(864) 582-0416 If you end up in a motorcycle wreck, wearing a helmet can save your life. Not only that, it can protect against a wide range of potential head and neck injuries that could lead to chronic difficulties. However, each state has its own requirements around motorcycle helmets and who must wear them. Following Spartanburg motorcycle helmet laws can help riders protect themselves in the event of an accident. Holland & Usry can help you understand these laws.
Under South Carolina law, all motorcycle riders under 21 must wear a helmet. The helmet must meet Department of Public Safety approval standards as well as federal safety regulations.
In addition to common helmet requirements, riders under age 21, including passengers, must wear goggles or a face shield. South Carolina waives this requirement when the motorcycle has a windscreen that can protect against wind and debris.
Violating helmet laws can, depending on the circumstances, be a misdemeanor offense. That means that individuals riding without a helmet, or individuals who allow a passenger under 21 to ride without a helmet, can face fines and even jail time.
While South Carolina does not require individuals over the age of 21 to wear a helmet, it strongly recommends the use of helmets for anyone riding a motorcycle. Wearing a motorcycle helmet offers a number of potential advantages in a Spartanburg collision, including reducing the risk of brain injuries and injuries to the face or neck. Furthermore, wearing a motorcycle helmet significantly reduces the risk of death in an accident.
Spartanburg laws do not require the use of a helmet unless the rider is under 21, so unless the crash victim is under 21, the lack of a motorcycle helmet cannot impact your personal injury claim.
Victims under 21 who wore no helmet may face a defense. After an accident caused by someone else’s negligence—including a collision with a driver who failed to look out for a motorcycle or who was distracted—these victims have the right to file a claim seeking compensation for losses, including medical bills, lost wages, and pain and suffering. However, South Carolina follows a comparative negligence policy when it comes to auto accidents. That means that if you contributed to the motorcycle accident or its severity, you may have the amount of compensation you can recover reduced.
Insurance companies may argue that failure to wear a motorcycle helmet contributed to the risk of injuries or to the severity of the injuries—especially if those injuries occurred to the brain, neck, or face. If the insurance company successfully argues that you contributed to the severity of your own injuries due to the lack of helmet use, it can ultimately reduce your compensation award.
If the victim is under 18 and rode a motorcycle without a helmet with a parent, they may have a claim against the parent for not making them wear a helmet.
If you suffered injuries in a motorcycle accident in Spartanburg, including one in which you failed to wear a helmet, working with Holland & Usry can help you protect your right to compensation. Not only can our attorney make sure your rights are protected, but we can also provide you with more information about how to calculate the compensation you may deserve. Reach out to Holland & Usry today for a FREE case review.
