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One way they're doing it is by enforcing a city helmet law in a state where bikers have the right to go bareheaded. REMEMBER – SAFETY FIRST. Despite South Carolina motorcycle helmet laws, if you suffered a TBI in a motorcycle accident, insurance adjusters may argue that your failure to wear a helmet contributed to the severity of the brain injury. So it don't hurt us. Get in touch with us today to schedule a consultation appointment. The super-secret stoplight rule: If you come to a red light, after being at a full and complete stop for at least 120 seconds, you may proceed through the red light as if it were a stop sign. "You had people that have a Harley as a toy and they're coming down here for the week playing 'Easy Rider, ' " Rhodes says. Therefore, to lawfully own and operate a motorcycle in South Carolina, you must acknowledge and abide by the following: General Rights and Duties of Motorcycle Operators. 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. Do I Need to Have a Special Driver's License for a Motorcycle in South Carolina? If motorcycles under 21 years of age do not wear helmets, they can receive a misdemeanor citation from law enforcement. Motorcycle accidents are dangerous because of the relative vulnerability of motorcyclists compared to occupants of other vehicles.
Bizarrely, the law goes into very detailed specifications about how a motorcycle should be driven, with the operator "sitting astride the seat, facing forward, with one leg on each side of the motorcycle. " The Supreme Court held that this does not apply to a motorcycle crash where a rider over the age of 21 was not wearing a motorcycle helmet: It is undisputed that Mayes had no statutory duty to wear a helmet at the time of the accident. Is forbidden to operate the motorcycle or carry someone else in a way that will interfere with driving. It should NOT be construed by the reader as LEGAL ADVICE. An operator of a motorcycle can not overtake and pass in the same lane occupied by the vehicle being overtaken, with police officers in the performance of their official duties as an exception. While people vary in terms of their beliefs, most South Carolinians believe an individual's freedom to choose how they live their life is a foundational right. The Legality of Selling or Distributing Helmets, Goggles, or Face Shields. Is South Carolina Considering Any New Motorcycle Helmet Laws? Contact us via live chat, contact form, or by calling our Columbia office at 803-790-2800 or our Myrtle Beach office at 843-427-2800. Concussions and head bleeds are common, and chest injuries, broken necks, and other broken bones are among other injuries suffered by motorcycle riders. Each state sets its own laws on motorcycle helmets. Insurance companies use that expert testimony to ascertain the estimated future costs for damage compensation, as well as the estimated future wages likely to be lost from work. Regardless of whether you were wearing a helmet, you should speak to a South Carolina motorcycle accident attorney as soon as possible after a collision.
Moreover, local authorities might enact ordinances imposing additional and even conflicting equipment requirements. Though most riders are not legally required to wear helmets, they are the best way to protect against a head injury in the event of a crash. It's important to exercise care and caution when riding your motorcycle and to obey all of South Carolina's motorcycle laws. Legislators are also aware that such a requirement is bound to be unpopular among motorcyclists and groups that support them. Motorcycle Accident Attorneys Explain North Carolina Helmet Law. 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.
Riders 21 and over are not required to wear a helmet in South Carolina. Penalties for Breaking South Carolina Helmet Laws. The Law on Motorcycle Helmets. Reflective or light colored clothing at night. According to statistics from the state Department of Public Safety, 91 motorcyclists including those carrying a passenger have lost their lives on South Carolina roads this year, as of October 31: approximately 80 percent were not wearing helmets. Additionally, riders and passengers under 21 years old must wear goggles and a face shield unless the motorcycle has a windscreen. All helmets adhering to the federal standard receive a seal of approval from the DPS. Proper rider training and experience, protective clothing and boots, obeying all of the traffic laws, and driving sober will also help keep you safer on a motorcycle, moped or scooter, but nothing can protect you 100%. The same penalties apply for anyone selling or distributing substandard helmets, goggles, and face shields. 8 percent of total traffic accidents while accounting for about 7. The Myrtle Beach motorcycle crash lawyers at Axelrod and Associates help motorcycle crash victims and their families to recover full and fair compensation from careless drivers who injure or kill motorcyclists on SC's highways. Once convicted, they will be fined no more than one hundred dollars or imprisoned for no longer than 30 days. If you've been injured, we'll even come to you!
The helmet cannot simply be any old helmet, it must come equipped with either a neck or chin strap and be "reflectorized" on both sides (meaning, it needs to have some reflector strips on it). For motorcycle rentals we mandate the use of a DOT-certified helmet. Helmets can protect you from debris that flies up from the road, such as rocks, dirt, and gravel, and can also protect you against tree branches, low hanging signs, and other objects you could come in contact with. "Even inside the house with all the windows shut and everything, the noise is so loud, you can't even watch TV, " says Price. In 1976, however, states got Congress to stop the Department of Transportation from financially penalizing states without helmet laws. According to the CDC, the use of motorcycle helmets saved 1, 895 lives in 2016. Concussions and severe TBI result from a jolt or blow to the head. 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. How does this affect your personal injury case if you were involved in a motorcycle crash? Many pertain to qualifications for a motorcycle license. 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. In this situation, if you received a $500, 000 verdict from the jury, it would be reduced to $400, 000.
