Helmet Laws in South Carolina and How They Affect Motorcycle Injury Claims

Riding a motorcycle in South Carolina offers freedom, adventure, and some of the most scenic roads in the Southeast. But it also comes with risks — especially when it comes to safety equipment like helmets. Many riders wonder how South Carolina’s motorcycle helmet laws affect their rights if they are injured in an accident.

At Davis & Snyder, our experienced Greenville motorcycle accident lawyers understand how helmet use (or lack of it) can impact your injury claim. Here’s what every rider should know.

South Carolina Motorcycle Helmet Laws

Unlike some states, South Carolina does not require all riders to wear helmets. The law states:

• Riders under 21 years old must wear a helmet approved by the Department of Public Safety.

• Riders 21 and older are not legally required to wear a helmet.

  
  

This means that if you’re over 21, you can legally ride without a helmet in South Carolina. But just because it’s legal doesn’t mean it won’t affect your accident claim.

How Helmet Use Affects Motorcycle Injury Claims

Even though helmet use isn’t mandatory for all riders, it can still play a role in your personal injury case if you’re injured in a crash. Here’s how:

1. Comparative Negligence – South Carolina follows a modified comparative negligence rule. If you are found partly at fault for your injuries, your compensation may be reduced. For example, if you weren’t wearing a helmet and suffered a head injury, the insurance company may argue that your injuries were partly your fault.

2. Medical Evidence – Wearing a helmet can reduce the severity of traumatic brain injuries (TBIs) and skull fractures. If you weren’t wearing one, insurance adjusters may use that fact to downplay your claim or argue your injuries could have been prevented.

3. Public Perception – Even though it’s not required by law, juries may view helmetless riders less favorably, which can influence the outcome of a trial.

   
   

Common Injuries in Motorcycle Accidents

Helmet or not, motorcyclists are vulnerable to severe injuries, including:

• Traumatic brain injuries

• Spinal cord injuries

• Road rash and severe lacerations

• Broken bones

• Internal injuries

The medical bills, lost wages, and long-term care costs from these injuries can be overwhelming. That’s why it’s critical to work with an experienced motorcycle crash attorney in Greenville, SC who understands how to fight back against insurance company tactics.

Protecting Your Rights After a Motorcycle Crash

If you were injured in a motorcycle accident in South Carolina, don’t let questions about helmet use prevent you from seeking justice. Whether you were wearing a helmet or not, you may still be entitled to compensation for:

• Medical expenses

• Lost income

• Pain and suffering

• Long-term care needs

• Wrongful death (in fatal accidents)

  
  

Davis & Snyder: Motorcycle Accident Lawyers in Greenville, SC

At Davis & Snyder, we know the unique challenges motorcyclists face after an accident. Our Greenville personal injury attorneys are dedicated to protecting riders’ rights and pursuing maximum compensation for their injuries.

Call us today for a free consultation with a Greenville motorcycle accident lawyer. Let our team stand up for you while you focus on recovery.