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Can a Motorcyclist Be Denied Damages for Not Wearing a Helmet?


Motorcycles represent the freedom of the open road and the joys of living on the hard edge. But even hardcore bikers need to consider their personal protection before starting the engine. After all, a motorcycle provides absolutely no protection to the human body in the event of a car collision. When riders fail to wear their helmets, they often sustain life-altering brain injuries that require immediate medical attention. But can you be denied damages for not wearing a helmet in South Carolina?

South Carolina’s Motorcycle Helmet Laws

We’re going to preface this segment by stating that all motorcycle riders should wear helmets and other protective gear for their own safety. However, per state law, only motorcycle operators and passengers under the age of 21 are legally required to wear helmets. Consequently, these drivers can be fined or ticketed if they are pulled over by a police officer or involved in an accident.

According to South Carolina’s Motorcycle Helmet Law, any motorcycle operator or passenger over the age of 21 can wear helmets at their discretion. This means that you can’t be considered negligent or in violation of the law if you sustain a preventable injury in an accident because you weren’t wearing a helmet.

Pursuing Damages

While you can still pursue compensation for your injuries by filing a personal injury lawsuit, the insurance adjusters may fight your claim by arguing that your failure to wear a helmet contributed to the severity of your injury. As a result, the insurance adjuster may reason that your case warrants less monetary damages. This is why it’s so important to retain the services of an experienced motorcycle attorney who can negotiate with the insurance companies on your behalf.

With the help of a lawyer, you can be awarded damages for:

  • Medical expenses (current and projected)
  • Loss of wages
  • Loss of future income
  • Vehicle property
  • Pain and suffering
  • Costs relating to residual injuries
  • Punitive damages

Schedule a Consultation Today

If you’ve been injured in a motorcycle accident, you’re going to need experienced legal representation to maximize your claim. At Pierce, Sloan, Kennedy & Early LLC, our Charleston motorcycle accident lawyers have recovered millions of dollars on behalf of our clients. We can investigate your case and develop a case strategy that counters the tactics of the insurance adjusters. We provide exceptional services on a contingency fee basis, so you can pursue a favorable case outcome without being concerned about attorney fees.

Call Pierce, Sloan, Kennedy & Early LLCat (843) 968-0886 to schedule a consultation.

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