Motorcycle accident injuries can be especially serious. Operators and riders may claim compensation.

What if a motorcyclist isn’t wearing a helmet at the time of the crash? Does that affect their compensation?

Our experienced Columbia motorcycle accident lawyers at Shealey Law Firm explain motorcycle accident injuries and the no-helmet question in South Carolina.

South Carolina’s Motorcycle Helmet Law Explained

S.C. Code § 56-5-3660 is the South Carolina motorcycle helmet law. The law requires helmets for motorcycle operators and riders who are under 21 years old. Adults don’t have to wear motorcycle helmets in South Carolina.

When required, helmets must be approved by SCDPS.
Operators under 21 must also wear goggles or a face shield if the motorcycle doesn’t have a windscreen.
Underage riders who fail to wear a helmet may face misdemeanor charges, punishable by a fine of up to $100 or 30 days in jail.

Motorcycle helmet laws are determined by each state. State laws vary significantly.

Does Not Wearing a Helmet Affect Your Claim?

If you’re an adult, not wearing a motorcycle helmet shouldn’t affect your motorcycle accident claim in South Carolina. But that won’t stop the insurance company from trying.

You can be sure the insurance company will tell you you deserve less on the claim. That’s not what the law says – but you’ll have to fight for your compensation.

Motorcycle Accident Injuries and the No-Helmet Question in South Carolina

The rule for motorcycle accident injuries and the no-helmet question in South Carolina comes from the landmark case Mayes v. Paxton, 437 S.E.2d 66 (1993).

The case

In Mayes v. Paxton, the car operator made an illegal left turn. They hit a motorcyclist. The motorcyclist suffered serious injuries.

The argument

The defendant tried to blame the motorcyclist for not wearing a helmet. The defendant made two arguments: First, that by not wearing a helmet, the victim assumed the risk of injury. Second, failing to wear a helmet is contributory negligence.

The court rejected both arguments. Regarding the assumption of the risk, the court said that a victim can’t expressly assume the risk because they don’t know what the other person’s negligent conduct will be. Regarding contributory negligence, the court said that since the law doesn’t require adults to wear helmets, there shouldn’t be a judicial penalty in accident compensation cases.

What if you’re under 21?

So far, there isn’t a South Carolina court case involving a rider under 21 not wearing a helmet. Potentially, if the motorcyclist was under 21, failure to wear a helmet could reduce compensation.

Without a court case, it’s unclear if compensation would be reduced or how it would be reduced. A court could view helmet non-use as assumption of the risk, contributory negligence, or failure to mitigate damages. It’s also possible that the courts would apply none of the above and say that helmet non-use is irrelevant to car accident compensation. Until there’s a court case or a change in the law, the answer isn’t clear.

Note: South Carolina law explicitly states that failing to wear a seatbelt is inadmissible in a civil action. (S.C. Code § 56-5-6540(C)). There isn’t a similar law for motorcycle helmets, either for adults or minors. The legal interpretation for adults comes from Mayes v. Paxton, and currently, there is no legal interpretation for operators under 21.

How Comparative Negligence Applies to Riders

Even though South Carolina law doesn’t impose helmet non-use liability on adult motorcyclists, comparative negligence still applies to the cause of the accident. Anyone seeking car accident compensation must prove that another party is at fault. Usually, that means another driver commits a traffic violation, such as cutting in front of you or rear-ending your bike.

South Carolina uses modified comparative negligence. You may receive compensation if you’re not more than 51% at fault for causing the accident. Not wearing a helmet doesn’t count as fault. Car accident fault is determined on a case-by-case basis.

Shealey Law Firm is a motorcycle accident lawyer. We can evaluate what you may receive in compensation for your motorcycle accident injuries.

Dealing With Insurers Who Blame the Rider

If you’re in a motorcycle accident, you must fight for your compensation. That may be true whether you’re wearing a helmet or not. Insurance companies look for ways to minimize payments. They may have a bias against motorcyclists. They may downplay your injuries.

You can fight back. You don’t have to accept the first offer, or even any offer from the insurance company. Your rights are based on South Carolina law. Motorcyclists have the right to claim damages applicable to their case. There’s no discount for motorcyclists, even if you’re an adult not wearing a helmet.

What Compensation May Be Available

Compensation may include economic and non-economic losses.

How a Columbia Motorcycle Accident Lawyer Can Help

Shealey Law Firm is a Columbia motorcycle accident lawyer. We represent motorcyclists in accident claims – whether or not you were wearing a helmet at the time of the crash.

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Ashley

Luke and his team worked tirelessly on my case and were able to turn a 30 year sentence into a 500 dollar fine. He even helped me with my expungement paper free of charge after my case was resolved. Will always be grateful to Luke and his team.

Aaron

The Shealeys are very pilot oriented respectful lawyers. They always put there clients best interest first and are very good at what they do. They stand up for what’s right and are not just about the money. They fought hard to keep my family together and thanks to them my son has the chance to start his life over again on the right track. Blessed Angel’s in suits. If your in any trouble rather it be civil to criminal I would suggest the best 2 lawyers in the city of Columbia, matter fact the state of South Carolina, matter fact the world contact the Shealeys.

Joseph

I couldn’t be happier with my choice of Shealey Law Firm! Brian was extremely helpful throughout the process in answering questions and keeping me up to date on my case. They are very good people and seemed to genuinely care about my case and helping me. Most importantly, he was able to get the results I wanted. You will not regret using Shealey Law Firm!

Jami

Brian and Luke are thorough and professional, it was easy to communicate with them, and they are great people to deal with. I am very pleased with the outcome of my case because of their exceptional work. I would absolutely use their services again and highly recommend to anyone.

Matthew

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