Yes. The law says that it does not matter whether you were wearing a helmet when it comes to determining the at-fault driver’s responsibility for covering your damages. However, in the practice, insurance companies and their lawyers may use your lack of a helmet in an attempt to reduce the amount they pay on your claim. Don’t let them get away with it.
South Carolina law requires only people who are under the age of 21 to wear motorcycle helmets and protective eyewear. South Carolina repealed its law requiring all riders to wear helmets in 1980. That means it is perfectly legal for a motorcyclist over age 21 to ride without a helmet in South Carolina.
The Insurance Institute for Highway Safety says a helmet is the most important piece of motorcycle safety equipment. Wearing a helmet decreases the severity of head injuries and the likelihood of death in a crash. The federal government estimates that wearing a helmet reduces the risk of dying in a crash by 37 percent.
While it is a smart decision to wear a helmet when riding a motorcycle, it is not a requirement in South Carolina. The decision to ride without a helmet should not affect an injured biker’s right to recover compensation from the at-fault driver.
However, insurance companies often try to shift the blame to unhelmeted riders, even if the rider was older than 21 and the lack of a helmet had nothing to do with the cause of the crash. Don’t let them get away with it. The attorneys at Joye Law Firm stand up for the rights of injured motorcycle riders. Contact us now to find out how we can help.
