Although driving a motorcycle is generally riskier than driving an automobile, most operators and riders can stay safe if they follow a few basic rules. One of those is the motorcycle helmet law in South Carolina. In fact, the vast majority of motorcycle deaths are caused by not wearing a proper helmet. Every motorcyclist has the legal duty of knowing and obeying traffic laws, and that includes the use of a helmet. Following these rules can also preserve your legal rights in the event you are ever involved in a wreck.
That’s where the motorcycle accident lawyers of Rikard & Protopapas come in. If you or a loved one have been involved in a crash, we are here to seek the compensation you need to recover.
What Is the South Carolina Helmet Law?
Almost every state has a statute concerning the use of a helmet while driving or riding on a motorcycle. South Carolina helmet laws are designed to keep everyone safe and avoid unnecessary injuries and death. Here is what you need to know if you operate or ride on a motorcycle in our state:
- Anyone under age 21 must wear a helmet: Whether you are the motorcycle (or moped) driver or someone riding on one, if you are under the age of 21 you are required to wear a helmet. In addition, the helmet must be of a type that is approved by the South Carolina Department of Public Safety (DPS), which means it must have either a neck or chin strap and reflective material on both sides.
- Other protective gear is required: The law requires that riders and operators under age 21 wear DPS-approved goggles or face shields. An exception applies if the motorcycle’s windscreen meets certain specifications.
- Retailers cannot sell substandard safety equipment: South Carolina helmet laws are also designed to ensure that companies do not sell safety gear that does not meet DPS standards. These cover helmets, goggles, and face shields.
If you violate the law, for example, by being under age 21 and not wearing a helmet, you will face misdemeanor charges. A conviction can lead to a fine of up to $100 and up to 30 days in jail.
Risks and Consequences of a Motorcycle Crash Without a Helmet
The law on motorcycle helmet use does not apply to operators and riders over the age of 21.
Even though these individuals are not required to wear a helmet, it is strongly advised by health and safety experts.
Getting into a motorcycle crash without a helmet runs a significant risk of major and permanent brain injury. If you are in a crash, you could suffer irreversible brain damage that will negatively impact every aspect of your life. Steep medical bills and lost ability to earn a living are just the beginning. You will likely suffer severe limitations on your ability to function normally and enjoy the activities you once did. In many cases, those who suffer brain injury experience personality and behavioral changes that can be devastating for their loved ones to see. These are the consequences of what is commonly known as a traumatic brain injury or TBI.
While a TBI is undoubtedly severe, the worst-case scenario of riding without a helmet is death.
Thousands of motorcyclists die every year, but the use of a helmet could have prevented many of these fatalities. Some statistics indicate that over 40% of motorcycle drivers who died in accidents were not wearing a helmet.
To protect your life and safety, it’s imperative to wear a motorcycle helmet that meets basic safety standards, such as those put forth by the DPS.
Role of Helmet Use in Determining Fault and Liability
Being in a motorcycle crash without a helmet could also affect fault and liability. Although you can still seek monetary compensation even if you weren’t wearing a helmet, your ability to do so could be limited. Understanding why requires an understanding of what is called comparative negligence.
Like many states, South Carolina limits a victim’s ability to recover monetary damages if he or she contributed to the accident or injuries in some way. For instance, when people speed and cause wrecks, they are generally considered at fault. But the victim may have made an illegal turn at the time of the accident and could share responsibility for it.
The same concept applies to the failure to wear a motorcycle helmet. If this fact is uncovered during the investigation, it may allow the at-fault party to argue that you should bear some responsibility for your own injuries. Not wearing a helmet means you could be considered partially liable under comparative negligence rules.
This, in turn, may affect how much you can recover in monetary damages. When someone is determined to be partially liable for an accident, the jury will assign a percentage of fault to that person. For example, the victim may be determined to be 20% at fault. The compensation amount will be reduced accordingly. So if the victim would otherwise have recovered $100,000, this amount will then be cut by 20% down to $80,000. Moreover, if the refusal to wear a helmet is such that the jury decides you were more than 50% at fault for your injuries, you cannot recover anything.
For these reasons and more, it is vital that you retain an experienced motorcycle accident attorney to not only seek the compensation you deserve but also to fight any attempt to blame you for the wreck.
Contact Our Columbia, SC Motorcycle Accident Lawyer
The personal injury attorneys of Rikard & Protopapas encourage you to always wear a helmet and ensure that anyone riding with you does so as well. However, if you are in an accident, we are here to protect your legal interests. Our firm defends the rights of motorcycle crash victims by demanding the damages they need to cover medical bills and other losses. To learn more about our legal services or the motorcycle helmet law in South Carolina, give us a call.