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By the early 1970's almost all of the states (47 to be exact) had universal helmet laws. Section 56-5-3690 prohibits people from selling, offering for sale, or distributing helmets, goggles, or face shields for use by motorcycle operators, or protective helmets for use by passengers unless they meet specifications outlined by the Department of Public Safety. So, if you just moved to South Carolina, or if you are traveling on your motorcycle in the state, you should know that our state's helmet law may not be the same as your home state. Do I Need to Wear a Helmet in South Carolina? People under 21 must also wear goggles or face screens unless the motorcycle has a windscreen approved by the Department of Public Safety. National statistics have proven that motorcyclists who wear a helmet are relatively safer in a crash than those who do not. North Carolina is one of the 19 universal helmet law cording to North Carolina Department of Motor Vehicles "all operators and passengers on motorcycles and mopeds must wear a motorcycle safety helmet of a type that complies with Federal Motor Vehicle Safety Standard 218. The department is hereby authorized to adopt and amend regulations covering the types of helmets and the specifications therefor and to establish and maintain a list of approved helmets which meet the specifications as established hereunder. A seal of approval from the DPS. Understanding Motorcycle Helmet Laws In South Carolina. What You Need To Know. Be careful if you use this law, as anyone coming from other directions likely has a green light and won't be looking out for you.
The regulation explains that motorcyclists can only operate a motorcycle while sitting on the permanent and attached seat of the bike and that no other passengers will be allowed to ride on bikes unless the bike was designed specifically to accommodate two individuals. In the case of a motorcycle accident, failure to wear a helmet could possibly be considered negligent on your part and could be enough to prevent you from recovering compensation. You may still be able to recover damages even if you were not wearing a helmet, but your motorcycle accident claim will likely be more complicated. While some states require all motorcyclists to wear helmets, South Carolina helmet laws only apply to drivers under 21. Laws mandating helmets for motorcycle riders are currently in place in 20 states. "They lose millions and millions and millions of dollars from us not going there. The Law Offices of James Scott Farrin has helped many victims of motorcycle accidents in the Carolinas fight back. Such changes and additions may periodically render the general information on our website out-of-date, thus, we disclaim any and all liability in respect to actions taken or not taken by the reader based on his or her interaction with the content of this website. Were local authorities allowed to enforce individual helmet ordinances, riders would need to familiarize themselves with the various ordinances in advance of a trip, so as to ensure compliance. According to the South Carolina Department of Transportation, motorcycle helmets must meet certain regulations in order to be labeled "DOT compliant. " With all of those vehicles on the road it is actually quite astonishing that there were only 3, 722 motorcycle accidents in NC in 2017. Stated simply, if you are found to be more than 50% at fault for your injuries, you could be denied compensation.
If you were not wearing a helmet and a negligent driver caused you to crash, they are responsible for 100% of the damages that they caused, which may include your medical expenses, pain and suffering, lost wages, emotional trauma, and even punitive damages in some cases. You can't carry a package, bag, or another item that will prevent you from keeping both hands on the handlebars. 00 of total excess liability Insurance for damage to other persons or other property for $6. Representatives at the State level, Wendell Gilliard, D-Charleston, Seth Whipper, D-North Charleston, and Carl Anderson, D-Georgetown, have co-sponsored and pre-filed a bill that would require all motorcycle riders to wear helmets in the state of South Carolina because of the growing number of motorcycle fatalities that have occurred in the state.
You can only ride while sitting upon the permanent, regular seat. At McKinney, Tucker & Lemel, LLC, we will protect a motorcyclist's right to choose not to wear a helmet. Below, we will discuss SC's motorcycle helmet law and its effect on motorcycle accident cases, including: SC's motorcycle helmet law requires riders under the age of 21 to wear a motorcycle helmet: It shall be unlawful for any person under the age of twenty-one to operate or ride upon a two-wheeled motorized vehicle unless he wears a protective helmet of a type approved by the Department of Public Safety. For motorcycle renters, you have the choice of adding SLI (Supplemental Liability Insurance) which provides additional liability insurance over the State Statutory limit. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. Section 56-5-3610 states that all motorcycle riders are granted all the same rights and are subject to the same duties as drivers of motor vehicles. After he earned his law degree from the University of South Carolina School of Law, Ed joined McKinney, Tucker & Lemel, LLC, in 2017, where he focuses on family law and personal injury law. Are Motorcycle Helmets Required in South Carolina? "I live in a state that requires you to wear a helmet. This remains true whether you're driving a motorcycle, riding as a pillion passenger, or simply taking a brief jaunt down the street.
