Riding a motorcycle offers an unmatched sense of freedom, but it also comes with significant risk. In South Carolina, the use, or lack, of a helmet can play a crucial role in both your safety and your legal rights if you’re involved in an accident. At Harbin & Burnett, we understand how the law impacts motorcyclists and how helmet use can influence the outcome of a personal injury claim.
South Carolina Motorcycle Helmet Laws
In South Carolina, helmet laws are age-specific. Riders and passengers under the age of 21 are legally required to wear a DOT-approved helmet. Those 21 and older are not legally required to wear a helmet, but that choice can still have consequences in a legal setting.
Can Not Wearing a Helmet Affect My Injury Claim?
If you’re injured in a motorcycle accident, whether or not you were wearing a helmet can impact your personal injury claim, especially when head injuries are involved.
Here’s how:
Comparative Negligence May Apply
South Carolina follows a modified comparative negligence rule. This means if you’re found partially at fault for your injuries, your compensation can be reduced by your percentage of fault. If you’re more than 50% at fault, you may not be able to recover any damages at all.
If you weren’t wearing a helmet and sustained a head injury, the insurance company may argue that your own negligence contributed to the severity of your injuries. Even though helmet use isn’t legally required over age 21, failure to wear one could still reduce the amount you’re eligible to recover.
The Type of Injury Matters
If your injuries are unrelated to helmet use, such as a broken leg or road rash, the fact that you weren’t wearing a helmet is likely irrelevant. However, if you suffered a traumatic brain injury or skull fracture, not wearing a helmet may be a critical factor in how your claim is evaluated.
Juries Consider Helmet Use
If your case goes to trial, jurors may be influenced by whether you wore a helmet. Even if the law was on your side, perception matters. Jurors may see helmet use as a sign of responsibility, or the lack of it as careless behavior, which can affect both fault and the damages awarded.
What Should You Do After a Motorcycle Accident?
Whether or not you were wearing a helmet, the most important things you can do after a motorcycle accident are:
- Seek immediate medical attention
- Report the accident to the proper authorities
- Avoid giving recorded statements to insurance companies
- Document your injuries, damage, and recovery process
- Speak to a qualified personal injury attorney
Get Legal Help from Experienced Motorcycle Accident Attorneys
Motorcycle accident claims in South Carolina are often complex and frequently biased against riders. At Harbin & Burnett, we help injured motorcyclists fight for fair compensation, whether they were wearing a helmet or not. Our team knows how to navigate comparative negligence laws, work with expert witnesses, and counter insurance company tactics designed to minimize your claim.
If you’ve been hurt in a motorcycle crash, don’t wait. Contact Harbin & Burnett in Anderson, SC, for a FREE consultation. Let us help you protect your rights and pursue the compensation you deserve.