Motorcycle riders in South Carolina must follow specific safety laws depending on their age. If a rider is under 21, state law requires them to wear an approved helmet whenever they ride. Adults 21 and older can legally choose whether to wear a helmet on public roads.
Even though adult riders can legally choose not to wear headgear, going without safety gear carries real risks on the road. Insurance companies often try to invoke the South Carolina helmet law against injured riders after a crash to reduce their insurance payouts. Knowing your rights under the South Carolina motorcycle helmet law helps protect both your health and your financial future.
If a negligent driver hits you while you are riding on a motorcycle, your helmet choice can impact your personal injury claim. At David R. Price, Jr., P.A., our legal team helps injured motorcycle riders pursue maximum compensation after a collision.
Does South Carolina Have a Helmet Law?
Yes, under S.C. Code Ann. § 56-5-3660, any person under 21 years old who operates or rides on a motorcycle must wear a helmet. The helmet must meet a few basic requirements:
- It must be approved by the South Carolina Department of Public Safety (SCDPS).
- It needs a neck strap or a chin strap.
- It must have reflective material on both sides.
Adults who are 21 and older are not legally required to wear a helmet. They can choose whether or not to wear a helmet while riding.
The law also covers eye protection under S.C. Code Ann. § 56-5-3670. If you are under 21 and your bike does not have a windscreen, you must wear an approved face shield or goggles. Adults are exempt from this requirement, though eye protection is always a smart choice when riding a motorcycle on the highway.
If an underage rider violates the SC helmet law, they face a misdemeanor traffic infraction. This usually results in a fine. Beyond the risk of fines, riding without a helmet significantly increases a person’s risk of severe head trauma.
South Carolina Motorcycle Helmet & Accident Statistics
Bikes make up a tiny slice of the traffic on the roads, but motorcycle riders represent a significant portion of the fatality numbers.
South Carolina lost 161 motorcyclists in 2021, according to SCDPS motorcycle safety data. That same year, 5,932 riders died nationwide. Motorcyclists keep getting hurt and killed at rates well above their share of the vehicles on the road.
Two patterns stand out for anyone thinking about whether or not to wear a helmet while riding a motorcycle in South Carolina:
- Head injuries drive the death toll. A rider’s head has almost nothing between it and the pavement. Helmets cut the odds of a fatal head injury by a wide margin.
- Many victims had no helmets on. In one multi-year stretch, roughly two out of three South Carolina riders killed in crashes were not wearing helmets.
Other South Carolina Motorcycle Safety Requirements
Helmets get the attention, but state law covers more than headgear. A few other rules apply to every rider, no matter their age.
Under S.C. Code § 56-5-3650, a motorcycle carrying a passenger must have footrests for that passenger. A motorcycle also needs a rearview mirror. Your bike must run with a headlight on at all times, even in daylight, and have a red rear brake light and a rear reflector that shows from 500 feet away.
South Carolina also gives riders the right to a full width of a traffic lane. Lane splitting, riding the line between two rows of cars, is not allowed.
It is illegal to sell helmets, goggles, or face shields in the state that do not meet SCDPS standards. When you shop for gear, look for the DOT sticker on the back of the helmet. That mark shows it meets Federal Motor Vehicle Safety Standard 218.
How Not Wearing a Helmet Can Affect Your Motorcyle Injury Claim
If you are 21 or older, it is legal to choose not to wear a helmet. However, insurance adjusters will still try to use it against you if you get hurt in a crash caused by someone else.
Adjusters often argue that your missing helmet made your head injury worse. They use that claim to reduce your payout, even though the helmet had nothing to do with the collision itself.
South Carolina uses a rule called modified comparative negligence. Under S.C. Code § 15-38-15, an injured person can still recover money as long as they are not more than 50 percent at fault. However, an injured person’s share of the blame reduces what they collect. If a jury finds them to be 10 percent responsible, their award drops by 10 percent. If they are more than 50 percent at fault, they receive nothing
The helmet argument tries to shift blame onto the injured rider. A good attorney pushes back with the facts of the crash, the medical records, and the plain truth that a legal choice is not negligence. This is one of the biggest reasons why injured motorcycle riders should call a lawyer early. What you say to an adjuster in the first week can follow your case for months.
