By: Armada Law LLC December 20, 2024

Understanding South Carolina Helmet Laws: What Riders Need to Know

What to Know About Motorcycle Helmet Laws in South Carolina

South Carolina motorcycle helmet laws require all riders and motorcycle passengers under the age of 21 riding on motorcycles to wear a helmet. The state’s helmet laws further specify that it must be a correct helmet that is approved by the State Department of Public Safety (DPS), featuring a chin strap and reflective material.

South Carolina’s motorcycle helmet law was once a stricter universal helmet law that once required all drivers and passengers, regardless of age, to abide by the motorcycle helmet law by always wearing helmets. That law was repealed, as it was in many other states, replacing it with new motorcycle helmet laws that only pertain to those under the age of 21.

In addition to motorcycle helmet law, South Carolina law also specifies that helmet use with chin straps must also abide by other protective gear. This mandates that those under the age of 21 must wear goggles or face shields. The only exception to using goggles or a face shield is if the motorcycle is equipped with a windscreen that meets DPS requirements. The laws also prohibit the sale of motorcycle helmets, goggles, and face shields that do not abide by DPS or federal safety standards.

The Importance of Wearing Motorcycle Helmets

Why is it so important to wear a helmet? Wearing a helmet not only means compliance with the laws. It also means protection from horrific injuries in motorcycle accidents.

Statistics on Motorcycle Accidents in South Carolina

The South Carolina Department of Public Safety reported 161 motorcycle fatalities in 2021. One of the biggest reasons why officials are urging motorcyclists to wear a helmet isn’t just to follow the rules. When you wear a helmet, you reduce your chances of serious injuries.

Wearing a helmet approved by the U.S. Department of Transportation was shown to reduce the risk of head injury by 69% and the risk of death by 42%. In South Carolina, even those who are not legally required to wear a helmet should think twice. Of the reported fatalities for 2021, 112 of the victims were not wearing motorcycle helmets.

Helmets Prevent Serious Head Injuries

Even if you are over the required age, experts advise that all South Carolinians should consider wearing a helmet to avoid head injuries. No matter your experience on motorcycles, South Carolina roads and inclement weather can be a dangerous combination. When you add in other drivers and their negligence in watching for motorcyclists, the need for riding with a motorcycle helmet secured with a chin strap becomes vital.

Traumatic brain injury is more likely to occur when you do not wear a helmet. You may be 21 or older, but that age difference will not do anything to protect you from injuries if you do not wear a helmet.

What Happens If You Don’t Follow South Carolina Motorcycle Helmet Laws?

If riders break South Carolina’s motorcycle helmet requirement by not using helmets as mandated, then they could face misdemeanor charges. Convictions for riding motorcycles without helmets could result in up to 30 days in jail and fines up to $100. The law also imposes these penalties to anyone who sells helmets or other required motorcycle gear in South Carolina that are not crafted to the specifications set by the laws in the state.

Potential Future Helmet Regulations in South Carolina

Helmets are required to protect riders under the age of 21, though families of those who have been injured or killed on motorcycles are urging for stricter legislation. Currently, there are no changes in the works for these regulations, which is a shame considering that it has been statistically shown that not using a helmet contributes to the death of many motorcyclists of varying ages. If you or a loved one are riders of motorcycles, do your part to protect yourself from injuries even if you are older than the law requires, and wear your helmet.

If Riders Don’t Wear Helmets, Can It Impact the Outcome of a Motorcycle Accident Case?

Can not wearing a motorcycle helmet impact the outcome of your motorcycle accident? The short answer is yes, it most certainly can. It doesn’t matter if you are 21 or over as specified by the law. In a crash, the insurance company for the other driver will jump at the chance to pin you with partial fault under comparative negligence rules.

Even though you will still be able to recover damages through compensation from the driver who caused the accident, if you didn’t use a helmet, comparative negligence may come into play. This essentially means that the insurance company would find that you could have prevented or minimized your injuries if you had a helmet on at the time.

Helmet or not, if you were injured, it is in your best interests to hire an experienced motorcycle accident attorney from a reputable law firm to help you recover compensation after your accident.

What to Do After an Accident on a Motorcycle in South Carolina?

If you were in an accident, make sure you take the following steps to protect your rights:

Call the Police

You should immediately call 911 and ask for law enforcement to come to the accident scene. Officers will create a police report, which will detail their findings. If the other driver violated any rules of the road, they will be issued a citation and this will be included on the report.

Get Contact and Insurance Information from the Other Party

After an accident, you need to exchange contact and insurance information. This is required by law for anyone involved in a crash.

Seek Immediate Medical Attention

You’ll most likely be shaken up from the wreck, but don’t mistake the adrenaline you feel for being fine. Most motorcyclists wind up with wounds of some kind, and many of those wounds may be under the surface. Brain injuries and internal bleeding may not show immediate symptoms, and it is vital that you get the treatment you need promptly to prevent the worsening of these conditions.

Gather Evidence

The report from the police and your medical records will be evidence when seeking compensation from the at-fault party who caused your crash. However, there will be evidence on the scene that you can document through photos and videos. There may also be witnesses who can share their account of what they saw, potentially aiding you in your quest for compensation.

Contact a Law Firm That Helps Victims of Motorcycle Accidents

It is a sad fact that the majority of motorcyclists in a wreck will have life-threatening injuries and will need to be transported to the hospital. If you wake up in a hospital bed with a fuzzy recollection of what happened, the need for a legal team is imperative.

Serious injuries will mean that you will have extensive medical bills, and will likely require future medical care. You may be unable to work and lose your income, all while bills begin piling up. When you are transported from the scene to the hospital, you miss the opportunity to capture evidence that can prove why you deserve compensation.

The most important step is contacting a law firm to speak with a motorcycle accident lawyer and get the representation you need. When you hire an attorney, you will have someone who can gather evidence that you were unable to get and fight for justice on your behalf. Your attorney can track down traffic camera footage or surveillance footage from nearby businesses to help show what happened.

They can also contact any witnesses listed on the report the police created and hire accident reconstructionists and other experts to provide their expert testimony. Without this assistance, it may be difficult to get the full amount of compensation you deserve for your damages.

If you or a loved one were hurt, contact Armada Law. We provide free initial consultations at our law offices that allow you to learn more about the legal options available in your situation. You can then decide the best course of action to help you move forward.