How South Carolina’s Helmet Laws Affect Motorcycle Accident Claims

Motorcycles are a popular mode of transportation and recreation in South Carolina, with the state’s scenic highways attracting riders from near and far. However, the risks associated with motorcycle riding are significant, and understanding South Carolina’s helmet laws can play a crucial role in the outcome of motorcycle accident claims. Here’s what you need to know about how these laws may impact your case and how CFJ Injury Lawyers can help you every step of the way.

South Carolina’s Helmet Laws

South Carolina law requires motorcycle riders and passengers under the age of 21 to wear a helmet. The helmet must comply with standards set by the Department of Public Safety, including having a neck or chin strap and reflective material for visibility. Riders over the age of 21 are not legally obligated to wear a helmet, but choosing to do so can have significant legal and financial implications in the event of an accident.

Legal Implications of Helmet Use in Injury Claims

1. Comparative Negligence:

South Carolina operates under a modified comparative negligence system. This means that if you are found partially at fault for your injuries, your compensation can be reduced by the percentage of your fault. For example, if you were not wearing a helmet at the time of the accident and are over 21, the defense may argue that your injuries were more severe due to your lack of helmet use. This argument could result in a reduction of your settlement or court award.

2. Insurance Defense Strategies:

Insurance companies may use the absence of helmet use as a defense to minimize payouts. While South Carolina law does not mandate helmet use for those 21 and older, the insurer may argue that wearing a helmet could have mitigated the severity of your injuries. This underscores the importance of working with experienced legal counsel who can counter these strategies effectively.

3. Medical Costs and Recovery:

Statistics show that helmet use reduces the risk of head injury by 69% and the risk of death by 37%. In 2021 alone, South Carolina reported over 1,800 motorcycle crashes, resulting in hundreds of serious injuries and fatalities. Medical evidence and expert testimony may be crucial in demonstrating that your injuries would have occurred regardless of helmet use, especially if you were not legally required to wear one.

How CFJ Injury Lawyers Can Help You Navigate Your Motorcycle Accident Claim

At CFJ Injury Lawyers, we understand the complexities of South Carolina’s motorcycle accident laws and the unique challenges that come with these cases. With over 40 years of combined experience, our firm has a proven track record of helping clients recover physically, emotionally, and financially after serious accidents.

Why Choose CFJ Injury Lawyers?

• Decades of Experience:

Led by Catherine F. Juhas and Eric Saleme, our team has handled hundreds of motorcycle accident and personal injury cases. Catherine’s extensive legal background, including her cum laude graduation from Charleston School of Law, combined with Eric’s experience in various legal areas and fluency in Spanish, ensures that you receive comprehensive legal representation.

• Personalized Approach:

At CFJ Injury Lawyers, we treat every client like family. We know that no two accidents are the same, and we take the time to understand the unique circumstances of your case. As one satisfied client, Cordell Parler, shared, “Experience with this law firm was very easy, every step of the way with communication. Nothing hidden, no guessing… Will always recommend and use them for next time.”

• In-Depth Knowledge of South Carolina Law:

Our attorneys are licensed in South Carolina and other jurisdictions, giving us the insight and expertise needed to navigate state-specific laws like comparative negligence and helmet regulations.

• Support Every Step of the Way:

• From handling insurance claims to representing you in court, we’re with you every step of the way. Eric Saleme’s dedication to client service includes over 100 hours of pro bono work, reflecting the firm’s commitment to justice and community.

Navigating the Motorcycle Accident Process

After a motorcycle accident, the legal process can feel overwhelming. CFJ Injury Lawyers is here to guide you through every stage:

1. Initial Consultation:

We begin by listening to your story and evaluating the details of your case during a free consultation.

2. Evidence Collection:

Our team will gather all necessary evidence, including police reports, medical records, and witness statements, to build a strong case on your behalf.

3. Negotiations with Insurers:

Insurance companies often attempt to minimize payouts, but our experienced attorneys know how to negotiate for the maximum compensation you deserve.

4. Litigation, if Necessary:

If a fair settlement cannot be reached, we are prepared to take your case to court and fight aggressively for your rights.

FAQs About South Carolina Helmet Laws and Accident Claims

Q: Can I file a claim if I wasn’t wearing a helmet?

A: Yes. If you are over 21, the law does not require you to wear a helmet. However, the defense may argue that your injuries were more severe because of your choice not to wear one. A skilled attorney can help refute these claims.

Q: How does helmet use affect settlement amounts?

A: While helmet use may not bar you from recovering damages, it could influence the amount you receive. Courts and insurers may reduce compensation if they determine your injuries were exacerbated by not wearing a helmet.

Q: What damages can I recover in a motorcycle accident claim?

A: You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and, in some cases, punitive damages.

Q: What should I do immediately after a motorcycle accident?

A: Seek medical attention, document the accident scene, gather witness information, and contact an experienced personal injury attorney to guide you through the claims process.

Conclusion

Understanding South Carolina’s helmet laws and their impact on motorcycle accident claims is essential for protecting your rights and securing fair compensation. Whether or not you were wearing a helmet at the time of your accident, CFJ Injury Lawyers can provide the legal expertise needed to navigate your case. Contact us today for a free consultation and let our dedicated team fight for the justice and compensation you deserve.