Our Greenville motorcycle accident attorneys know insurance companies’ tactics and how to answer them.
Steps to Take After a Motorcycle Accident in SC
What you do right after a motorcycle wreck protects both your health and your legal claim. Here are the steps to take after a motorcycle accident claim.
- Get to safety and call 911. Report the crash and ask for medical help, even if you feel fine. Adrenaline can mask serious injuries.
- See a doctor the same day. A gap in treatment gives the insurer room to argue you were not really hurt.
- Gather what you can. Photograph the bikes, the cars, the road, and your gear. Get names and numbers from drivers and witnesses.
- Keep the police report number. You will need it for your claim.
- Say little to the other insurance company. You do not have to give a recorded statement to the at-fault driver’s company.
- Call a lawyer before you sign anything. Early advice is free, and an uninformed signature can cost you your case.
Deadlines matter, too. In most South Carolina injury cases, you have three years from the crash date to file a lawsuit under S.C. Code § 15-3-530. However, claims against a governmental body usually have a shorter deadline. Waiting too long to start a valid case can ruin it.
Types of Compensation Available After a Motorcycle Accident
Persons injured in a motorcycle wreck have a right to claim far more than a hospital bill. If another driver caused your crash, you may be able to recover money for several kinds of losses.
Common categories of damages include:
- Medical costs, from the ambulance ride to future surgeries and therapy.
- Lost wages for the time you are not able to work.
- Lost earning ability if your injuries keep you from your old job.
- Pain and suffering for the physical and mental toll of your injuries.
- Property damage to repair or replace your motorcycle and gear.
In cases of extreme recklessness, such as crashes caused by a drunk driver, a jury may also award punitive damages. Those damages are meant to punish the driver, not just repay the injured claimant. Every case is different, so the value of your claim will depend on your injuries, your recovery, and the facts of the wreck.
Contact Our Motorcycle Accident Lawyers in SC
If a careless driver has hurt you or someone you love, the legal team at David R. Price, Jr., P.A. knows how to build strong claims for injured riders.
Call our Greenville office today at 864-271-2636 to request a free consultation. We serve every part of the city of Greenville, including these zip codes: 29601, 29602, 29605, 29606, 29607, 29609, 29611, 29612, 29614, 29615, and 29616. We also proudly serve the rest of the Upstate of South Carolina, including, but not limited to, Spartanburg, Anderson, Laurens, PIckens, and Oconee Counties.
FAQs
+ Can I still get compensation if I was not wearing a helmet during a crash?
Yes. South Carolina allows you to seek damages even if you were not wearing a helmet. The defense may try to claim that your lack of a helmet made your head injuries worse, but this will not stop you from holding the at-fault driver responsible for causing the crash.
+ Does South Carolina have a helmet law for all riders?
No. The SC helmet law only requires helmets for operators and passengers under 21. Riders 21 and older may choose to ride without one and break no law.
+ Do motorcycle passengers have to wear a helmet in SC?
Only passengers under 21 must wear one. A passenger who is 21 or older can choose to ride without a helmet, even if the driver is younger. The law is directed at the specific individual that may be required to wear a helmet, not just the age of the motorcycle operator.
+ Do mopeds and scooters require a helmet in South Carolina?
Yes, if the rider is under 21. Anyone under 21 operating or riding a moped must wear the same type of approved helmet required for motorcycles. A moped helmet violation is a misdemeanor and carries a fine. Riders 21 and older are not required to wear one.
+ How do I know if my helmet is road legal?
ECE 22.05 outlines a series of tests that a helmet must pass to achieve certification. Any helmet bearing this code is not only legal, but also meets the minimum safety requirements. Many manufacturers construct their helmets to far exceed this standard.