The law does not require adult motorcyclists to wear a helmet while riding in South Carolina. However, protective head gear is proven to reduce the severity of certain injuries, and those who go helmetless face increased risk of traumatic brain injury. Furthermore, choosing not to wear a helmet could be a significant factor in seeking a settlement from an insurance company or damages from another driver in the event of a motorcycle collision.
If you suffer an injury while riding without a helmet, it is best that you consult an experienced personal injury lawyer. The knowledgeable attorneys at Schiller & Hamilton could explain the Rock Hill motorcycle helmet laws and advise on how a biker’s legal position might be affected when seeking compensation for their injuries.
Helmet Laws for Adults and Minors in Rock Hill
South Carolina once had a mandatory helmet law for all motorcyclists in the state, which was repealed in 1980. Now, South Carolina Code §56-5-3660 only requires helmets for local riders and passengers under the age of 21. Additionally, helmets must:
- Have a neck strap or chin strap
- Have reflective material on both sides
- Be approved by the South Carolina Department of Transportation
Bikers under age 21 also must wear goggles or face shields while operating a motorcycle, unless the bike is equipped with a windscreen. Riding without the mandatory equipment is a misdemeanor, and violations carry a $100 fine and the possibility of 30 days in jail.
For a free legal consultation with a Rock Hill Motorcycle Helmet Laws call 1-803-366-0333
Legal Implications of Motorcycling Without a Helmet
Even though the law does not require adult motorcyclists to wear helmets, there are potential legal ramifications if a biker riding without one gets into an accident. In addition to increasing the risk of injury, going helmetless can negatively impact a motorcyclist’s ability to recover a fair settlement from insurers or damages in a lawsuit.
Comparative Negligence Laws in Rock Hill
The state of South Carolina follows the doctrine of comparative negligence, which makes everyone involved in an accident responsible for their actions. Vehicular collisions are often caused by more than one person, but a skilled attorney could pursue damages from another negligent party on behalf of an injured biker as long as a judge or jury decided that they were less than 51 percent responsible for causing the accident in Rock Hill.
However, if the biker suffered a head or spinal cord injury and was not wearing a helmet, a judge or jury might decide that the injury is partially their fault, resulting in a smaller settlement or damage award. An injured Rock Hill motorcyclist should consult with a dedicated member of the Schiller & Hamilton legal team to learn how much impact the lack of a helmet might have on the resolution of their case.
Rock Hill Motorcycle Helmet Laws Lawyer Near Me 1-803-366-0333
Discuss Rock Hill Motorcycle Helmet Laws with a Knowledgeable Attorney
If you suffered injuries in a motorcycle accident caused by someone else’s negligence, you deserve adequate compensation for your losses. However, insurance companies will often use tactics to minimize their liability, including hiring medical experts to testify that not wearing a helmet makes you responsible for your injuries.
After a biking collision, you need a legal advocate to assert your side of the story, especially if you were not wearing a helmet. The lawyers at Schiller & Hamilton are well-versed in Rock Hill motorcycle helmet laws and could aggressively defend injured victims against allegations of liability from insurers and other drivers. Call our firm today for a no-cost consultation on your case.