When you ride a motorcycle in South Carolina, you should always wear a helmet. Motorcyclists face an inherent safety risk—they are nearly 25 times more likely to be catastrophically injured or killed in a crash than other motorists. A properly-fitting helmet can reduce the risk. That said, our state only legally requires motorcycle helmets for riders and passengers under the age of 21.
Within this blog post, our Columbia motorcycle accident lawyer provides an overview of helmet laws and their role in motorcycle wreck claims in South Carolina.
The Research is Clear: Motorcycle Helmets Reduce Head Injury Risk (Save Lives)
To start, it is important to emphasize that you should wear a motorcycle helmet whenever you ride. If not for legal reasons, you must do so for health and safety reasons. The research on this subject is compelling and clear. Studies consistently demonstrate that wearing a helmet while riding a motorcycle significantly lowers the chance of sustaining a severe traumatic brain injury (TBI).
Indeed, helmets reduce the TBI risk by as much as 70 percent. They save lives. The National Safety Council (NSC) reports “Motorcycle helmets are estimated to be 37 percent effective in preventing fatal injuries to motorcycle operators and 41 percent effective for motorcycle passengers.” To put these figures into perspective, highway safety officials believe that more than 1,000 lives are saved by motorcycle helmets each year.
Do Not Take Chances With Your Safety: Always wear a motorcycle helmet. You do not want to take chances with your head.
An Overview of Motorcycle Helmet Laws in South Carolina
While you should always wear a motorcycle helmet for health and safety reasons, that does not necessarily mean that it is required by law. Motorcycle helmet laws vary on a state-by-state basis. Some states require them for all riders. Other jurisdictions only require them for younger riders.
Our state is the latter. The South Carolina Department of Public Safety (SCDPS) explains that motorcycle helmets are required for riders and passengers who are 21 years of age and younger. Here is a more detailed overview of key points to know about South Carolina state law:
- Motorcycle Helmets are Mandatory for Young Riders: To start, South Carolina law requires all motorcycle riders and passengers under the age of 21 to wear a helmet. The rule is strictly enforced. Failure to comply can lead to fines and other penalties. If you are under 21 and you ride a motorcycle, you are legally required to wear a motorcycle helmet.
- Helmet Specifications (DOT Standards): Helmets must meet the safety standards set by the Department of Transportation (DOT). The standards are designed to ensure that helmets offer adequate protection in the event of a crash, including resistance to penetration, effective shock absorption, and a proper fastening system to secure it.
- Motorcyclists Over 21 Can Choose: South Carolina law holds that riders over the age of 21 in South Carolina are not legally required to wear a helmet. With that being said, the state strongly recommends that all riders (regardless of age) wear a helmet.
- Eye Protection (Mandatory for All): Alongside the helmet law, South Carolina requires all motorcycle riders, regardless of age, to use eye protection. Eye protection can include safety glasses, goggles, or a visor attached to the DOT-approved motorcycle helmet.
How Motorcycle Helmet Laws Can Affect the Personal Injury Claims Process
Will South Carolina’s motorcycle helmet laws have an impact on a personal injury claim for a motorcycle accident? They absolutely could. Indeed, in cases where an injured rider was not wearing a helmet—even if they are not required to by law based on their age—the defense or the insurance company may argue comparative negligence. In other words, if a rider chooses not to wear a helmet and sustains head injuries in an accident, the defense could claim that the rider’s injuries were exacerbated by their decision not to wear a helmet.
They may try to reduce their liability—even if the crash itself was their fault (or the insured’s fault)—based on the fact that the injured motorcyclists’ failure to wear a helmet was a negligent act that made their injuries worse.
The Takeaway: If you do not wear a motorcycle helmet in South Carolina, it could hurt your personal injury claim. The defense and/or insurance company may try to use that fact as justification to reduce the value of your claim. However, it is important to emphasize that helmets are not required by law for motorcyclists who are 21 years of age or older. That you opted not to wear a helmet does not mean that you are automatically at fault for your injuries.
Why Trust Our Columbia Motorcycle Crash Attorney
Motorcycle crashes can cause devastating, catastrophic injuries. A helmet can dramatically reduce the risk of a traumatic brain injury (TBI)—but it cannot eliminate it. You need a top-tier lawyer after a bad collision. The big insurance companies will not look out for your best interests. Christopher R. Hart is an experienced South Carolina motorcycle accident attorney.
Our client testimonials tell the story. Regardless of whether or not you were wearing a helmet, we are more than ready to protect your rights. You need the maximum compensation after a crash, including motorcycle repairs, medical bills, lost wages, pain and suffering, and long-term disability.
Set Up a Free Case Review With a Top Columbia Motorcycle Accident Attorney
At Hart Law, our Columbia motorcycle accident attorney is a skilled, aggressive advocate for justice for families. If you or your loved one was hurt in a motorcycle crash, we are here to help. Insurance companies must be held accountable for paying claims. Give us a phone call now or contact us online for a free, no-obligation case review.
With a law office in Columbia, we fight for motorcycle accident victims throughout all of South Carolina.