If you were involved in a motorcycle crash, one of the first questions you might ask is whether helmet laws could affect your compensation claim. Motorcycle accidents often lead to serious injuries, especially if your head is not protected. But what South Carolina law says about helmets, and how that applies to your situation, can be more nuanced than you would think.
A motorcycle accident lawyer could help you make sense of Walterboro motorcycle helmet laws and how they impact your case. An experienced motorcycle accident attorney could evaluate your injuries, build your claim, and explain whether your helmet use (or lack thereof) plays a role. At Whetstone Perkins & Fulda, our team knows how to navigate these cases with care, providing legal insight rooted in local knowledge.
Legal Motorcycle Helmet Requirements
State law only requires motorcycle riders and passengers under the age of 21 to wear a helmet approved by the Department of Public Safety. If you are over 21, you are not required by law to wear a helmet while riding a motorcycle in Walterboro or anywhere else in the state.
However, even though helmets are not mandated for adults, going without one could influence your injury claim. If you suffered a traumatic brain injury or head trauma in a motorcycle wreck, the at-fault party might argue that wearing a helmet would have minimized your injuries. That does not automatically mean you lose your right to compensation, but it can be used to reduce the amount you recover under the state’s comparative negligence system.
You may still be entitled to money damages for medical bills, lost wages, and pain and suffering. A knowledgeable attorney could help argue that your injuries were caused by the other driver’s actions, instead of your choice not to wear a helmet.
What Happens if You Weren’t Wearing a Helmet?
You are not alone if you were not wearing a helmet during your bike crash in Walterboro, especially if you were legally allowed to go without one. Unfortunately, however, insurance companies often look for ways to lower the value of your claim, and a lack of helmet use may be one of those tactics.
Your compensation may be reduced if you are found partially responsible for your injuries. If a judge or jury believes your decision not to wear a helmet contributed to the severity of your injuries, your award could be reduced by your percentage of fault. As long as you are not more than 50 percent at fault, you could still recover compensation.
This is where the experience of Whetstone Perkins & Fulda comes into play. Our attorneys understand how to push back against unfair blame and fight for your right to full and fair compensation. We could present medical evidence and expert testimony to show how your injuries occurred and who truly caused the wreck.
Could a Helmet Affect a Motorcycle Injury Claim?
Yes, but not always in the way you might expect. The truth is that even if you were not wearing a helmet, you could still hold someone accountable if they caused your motorcycle crash. The law around helmet use in Walterboro is just one of many factors that might influence the outcome of a motorcycle accident claim.
What matters is proving that the at-fault party breached their duty of care, whether they were distracted, speeding, or failed to yield. South Carolina’s legal standard focuses on negligence, and that means showing someone else acted carelessly and caused your injuries. A lawyer could gather crash reports, medical records, and witness statements to prove the other driver was responsible.
Call a Walterboro Attorney To Discuss Bike Helmet Regulations
After a motorcycle wreck, you deserve answers, and support. Whether you were wearing a helmet or not, you could still have a valid claim against the at-fault party. Pursuing compensation for medical bills, lost wages, and future care is not always simple, but you do not have to do it alone.
Let the legal team at Whetstone Perkins & Fulda help you understand Walterboro motorcycle helmet laws. Our lawyers could work to protect your rights, advocate for your recovery, and push back against unfair blame. The decisions you make now could shape your future, call us today to get the guidance you need.
