Picture this: you are riding down the Ravenel Bridge on a clear afternoon, or cruising through the streets near King Street. Suddenly, another driver cuts you off and you are thrown from your motorcycle. If you were not wearing a helmet, one of your first questions may be, “Do I still have the right to file a claim?”
It is a question we hear often, and the answer is more complex than a simple yes or no. South Carolina law, combined with how insurance companies approach these cases, can have a direct impact on your recovery. Here is what you need to know if you were involved in a motorcycle accident in Charleston without a helmet.
In South Carolina, motorcycle riders and passengers under 21 years old must wear a helmet. If you are over 21, the law does not require it. That means choosing not to wear a helmet is legal for most adult riders. But even if you did nothing illegal, insurance companies often use the absence of a helmet as leverage to minimize payouts after a crash.
Yes. South Carolina law does not prevent you from filing a claim for damages if you were not wearing a helmet. The real issue is how the lack of a helmet might be argued by the other side when determining the extent of your injuries.
Comparative Negligence: South Carolina uses a comparative negligence system. If you are found partially responsible for your injuries, your compensation can be reduced. For example, if a jury decides not wearing a helmet contributed 20 percent to the severity of your injuries, your award could be reduced by that percentage.
Liability Remains Key: The central focus is still on proving that the other driver caused the accident. Eyewitness accounts, accident reconstruction, and medical records all play a role in showing that another party was at fault.
Cases involving non-helmet use can quickly become complicated. Insurance companies are eager to blame the rider and reduce the payout. A Charleston motorcycle accident lawyer can:
Whether you were wearing a helmet or not, you still have rights after a motorcycle accident in Charleston. The aftermath of a crash can leave you with steep medical bills, lost wages, and ongoing pain. You should not face those challenges alone.
Contact Lesemann & Associates today for a free consultation with an experienced Charleston motorcycle accident lawyer. We will explain your options, protect your rights, and fight to recover the compensation you deserve.
