South Carolina Motorcycle Helmet Laws: How They Affect Your Injury Claim

Posted on: August 16, 2022
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Whether you wear a helmet on your motorcycle isn’t just a personal safety decision in South Carolina, it can also become a point of contention if you’re ever hurt in a wreck and need to pursue a motorcycle accident claim. Therefore understanding what the law actually requires, and how helmet use can factor into your case, helps you know what to expect if you’re ever injured on the road.

What Does South Carolina’s Motorcycle Helmet Law Require

South Carolina’s helmet law, found at S.C. Code § 56-5-3660, requires helmets only for motorcycle operators and passengers under the age of 21. The helmet must be approved by the South Carolina Department of Public Safety and equipped with a neck or chin strap and reflective material on both sides. Riders under 21 must also wear approved goggles or a face shield unless the motorcycle has a windscreen meeting state specifications. For anyone 21 or older, South Carolina law does not require a helmet at all, making it one of a shrinking number of states with only a partial helmet requirement.

Can You Still File a Claim if You Weren’t Wearing a Helmet?

Yes. If you are 21 or older, then riding without a helmet is completely legal in South Carolina, and choosing to do so will not prevent you from filing an injury claim after a wreck. If a driver’s negligence caused the crash, you’re entitled to pursue compensation regardless of your helmet status. Riders sometimes assume that skipping a helmet automatically weakens their case, and adjusters count on that assumption to justify a lowball offer before an attorney ever gets involved.

How South Carolina’s Comparative Fault Rule Applies to Motorcycle Claims

South Carolina’s modified comparative negligence rule, codified at S.C. Code § 15-38-15, allows an injured person to recover compensation as long as they’re found 50% or less at fault for the accident. Your recovery is reduced by whatever percentage of fault is assigned to you, and if you’re found to be more than 50% at fault, you cannot recover anything. In motorcycle cases, insurance companies frequently try to introduce arguments about lane positioning, speed, or visibility to shift some percentage of blame onto the rider, which makes a thorough investigation of the circumstances of the collision especially important.

Will Not Wearing a Helmet Reduce Your Compensation?

This is genuinely unsettled ground in South Carolina law. Unlike the state’s seatbelt statute, which explicitly states under S.C. Code § 56-5-6540(C) that a seatbelt violation is not admissible as evidence of negligence in a civil action, the motorcycle helmet statute contains no similar protection. That doesn’t automatically mean a lack of helmet use will be used to reduce your damages. South Carolina courts haven’t definitively resolved how helmet non-use factors into a comparative negligence analysis for riders over 21, since the reported cases addressing this issue have generally involved circumstances where the helmet law didn’t apply in the first place. In practice, insurance companies sometimes still try to raise the issue informally to argue your injuries would have been less severe with a helmet, even though the legal basis for that argument is far from settled.

Common Causes of Motorcycle Wrecks in Greenville

Motorcycle riders in the Greenville area face a particular set of hazards. Left-turning vehicles at intersections are one of the most common causes of serious motorcycle wrecks, since drivers frequently misjudge a motorcycle’s speed or fail to see the motorcycle at all. Lane changes by distracted drivers who don’t check their mirrors or blind spots are another frequent cause, along with drivers following too closely and rear-ending a motorcycle stopped at a light. Road hazards like potholes, loose gravel, and uneven pavement pose a much greater danger to a motorcycle than to a passenger vehicle, and can cause a rider to lose control and crash even without any other vehicle involved.

Busy corridors in South Carolina like Woodruff Road, Laurens Road, and the I-85/I-385 interchange see a disproportionate number of these wrecks, simply because of how much traffic passes through them every day. Weather is another factor riders in the Upstate have to account for, since sudden rain can make painted lane markings and metal surfaces like manhole covers and railroad crossings dangerously slick for two wheels in a way most drivers of vehicles with four wheels never have to think about.

What to Do After a Motorcycle Wreck in South Carolina

After a wreck, you should always get medical attention right away, even if your injuries seem minor, since some injuries like internal bleeding or concussions may not be immediately apparent. Document the scene with photos of your motorcycle, the other vehicle, and the surrounding road conditions, and get contact information from any witnesses. Avoid discussing fault or giving a recorded statement to an insurance adjuster before speaking with an attorney, and keep records of all related medical treatment and expenses moving forward.

Speak with a Greenville Motorcycle Accident Lawyer Today

Our motorcycle accident attorneys at David R. Price, Jr., P.A. know how insurance companies approach motorcycle claims, including the tactics they use around helmet use and lane positioning. We build a case around the facts of the crash itself, gather the evidence needed to establish the other driver’s fault, and push back when an insurer tries to unfairly shift blame onto the rider.

How long a motorcycle accident lawsuit takes in South Carolina depends on the complexity of your injuries and whether liability is disputed, but many cases resolve through negotiation within several months to a year, while more serious or contested cases can take longer if they proceed to trial. If you’ve been hurt in a motorcycle wreck anywhere in the Upstate, including, but not limited to, Greenville, Spartanburg, Laurens, Anderson, Pickens or Oconee County, contact the attorneys at David R. Price, Jr., P.A. today for a free consultation. Our team assists clients throughout the Upstate of South CArolina, including those in the 29601, 29605, and 29611 zip codes.

Frequently Asked Questions

What does a personal injury lawyer do?

A personal injury lawyer is a licensed professional who helps an injured person with his or her legal case. A personal injury lawyer investigates the situation and evaluates the injured person’s legal options. The lawyer files the claim and acts on their client’s behalf both inside and outside the courtroom. Having a personal injury lawyer means having a trained professional fighting for you in your legal matter.

My case is complex. Can you help me?

Our team is ready for even the most complex cases. Whether it is investigating a complicated legal or factual issue, or presenting your case in court, our team can serve your legal needs.

How do I start a personal injury case?

Often, it is possible to negotiate directly with an insurance company without resorting to a lawsuit, but a case doesn’t formally begin until a claim is filed in court. To start a personal injury case, contact our law offices. We will notify the necessary parties of your claim, and we will draft and file your legal papers to start your case.

Why choose David R. Price, Jr., P.A., Attorneys at Law?

We are proud to handle personal injury cases, wrongful death cases, and other important legal matters for individuals and their families. With our extensive experience, determined advocacy, and personalized representation, we get results for our clients. Contact us for a personalized consultation and begin today.

David R Price Jr, P.A. Attorneys at Law

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