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Each state has the right to regulate all aspects of driving or riding on public roadways, including whether motorcyclists are required to wear helmets. In some jurisdictions, every rider is required to have a helmet without any exceptions. In others, motorcyclists over the age of 21 are free to wear a helmet if they choose.
South Carolina motorcycle helmet laws are known for being lax. While anyone under the age of 21 is required to wear a helmet while on a motorcycle, everyone age 21 and up is not obligated to do so. Although helmets might not be mandatory, they can dramatically reduce the severity of injuries in a crash. Our Spartanburg motorcycle accident lawyers can help.
Who is Required to Wear a Helmet in South Carolina?
Under South Carolina law, only people under the age of 21 are required to wear a helmet while riding. This is a major departure from other states—including North Carolina—that require everyone to wear a helmet without exception. This law applies to every person on the bike.
In the past, South Carolina had a universal helmet law requiring all riders and motorcycle passengers to wear a helmet without exception. This was enacted in 1967 but ultimately modified in 1980 to only apply to motorcycle riders under the age of 21.
These helmets must meet certain federal requirements, including displaying a sticker that shows it is U.S. Department of Transportation (DOT) approved. To meet this standard, helmets require:
- Thick inner lining: The most important aspect of a motorcycle helmet is the inner lining. It should be roughly one inch thick and made from material designed to absorb an impact.
- Substantial weight: Light helmets indicate they are not sturdy enough to protect the brain. They should weigh roughly three pounds to qualify as safe for use on a motorcycle.
- Chin straps: In addition to the lining, protective helmets are also required to come with chin straps and rivets. There should be some kind of retention system used to keep the helmet in place.
In addition to these helmet requirements, motorcyclists must use some other safety equipment as well. This includes goggles as eye protection or a visor, unless the bike is equipped with a windshield.
Why Are Helmets Important for Motorcyclists in South Carolina?
While South Carolina’s motorcycle helmet regulations may be limited, there is no doubt that these safety devices offer significant benefits to riders. According to the National Highway Traffic Safety Administration (NHTSA), approximately 25,000 lives were saved between 2002 and 2017 through the use of appropriate helmets by motorcycle operators. The NHTSA estimates that helmets are approximately 37 percent effective in preventing fatal injuries in motorcycle crashes.
The use of helmets is important for the safety of a rider, given that the greatest threat they face is a head injury. An impact from another vehicle or concrete can lead to serious conditions like traumatic brain injuries. In some cases, these critical injuries can prove to be fatal for motorcycle accident victims. Reducing the impact to the head can save lives and limit the severity of an injury in a motorcycle accident.
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How The Lack of a Helmet Can Impact Your Motorcycle Accident Case
The laws related to motorcycle helmet use in South Carolina exclusively relate to criminal penalties should you fail to comply. This comes in the form of a monetary fine for those under the age of 21 who are caught riding without a helmet. However, there are other consequences that can apply to anyone regardless of their age.
If you are injured in a motorcycle accident while not wearing a helmet, the insurance company may try to reduce your compensation based on the comparative negligence rule by citing South Carolina’s negligence laws. In some cases, you have the right to file a motorcycle accident claim even if you were partially at fault for the accident in South Carolina. However, the court must reduce your total recovery by the percentage of fault attributed to you. The insurance company could argue that you were partially to blame for your serious injury due to your refusal to wear a helmet.
Consider the following example. You are struck by a speeding car while riding your motorcycle. The other driver failed to yield the right-of-way by merging into your lane while driving on a highway. Although their careless actions are clearly to blame, your injuries were made worse due to your lack of a helmet.
In total, your damages from the accident are $100,000. After a trial, a jury determined that the other driver was 80% at fault for failing to yield, but you were 20% responsible because of your failure to mitigate your damages by wearing a helmet. The final award would be for $80,000 after considering your shared liability.
When Should I Replace My Motorcycle Helmet?
Like most equipment, your helmet will not last forever. Manufacturers typically recommend replacing your helmet every three to five years. This is because the lining and material within the helmet can degrade over time, making it less suitable for absorbing the impact of a crash. You should replace your helmet sooner if it is damaged in an accident.
Talk to a Motorcycle Accident Attorney About Your Case Today
South Carolina motorcycle helmet laws are lax, giving you the freedom to make your own decision on how you ride. There is ample evidence that a helmet improves your chances of avoiding a serious injury.
If you were hurt in a crash and did not wear your helmet, you are not automatically barred from filing a motorcycle accident lawsuit. Farmer & Morris Law, PLLC, can help you pursue fair compensation and secure the assistance you need. Ready to discuss your legal options with an attorney? Contact us today for your free consultation.
