawsuit. However, helmet use can play a role in your case.
If you suffered severe injuries in a crash, you may want to consult with a South Carolina motorcycle accident lawyer as soon as possible. Upon a review of your case, a lawyer can determine whether helmet use plays a factor in your pursuit of compensation.
South Carolina law requires helmet use for motorcycle operators and passengers ages 20 and younger. Helmets must be a type approved by the Department of Public Safety, include a neck or chin strap, and be reflective. Helmet use is not required for motorcyclists ages 21 and older. South Carolina is one of a few states that allow riders to ride without a helmet.
Motorcyclists take a risk each time they go for a ride. According to the National Highway Traffic Safety Administration (NHTSA), many drivers cause motorcycle accidents by:
Other driver dangers include those who are drunk, distracted, or drowsy. No matter what negligent act caused your crash, the lack of a helmet places you at risk for severe head and neck injuries.
State law allows motorcyclists to ride helmetless without the risk of fines or charges. Riders must understand, though, how this decision can impact any legal action.
South Carolina helmet laws can become an issue in a personal injury claim. State civil law involves modified comparative negligence, with a 51 percent threshold.
Simply put, an insurance company or jury may deem a victim as having some fault for choosing not to wear a helmet. The primary point of such a decision is the argument that a victim’s injuries may have been less severe had they chosen to wear a helmet. Choosing not to wear a helmet is your right as a motorcyclist. However, it can impact the amount of compensation, if any, received from an insurance company or awarded by a jury.
The statistics are alarming: Victims who do not wear a helmet are more likely to be admitted to an Intensive Care Unit (ICU) and to experience head and neck injuries. Pursuing fair compensation for your motorcycle injuries and damages is imperative, regardless of your helmet use choice.
Other factors influencing your claim may include your driving habits before the crash. Speed, blood alcohol content (BAC), and distraction are a few examples of possible contributing factors. Motorcyclists are no different than other motorists when it comes to obeying the rules of the road.
Modified comparative fault is a complex subject. If you share some of the fault for your accident, the 51 percent bar is a fine line that can affect any compensation you may receive. Medical debt, lost wages, and pain and suffering are unfair outcomes that deserve a fair settlement.
A motorcycle crash involving an operator or passenger with no helmet can result in severe head, brain, or spine trauma. These types of injuries generally require a lengthy recovery, with some resulting in a permanent disability. Motorcycle accident injuries are costly in terms of the physical, emotional, psychological, and financial impact on your life. Victims can best protect their rights by seeking a free consultation with a motorcycle accident attorney following a traumatic crash.
Seeking immediate medical attention is your top priority following a motorcycle accident. The shock of your traumatic crash may mask symptoms of severe injuries. An emergency physician’s full review of your injuries allows treatment to begin, but it also establishes a valid medical record for a civil claim or lawsuit.
Other crucial steps to take following a motorcycle accident are:
The steps you take following a motorcycle crash can significantly impact a potential civil case. A South Carolina motorcycle accident lawyer protects your best interests by managing the details of your claim or lawsuit.
At Whalen Montalvo Attorneys at Law, James Whalen and Eric Montalvo understand South Carolina’s modified comparative negligence law. They also understand the anxiety motorcycle accident victims experience regarding massive medical costs and an inability to work. Your crash was traumatic enough. Rest, recover, and leave the details of your case to a member of our team. We work hard to secure the best possible outcome for all our clients.
Schedule a free consultation today. Call Whalen Montalvo Attorneys at Law for help with your South Carolina motorcycle accident claim: (864) 770-7710.
I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.
I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Montalvo a call today at (864) 770-7710 or use our online form.