For riders under the age of 21, the motorcycle helmet law in South Carolina is clear: A helmet is required, no exceptions. If you are 21 or older, you have a choice. While the law might grant you that freedom, the reality is that an accident can happen in an instant.
If you are involved in a motorcycle crash without a helmet, you are at risk of severe, life-changing head injuries. There are also legal and financial implications. Insurance companies and defense lawyers may try to use the lack of a helmet to limit the compensation you receive for your injuries.
At Savage, Royall & Sheheen, our Camden motorcycle accident lawyers know the roads and the laws in Camden. We can help clear up the confusion and explain how these laws apply to you.
Overview of South Carolina Helmet Laws
The motorcycle helmet law in South Carolina is specific and differs from the universal requirements found in many other states. South Carolina’s law focuses primarily on the age of the rider or passenger.
The law mandates that individuals under 21 must wear a protective helmet when operating or riding on a two-wheeled motorized vehicle. This is done to promote safety and reduce the risk of severe head injury in a crash.
Helmets worn must also meet specific safety standards established by DOT. For individuals over 21, wearing a helmet is a personal decision, though it is always strongly recommended.
Who Must Wear a Helmet in South Carolina?
Under South Carolina law, the requirement to wear a protective helmet when operating or riding on a two-wheeled motorized vehicle is determined by age.
The law requires that all motorcycle operators and passengers under the age of 21 must wear a protective helmet approved by the Department of Public Safety. The required helmet for those under 21 must be equipped with a neck or chin strap and be reflectorized on both sides. Additionally, operators under the age of 21 must wear goggles or a face shield unless the motorcycle is equipped with a windscreen.
For individuals 21 years of age and older, wearing a helmet is not legally mandatory, though it is always strongly recommended for safety.
Penalties for Violating South Carolina Helmet Laws
The motorcycle helmet law in South Carolina primarily applies to riders and passengers under the age of 21. A violation of this specific law is classified as a misdemeanor offense.
According to South Carolina Code of Laws Section 56-5-3700, a person convicted of violating the helmet requirement for those under 21 may face:
- A fine of not more than one hundred dollars ($100), or
- Imprisonment for not more than thirty (30) days.
While the penalties might appear minor, a traffic conviction can still affect your driving record and potentially lead to higher insurance premiums.
Motorcycle Crashes Without a Helmet: Legal and Medical Consequences
The consequences of a motorcycle crash without a helmet can leave you with serious medical and legal consequences.
Medical Consequences
The most serious consequences are medical. Motorcycle accidents often result in severe injuries, and riding without a helmet greatly increases the risk of a traumatic brain injury (TBI). Other head and neck injuries, facial fractures, and death are also much more likely in a motorcycle crash without a helmet.
Legal Consequences
If you are in a motorcycle crash without a helmet that was caused by someone else’s negligence, your lack of a helmet might affect your accident claim. The defense attorney for the at-fault driver may argue that your injuries would have been less severe had you been wearing a helmet, even if you were not legally required to wear one because of your age. This argument relates to the concept of comparative negligence.
Comparative Negligence and Helmet Use in Motorcycle Accident Claims
South Carolina follows a modified comparative negligence rule. This means a person can recover damages only if they are found to be less than 51% at fault for the accident.
In a personal injury claim after a motorcycle accident, the opposing side may try to assign some percentage of fault or injury to the rider for not wearing a helmet. They are arguing that the rider failed to take reasonable steps to protect themselves, which made their injuries worse.
A jury could potentially reduce the amount of damages you receive for your head injuries if they agree your failure to wear a helmet worsened those specific injuries. However, failure to wear a helmet would not impact a claim for injuries to other parts of your body, like a broken leg. An experienced motorcycle lawyer can counter these arguments and protect your right to full compensation.
How a Camden Motorcycle Lawyer Can Help
If you’ve been hurt in a motorcycle crash, our Camden motorcycle lawyer can help protect your rights. We will:
- Investigate the Accident: We gather evidence to establish the other party’s liability for the crash.
- Determine Damages: We work with medical and financial experts to calculate the full value of your medical bills, lost wages, pain, and suffering.
- Counter Comparative Negligence Arguments: We challenge the opposition’s argument that your lack of a helmet caused your injuries. We can argue that helmet-related injuries are distinct from those caused by the collision itself, or that the accident would have caused severe harm even with a helmet.
- Negotiate a Settlement: We stand up to insurance companies to seek a fair settlement that covers your losses.
- Represent You in Court: If a fair settlement cannot be reached, we are ready to take your case to trial.
Contact Our Camden Motorcycle Lawyer
If you have been injured in a motorcycle accident, whether you were wearing a helmet or not, the attorneys at Savage, Royall & Sheheen are ready to assist you. Call our Camden office at 803-432-4391 to schedule a free consultation.