John Price Law Blog

Wearing a Helmet Influences Your Case

It’s no secret that if you’re riding or driving a motorcycle, you should also be wearing a helmet. Helmets greatly improve the chances of surviving a motorcycle crash and can increase the amount of compensation you may receive in a personal injury suit.

In South Carolina, wearing a helmet is only required if you’re under the age of 21. While the law states that it’s mandatory for riders over the age of 21 to wear a helmet, there is no criminal consequences for being caught without one. Many motorcycle accident lawyers though will encourage you to wear helmets always — not only to they strengthen cases surrounding accidents, they keep the rider safe.

If you were recently in a motorcycle accident and were not wearing a helmet, you can still file a personal injury case. However, if there are specific damages that could have been prevented by wearing a helmet, the opposing attorney could argue that their client is not responsible for those damages. This could potentially reduce the number of damages you’d recover from the case. It’s important to consult with a motorcycle accident lawyer to get a full understanding of the case and what you’re qualified to receive.

South Carolina has unique laws on the wearing motorcycle helmets, where even if there is some fault from the injured plaintiff, they can still recover damages from the defendant. This is due to a system of modified comparative negligence. With this system, a judge will determine what percentage of the damages were your own fault, based on things like not wearing a helmet or driving recklessly.

If you or a loved one was recently injured in an accident, contact a motorcycle accident lawyer at the law offices of John Price. Their qualified team of lawyers can assist throughout the process.