Even in minor motorcycle crashes, TBI can occur and can result in long-term consequences. Any person who violates any of the Sections listed above will be deemed guilty of a misdemeanor. Aside from preventing fatal injuries, there is also evidence that motorcycle helmets protect against brain injuries. The law also mandates that the helmet must be a protective helmet of a type approved by the Department of Public Safety (DPS), which requires either a neck or chin strap and reflective material on both sides. You may be eligible for compensation for medical bills, bike repairs, pain and suffering, punitive damages and more.
Check out these sobering statistics: - Motorcycle crashes in South Carolina increased 33% from 2020 to 2021, making them far too common. Any motorcycle used to transport other riders must not only have a seat for that rider, but must also come with footrests for the passenger. Accidents still happen no matter how prepared you are. While this article gives general information, you should contact an attorney if you have a specific question. Head and brain injuries are the leading cause of death in motorcycle accidents. Under SC's modified comparative negligence rule, a driver can be up to 50% responsible for an accident and still recover the full value of their claim minus the percentage of fault allocated to them by the jury.
You should replace a helmet immediately if you're involved in a crash. The department is hereby authorized to adopt and amend regulations covering the types of helmets and the specifications therefor and to establish and maintain a list of approved helmets which meet the specifications as established hereunder. Among the residents who fought for the new laws is retired state trooper Paul Price. To learn more about how we can help you after a motorcycle crash, contact us today and receive a free consultation. Learn more about how this rule works in our article South Carolina Car Accident Laws. Motorcycle riders in South Carolina no doubt love the freedom of being out on the open road, wind in your hair.
Since motorcyclists and passengers age 21 and older are not required to wear a helmet, you may wonder why you should wear a helmet. Wrongful death claims are filed for immediate family members, such as the spouse or children (or parents, if they had no spouse or children). If convicted, the person could face a fine of up to $100 and be imprisoned for up to 30 days. Motorcycle enthusiasts gathered last week at a biker bar outside Myrtle Beach, S. C. The resort area used to attract as many as half a million bikers a year for three annual rallies. Insurance costs are $15/day, which is each 24-hour period of rental time. This included open-head injuries, where the pavement or an object penetrates the skull, and closed-head injuries, where the brain collides with the inside of the skull. Kellum Law Firm has over 40 years' experience dealing with the aftermath of motorcycle accidents and helping survivors get their lives back together. However, everyone who rides a motorcycle is far more at risk of serious injuries and death if they are not wearing a helmet. Motorcycle Helmets FAQs. Since motorcycles lack the protections provided by cars, trucks, SUVs, and crossovers, motorcycle operators and their passengers who are involved in collisions are more likely to suffer traumatic brain injuries, permanent scars, disfiguring injuries, maiming injuries, and more.
Five Reasons to Wear a Helmet. Such burdens would unduly limit a citizen's freedom of movement throughout the State. The law clearly says that every person riding a motorcycle will be granted "all of the rights and shall be subject to all of the duties applicable to the drivers of motor vehicles…" However, this seeming equality doesn't last long, as the statute goes on to say "except as to special regulations…" Let's discuss some of these special regulations and how they impact your freedom to ride a motorcycle in South Carolina. The Palmetto State requires a written and vision test for a permit, and a choice of proof of a safety education course or a road skills test to receive a license.
Penalty For Motorcycle Law Violations. Be careful if you use this law, as anyone coming from other directions likely has a green light and won't be looking out for you. Trust our personal injury attorneys to advocate on your behalf. They can cause blindness and loss of hearing.
In other words, if a motorcyclist is 51 percent or more to blame for an accident, the motorcyclist can be barred from any financial recovery. David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. In general, federal safety standards require that the helmet contain a thick inner liner, a DOT sticker and a manufacturers label. Some helmets include face shields, while others do not.
The City of Myrtle Beach, as part of a series of municipal ordinances seen by many as an attempt to harass and discourage attendance at the area's yearly motorcycle rallies, passed a law requiring all motorcycle riders to wear helmets. SLI provides you with up to $300, 000. Moreover, if your motorcycle lacks a windscreen that meets the minimum standards of the Department of Public Safety (DPS), you must additionally wear eye protection in the form of goggles or a face shield. If they crash, motorcyclists are highly exposed to the impact of other vehicles, the road, and obstacles.