How Helmet Use Can Impact Your Case

Whether you are traveling on two wheels or four, hitting the road is a risk. But with little standing between them and the road, motorcyclists are at a disadvantage. In fact, motorcyclists and their passengers are 27 times more likely to be killed in an accident than those in cars. That is why wearing a helmet and protective gear is so important. Studies show that helmets are 37% effective in preventing fatalities and 67% effective in preventing brain injury.

Here at West Law Firm, our accident attorneys have handled many motorcyclists’ claims – and fought to recover maximum compensation for their injuries. Because part of staying safe means knowing the facts, our team has provided answers to these common questions.

Am I required to wear a helmet when riding a motorcycle in South Carolina?

Riders over the age of 21 are not legally required to wear a helmet. South Carolina law, however, requires that anyone under 21 wear a helmet while riding or operating a two-wheeled motorized vehicle. That said, our motorcycle accident attorneys highly recommend wearing a helmet – every ride, every time.

Can I file a lawsuit even if I was not wearing a helmet?

Yes. Because it is not against the law to ride a motorcycle without a helmet, you can still file a lawsuit against the responsible party. Keep in mind, though, that the damages you recover may be impacted if you made the decision not to wear a helmet. For instance, if you suffered a head or neck injury, the insurance company will try to blame your injury on your actions, shifting the blame from the liable party.

How will not wearing a helmet impact the amount I recover?

This varies from case to case and depends on the specific scenario. During your free consultation, our accident attorneys will learn more about your case – and be able to give you a better idea of how your failure to wear a helmet may affect your case.

How can I stay safe while riding a motorcycle?

In addition to wearing a helmet every time you ride, do the following:

  • Complete a safety course.
  • Check the forecast before you ride to avoid inclement weather.
  • Wear protective gear, such as boots, a jacket, gloves and long pants.
  • Follow all rules of the road, especially the speed limit.
  • Watch for upcoming road hazards.
  • Ride defensively, assuming that other drivers do not see you.
  • Never ride while under the influence or drowsy.

If you have been injured in a motorcycle accident, contact West Law Firm today. Our legal team will fight for the compensation you deserve, and work to hold the at-fault driver accountable. Call 843-376-6189 or click here to schedule your free consultation at our Moncks Corner office.

Scroll to Top