(864) 585-5100
Motorcycle riders are encouraged to ride safely and take precautions to avoid accidents. Wearing a helmet is not only a key safety measure for riders and passengers, but is required by state law for those under 21. It is important for riders of all ages to understand Spartanburg motorcycle helmet laws when using the road.
If you or a loved one was injured in a motorcycle crash, a dedicated Spartanburg motorcycle accident lawyer could help you understand your options. Contact our motorcycle accident attorneys today to learn more about motorcycle safety and what to do after an unexpected accident.
Motorcycle riders and passengers in Spartanburg under the age of 21 are required by law to wear helmets. South Carolina Code § 56-5-3660 requires helmets that are approved by the State Department of Public Safety, with chin straps and reflective material. State law also requires goggles and face shields for motorcycle riders under age 21, and those items must also meet Department of Public Safety standards.
Notably, motorcyclists ages 21 and older are not required to follow these safety requirements. State law used to require helmets for riders of all ages, but that law was repealed. Currently, motorcycle riders and passengers not wearing a helmet or other required protective gear can face misdemeanor charges and fines.
Motorcycle helmets provide crucial protection for motorcyclists of any age. Though the law does not require it, even those over age 21 are encouraged to use helmets and protective gear because they could mean the difference between life and death in a severe Spartanburg motorcycle accident. Each year, South Carolina reports over 100 motorcycle fatalities, with thousands more non-fatal injuries occurring across the state. Wearing a helmet while riding a motorcycle is said to reduce the risk of head injury by about 69% and the risk of death by 42%, according to the U.S. Department of Transportation.
Motorcycle accidents happen suddenly and unexpectedly in almost all cases. Common causes of motorcycle accidents include:
Motorcycle riders lack the protection available to drivers in cars and trucks and are therefore at much higher risk of catastrophic injury in the event of a crash.
Spartanburg motorcyclists over age 21 can ride without helmets under state law. However, not wearing a helmet could impact a potential claim if an accident happens. Under South Carolina’s comparative negligence law, plaintiffs bearing a percentage of liability for an accident could see their payment reduced in proportion to their share of fault. If a plaintiff’s responsibility for an accident is 51% or higher, they would not be entitled to any damages.
Therefore, insurance companies and defense lawyers will look closely at the injured victim’s role in an accident. If a motorcycle rider is injured and failure to wear a helmet worsens their injuries, their financial recovery could be substantially lessened. Whether you were or were not wearing a helmet in a motorcycle wreck, you should contact an experienced motorcycle accident attorney to review your options.
If you were injured in a motorcycle accident, you may seek financial compensation for your losses. However, Spartanburg motorcycle helmet laws play a role in any potential claim for damages under state law. A motorcycle accident attorney could help you understand your legal rights after a crash. Call our legal team today to schedule a consultation.