Motorcycle Endorsement is Mandatory in the State of South Carolina for motorcycle rentals. In 2021, there were 148, 851 motorcycles registered in the state – that's more than 2, 800 motorcycle registrations per 100, 000 people. 8 percent of total traffic accidents while accounting for about 7. If you have any questions about SC's motorcycle laws, contact our attorneys by calling 800-533-6845 or by submitting a free case evaluation form on our website. For example, assume you were injured in a motorcycle accident while not wearing a helmet and suffered a traumatic brain injury. Must operate a motorcycle sitting on the seat, facing forward, with one leg on each side. In part, this is why South Carolina's mandatory helmet law was modified in 1980 to allow any adult over the age of 21 to decide to wear a helmet or not. Can I Still File A Lawsuit After A Motorcycle Accident If I Wasn't Wearing A Helmet? In other words, far more fatalities in our state were not wearing a helmet at the time of the deadly crash.
If you have a question about a North Carolina helmet law or the role of a helmet in a North Carolina motorcycle wreck, feel free to contact the Raleigh, North Carolina motorcycle wreck lawyers at Hendren Redwine & Malone for a free consultation. If you've been injured, we'll even come to you! Helmets go a long way towards ensuring riders' safety. In 2011, 79% of motorcycle accidents in South Carolina resulted in the death of the cyclist. All of these injuries are potentially catastrophic, meaning that victims may never work again, or perform the ordinary activities of daily living (ADL), such as bathing and dressing, that we take for granted. More Helpful South Carolina Laws & Car Accident Blogs: Commenting for this entry is disabled. If the plaintiff is more than 50% responsible, however, they are barred from any recovery. The short answer is "yes, " but allow me to explain. The North Carolina helmet law can be found at N. C. G. S. 20-140. Even in minor motorcycle crashes, TBI can occur and can result in long-term consequences. People under 21 must wear helmets.
South Carolina has the 10th highest rate of motorcycle fatalities in the country, according to the most recent statistics from the GHSA. South Carolina law, however, only requires those younger than 21 to wear a helmet. Reflectors on both sides. If you've been injured in a South Carolina motorcycle accident and have concerns, feel free to contact the South Carolina Motorcycle Injury Lawyers at Riders Law Group today at (843) 310-4949. We'll start with creating an attorney-client relationship, then communicate with the insurance company to secure the compensation you deserve for your personal injury claim. In Mayes v. Paxton, the SC Supreme Court held that a rider's failure to wear a motorcycle helmet cannot be considered as comparative negligence and that it is not considered assumption of the risk in SC. When crashes occur, motorcyclists need adequate head protection to prevent one of the leading causes of death and disability in America — head injuries. Now, the new measures, which apply to all the rallies, have sparked a different kind of lawsuit. Our South Carolina motorcycle accident lawyers are proud to serve drivers throughout the state, with offices conveniently located in Aiken, Beaufort, and North Charleston. It is well known that every state has a different law regarding this issue, and in South Carolina it is legal to NOT wear a helmet on a motorcycle when you are over the age of 20. Why aren't people over the age of 21 legally required to wear helmets in South Carolina?
South Carolina legislators are considering making the mandatory use of motorcycle helmets the law within the state. According to the CDC, the use of motorcycle helmets saved 1, 895 lives in 2016. 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. We will be with you all the way navigating the laws, dealing with insurance companies, and working to get you the best possible settlement for your case. Include a manufacturer sticker – All DOT compliant motorcycle helmets must be labeled to include the manufacturer's name, the model, the size, the month/year it was manufactured, its materials, and instructions for the owner.
What To Know About Overtaking, Passing, and Use of Lanes. This includes following the state's rules for wearing a helmet. Change the SC Motorcycle Helmet Law. Our motorcycles are available to drivers 21 and older, who have a valid motorcycle endorsed driver's license (NOT A PERMIT). Don't wait to speak to a knowledgeable motorcycle accident lawyer about your case. Penalty For Motorcycle Law Violations. Secure chin straps (or neck straps). Motorcycles helmets are not required for riders 21 and older anywhere in the state of SC – including the City of Myrtle Beach. A good example of equality under the law is a regulation that specifies that motorcycles are entitled to the full use of a lane of traffic and that no other vehicles on the road are permitted to drive in a way that would deprive the motorcyclist the full use of that lane. According to the U. S. Centers for Disease Control and Prevention, helmets reduce the risk of death in motorcycle crashes by 37 percent and reduce the risk of injury by 69 percent. 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. Riders 21 and over are not required to do so. Why Should You Wear a Helmet?
Do I Need to Have a Special Driver's License for a Motorcycle in South Carolina? Medical costs, damages and other legal matters can best be addressed through the advice of a competent legal professional. Someone under 21 who violates South Carolina's motorcycle helmet law faces a misdemeanor offense. § 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. Check out these sobering statistics: - Motorcycle crashes in South Carolina increased 33% from 2020 to 2021, making them far too common. If a Loved One Dies. Hurt in a motorcycle accident? 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. The SC Supreme Court also held in Mayes v. Paxton that assumption of the risk does not apply to a motorcycle crash where a rider over the age of 21 was not wearing a motorcycle helmet: As a matter of law, we find that a motorcyclist's decision to ride without a helmet does not imply his consent that motorists are relieved of the duty to use reasonable care toward him. For example, North Carolina, with its "all-inclusive helmet law, " has a much lower fatality rate than its neighbor to the south, with only three deaths this year caused by motorcycle crashes as of September 2011. SC's statewide motorcycle helmet law applies everywhere in the state of SC – including every county and every municipality, and including the City of Myrtle Beach…. First, know that motorcycles are required to follow all of the same laws as cars. You should choose an alternative mode of transportation if you are medically unable to wear a helmet.
I come here so I don't have to wear one, " Gunter says. Do n't drink and drive a motorcycle or you are subject to criminal penalties, potential civil liability, and severe personal injuries. Herron's lawsuit is before the South Carolina Supreme Court, with a decision likely in the next several months. A hard blow to the head could be fatal. You must keep your headlights on. That led to a discrimination lawsuit from the NAACP that took years to settle. In this case, the judge would reduce your damages award by 30 percent, or $75, 000, leaving you with a total recovery of $175, 000.
Under S. Code § 56‐5‐3660, all motorcycle operators and passengers under the age of 21 must wear a helmet that: - Has S. Department of Public Safety (DPS) approval. A neck or chin strap. When you call our office, we will take the time to match you with an attorney who is best suited to help you. Motorcyclist accidents accounted for just 0. The only real difference between bikes and cars in terms of vehicle lane usage is that motorcycles are allowed to drive two abreast in a single lane whereas passenger cars are not. If convicted, the person could face a fine of up to $100 and be imprisoned for up to 30 days.
While it may seem appealing to try to handle a case on your own, it's rare that acting independently of a lawyer will yield the best results for the plaintiff. Note that many motorcycle accidents are fatal. Despite the overwhelming evidence that wearing a helmet saves lives, many states changed their laws to partial helmet laws which require only some riders, usually minors, to wear helmets. Section 56-5-3660 states that it is unlawful for an operator or passenger of a two-wheel motorized vehicle under age 21 to do so without a proper helmet. Concussions and head bleeds are common, and chest injuries, broken necks, and other broken bones are among other injuries suffered by motorcycle riders.
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