We have DOT certified helmets available to rent at a minimal cost. While these laws seem straightforward, they often raise questions when it comes to seeking damages after a motorcycle wreck, especially if the rider sustained a brain injury in the collision. Motorcycle riders in South Carolina no doubt love the freedom of being out on the open road, wind in your hair. Are You or Your Motorcycle Passengers Under the Age of 21? Dooring is a type of accident where a motorist opens their door to exit the vehicle without noticing the motorcyclist just behind them. Any motorcycle used to transport other riders must not only have a seat for that rider, but must also come with footrests for the passenger. Local leaders have heard complaints like that for years, and they made several earlier efforts to control the rallies. While drivers have a suite of safety features at their disposal, helmets remain the best protection for motorcycle riders. Following the doctor's orders will also help strengthen your case.
For example, assume you were injured in a motorcycle accident while not wearing a helmet and suffered a traumatic brain injury. It also makes it more difficult for them to argue that your injury was not the direct result of the motor vehicle collision. What To Know About Overtaking, Passing, and Use of Lanes. Correct helmet use when riding a motorcycle can reduce the risk of fatal injuries by 42% and the risk of head injuries by 69%. Even the safest rider in the world can have their life turned upside down in a split second due to someone else's carelessness. It must also have reflectors on both sides. Comparative Negligence and Motorcycle Crashes in South Carolina. Even though it is unpopular among those who advocate the freedom of riding without the requirement of a helmet, safety equipment on motorcycles in the form of helmets and other protective gear can greatly reduce injury or fatality in the case of an accident. § 56-5-3660 (1991) requires the use of a helmet by motorcycle operators and passengers under the age of twenty-one, Mayes was excluded from that duty because he was more than twenty-one years old when the accident occurred. Proper footwear is also recommended for safe operation. Kellum Law Firm has over 40 years' experience dealing with the aftermath of motorcycle accidents and helping survivors get their lives back together. These helmets are available at a reasonable rate for all renters if you choose not to bring your own. Under Section 56-5-3630, an operator of a motorcycle: - Must only sit on the permanent and regular seat when operating a motorcycle and should only carry another person on the motorcycle if the vehicle is designed to carry more than one person. In this article, I hope to clear up common misconceptions by answering questions we often hear about South Carolina's motorcycle helmet laws.
Wearing a motorcycle helmet can protect you against potentially severe head injuries. All helmets, goggles, and face shields must meet the state Department of Public Safety standards. South Carolina Code Section 56-5-3630 is one of several sections of law that explore motorcyclist-only laws. If your loved one died as a result of a motorcycle accident, the executor or administrator of the deceased person's estate can file a wrongful death claim if the victim could have filed a motorcycle accident lawsuit had they lived. Simply put, they will try to limit the damages you receive because you chose not to wear a helmet.
The personal injury attorneys at Jebaily Law Firm have more than 100 years of combined legal experience. SLI provides you with up to $300, 000. When determining your final compensation under comparative negligence rules, the judgment or settlement will be reduced based on how much liability you are found to have for your injuries.
Education saves lives. The Law on Motorcycle Helmets. At McKinney, Tucker & Lemel, LLC, we believe all motorcyclists should wear helmets for safety, regardless of your age. I come here so I don't have to wear one, " Gunter says. Get a free initial consultation today by calling our office or visiting our contact page. To carry a passenger, you must have a motorcycle designed for a passenger, and the passenger can only ride on a permanent, regular seat designed for 2 people, or upon another seat firmly attached to the rear or side of the driver. Myrtle Beach, S. C., is known for its family resorts, picturesque golf courses and big and noisy motorcycle rallies. Given that failure to wear a helmet can be accounted for as negligence when this fact is accounted for in your claim, it could be enough to prevent you from recovering compensation. Moreover, local authorities might enact ordinances imposing additional and even conflicting equipment requirements. Be sure to obtain a copy of the accident report as well as any medical records and documentation of treatment. If you have been injured in a motorcycle accident in SC, the injuries can be severe. Reflective or light colored clothing at night.
Because many motorcycle accidents are very serious, victims often require future medical care and extensive time from work. The city has taken steps to control the rallies, and many bikers are staying away. He helped push through the helmet law, a noise ordinance and several other measures intended to bring the events under control. With this many bikers out there on S. roads and highways, it's important to understand the helmet laws regulating them. Even in non-fatal accidents, a traumatic brain injury (TBI) could have long-lasting or permanent effects on your life. In addition, helmet use increases when laws are passed requiring it, and – though it isn't clear why – the number of motorcycle accidents decrease. To be sold in the United States, motorcycle helmets must comply with Federal Motor Vehicle Safety Standard 218.