If you live in South Carolina, you may be interested in purchasing and riding a motorcycle. If that is the case, you may be wondering, does South Carolina have a helmet law? Yes. In most cases, motorcyclists have the same responsibilities vehicle owners do. You are responsible for following the laws so that you and everyone else on the road can stay safe.
McCall Law offers a Florence motorcycle accident lawyer who is passionate about helping his community, especially when it comes to head injury victims. We can help you create a personal injury claim with a more thorough understanding of your rights and what you deserve.
What is South Carolina’s Helmet Law?
Section 56-5-3660 of the South Carolina Code of Laws is very clear when it comes to the state’s helmet requirements. If the operator of the motorcycle or the passenger is under the age of 21, a helmet is legally required.
It is against the law for anyone under 21 to operate or ride a two-wheeled motorized vehicle without head protection, which the Department of Public Safety approves. In 1980, South Carolina repealed a stricter helmet law that would have required motorcycle passengers and riders of all ages to wear helmets.
What is a suitable motorcycle helmet?
South Carolina law requires motorcycle helmets to have reflected material on both sides with either a chin or a neck strap to keep it in place. It also has to be approved by the Department of Public Safety for it to be a legal option.
It is unlawful for companies to distribute or sell helmets and other types of motorcycle gear that the Department of Public Safety does not approve. This ensures that motorcyclists are wearing helmets properly designed to protect them against injuries in the case of an accident.
Penalties for Breaking South Carolina Motorcycle Helmet Laws
Anyone operating or riding a motorcycle under the age of 21 without a helmet can face a misdemeanor offense. If they are ultimately convicted, this can result in a fine of up to $100 and up to 30 days of imprisonment.
This is why motorcyclists need to stay up-to-date with the latest motorcycle laws and only buy gear from trusted distributors and brands.
Other Types of Motorcycle Gear Required in SC
The helmet law in South Carolina is not the only thing a motorcyclist needs to be aware of. If you are under the age of 21, you will also need to wear other forms of protective gear whether you are operating or riding the motorcycle. This includes goggles or face shields that are DPS-approved. These types of gear may not be necessary if the motorcycle is already equipped with a DPS-approved windscreen.
FAQs About Motorcycle Helmets
When should I replace my motorcycle helmet?
Most motorcyclists recommend replacing a helmet every 3 to 5 years if it is not damaged. If the helmet becomes damaged or you have been in an accident, you should replace the helmet immediately.
Motorcycle helmets are designed with protective foam inside of the helmet itself. If this has sustained a blow or has become damaged in any way, it will not provide as much of a cushion in the case of an accident.
Why is wearing a helmet a good idea?
A helmet can protect you from fatal injuries as well as traumatic brain injuries that can have long-term effects. So many people underestimate the power of a protective helmet in the case of a motorcycle accident.
This is one of the most important pieces of gear that is going to protect your head and neck if you get into a crash.
Can not wearing a helmet impact an accident claim?
Because of the motorcycle helmet law in SC, not wearing a helmet at the time of an accident can impact your claim. But that does not mean that you will not be entitled to some compensation. You will only lose the chance of compensation if you are found to be more than 50% at fault for your injuries.
Why is an Attorney Important to Defend Your Right to Compensation?
If you were in a motorcycle accident and suffered a head injury, you should file a claim so that you can receive compensation. This is important when it comes to receiving damages and covering things like damaged property and medical bills.
It is not uncommon for people to hesitate to hire an attorney if they don’t understand what they provide. You may not understand what your rights are or how much compensation you could qualify for. Here are some examples of what an attorney does to help your case:
- Understand the law: A skilled personal injury attorney has years of experience and understands the law in South Carolina. They can instruct you on what to do next and help to break down the process.
- Evaluate losses: A lot of motorcyclists may miss out on receiving the compensation they deserve if they don’t understand their losses. An attorney evaluates the true extent of your losses so that the compensation reflects this accurately.
- Negotiate on your behalf: It is in your best interest to have a skilled professional helping you during the negotiation process. This is vital for receiving fair compensation that covers the extent of the accident.
- Collects evidence: To receive damages for a motorcycle accident, you need evidence to prove who is liable. An attorney has connections and the experience to do this efficiently so that you can focus on other aspects of your case.
Contact a Florence, SC, Motorcycle Accident Attorney
If you or a loved one has been injured in a motorcycle accident in South Carolina, a motorcycle accident lawyer can help you build a case. At McCall Law, we strive to solve our client’s problems so that their case reflects their rights. You can send us a message or call us directly at 843-279-8148 to schedule your free consultation. Don’t let a claim keep you in pain; let us help you get the compensation you deserve!