Will You Lose Your Motorcycle Accident Case in South Carolina if You Weren’t Wearing Your Helmet?

It’s that time of year when the weather is getting nice and it is a lot warmer outside. People who have bikes or motorcycles can’t wait for spring to arrive. They can take to the open roads on their motorcycles. Not a bad way to spend a weekend if you’re a motorcycle enthusiast.

If you need a skilled injury lawyer contact us immediately.

The problem is, riding a motorcycle can be dangerous. The only thing that really stands between you and the road is a plastic helmet. If you’re hit by a car or SUV, you don’t stand a chance. At a minimum, you’ll suffer some pretty serious injuries. Worst case, you could end up permanently disabled or even pass away from your injuries.

Knowing this, one would think that South Carolina would have a law requiring you to wear a helmet. This is not the case. Many states have these types of laws to protect their citizens. They figure, even if you only wear a helmet to avoid getting a ticket, it still helps offer protection in the event of a crash. Sadly, if you get into a motorcycle crash and aren’t wearing your helmet, the results could be disastrous. They could even be deadly.

If you’re in any sort of motorcycle crash in Greenville, you really should call an experienced injury lawyer. They can review your case and help determine how not wearing your helmet can impact your case.

What is the Helmet Law in South Carolina?

In South Carolina, there is no law that says you have to wear a helmet while driving your motorcycle. This is true for the driver and the passenger. The only people who are required to wear a helmet while on a motorcycle is someone under the age of 21. This is unlike most other states. Generally speaking, the law requires you to wear a helmet and even protective eyewear. The fact that this isn’t required in South Carolina is good news for motorcycle accident victims.

If you choose not to wear a helmet, you need to understand that you’re putting your health at risk. If you get into a crash, there is nothing to protect your head, brain, and neck. If you get ejected off your bike and thrown to the ground, there’s nothing to soften the blow. If, however, you still choose to risk injury, it may or may not impact your lawsuit.

Not Wearing Your Helmet Can Cost You Damages

South Carolina follows something called the comparative negligence rule. This means that, if you’re partially at fault for your motorcycle accident, you can still file suit. However, your damages will be reduced by your degree of fault. Some states have a rule that your lawsuit will be dismissed if you’re found to be even one percent at fault. Thankfully, this isn’t the rule in Greenville, South Carolina.

This doesn’t mean that not wearing your helmet won’t impact your lawsuit. If you suffer a head or brain injury in your motorcycle crash, the defendant is going to raise the issue if you had your helmet on. If you did not, their lawyer is going to claim that you failed to mitigate your damages. Had you worn your helmet, maybe you wouldn’t have suffered any serious injuries. Your damages can be reduced by your percentage of fault. So, if you’re found to be 20% at fault, your judgment will be reduced by 20%.

Call an Experienced Motorcycle Accident Attorney Right Away

If you or your loved one are injured in a motorcycle crash, contact an experienced personal injury attorney in Greenville, South Carolina. You will likely suffer some pretty serious injuries. The last thing you’ll feel like doing is dealing with the insurance company. Your attorney can do this for you. They’ll find out if your claim is going to be paid. If so, great – you’ll get your check within a week or two. If, however, your claim is denied, you may need to file a personal injury lawsuit. Thankfully, your Greenville personal injury lawyer can help you do this.

Contact us today and schedule your initial consultation. It’s absolutely free and you won’t have to pay a dime until you settle your case. Sit down with someone who knows how to handle a case like yours. They can also answer any questions you may have. Set up a date and time to come in the office and let our team help you.