I Wasn't Wearing a Helmet: Can I Still Recover Compensation After a Motorcycle Accident?
Wearing a helmet is one of the best ways to protect yourself from being injured in a motorcycle accident. Helmets protect motorcyclists from traumatic brain injuries and spinal cord injuries. What if you were involved in a motorcycle accident and you were not wearing a helmet? Perhaps you had a temporary lapse in judgment, or you forgot to put on a helmet that day. You may be wondering whether you can recover compensation from the person or company who caused the accident. The answer will depend on your state's laws.South Carolina Helmet Laws
According to South Carolina law, Motorcycle drivers who are over 21 are not required to wear a helmet. As a result, if you were involved in a motorcycle accident and suffered an injury, you were not in violation of any state laws. As long as you can prove that the other driver caused the accident, you can pursue compensation through an insurance settlement or personal injury lawsuit.
South Carolina's helmet law changed in 1980. Now, only writers who are 20 and under are required to wear a helmet. Other motorcyclists are free to not wear a helmet. Even though motorcyclists have the law on their side, insurance companies will try to argue that the injury is partly due to the driver not wearing a helmet. They will use this argument to try to limit your compensation.
If you have been in a motorcycle accident in South Carolina while not wearing a helmet and you sustained injuries to areas other than your neck or head, the fact that you were not wearing a helmet would be irrelevant. Working with the right attorney can help you obtain the compensation you deserve, whether you were wearing a helmet or not.Seeking Compensation After a South Carolina Motorcycle Accident
To obtain compensation, you will need to prove that the accident was due to another person or company's negligence. This is true whether or not you were wearing a helmet on your head when the accident occurred. Most accidents involve one or more drivers driving negligently or recklessly. For example, if a driver made a left-hand turn after the light turned red, colliding with your motorcycle when you had the right of way, that driver would be financially liable for your injuries. Likewise, if a drunk or distracted driver swerved into your lane and collided with your motorcycle, they would be liable for your injuries.
Other motorcycle accidents are caused by poor road conditions, such as debris on the road or potholes that the city still needs to repair. Poor road conditions can affect motorcyclists more than other drivers because motorcyclists are so low to the ground. A larger vehicle may roll over a pothole with limited damage. When a motorcyclist goes over the same pothole, it could cause the motorcycle tire to be stuck. The force of the incident can result in the motorcyclist being thrown off the motorcycle and suffering injuries.
In these cases, motorcyclists may bring a suit against the negligent construction company or the municipality responsible for the poor road condition to recover damages. Regardless of who caused your motorcycle accident, the right attorney can help you determine who was at fault by gathering evidence and developing a legal strategy to get you the compensation you deserve.Compensation Available in South Carolina Motorcycle Accident Cases
In South Carolina, victims of motorcycle accidents can pursue economic and non-economic damages. Economic damages such as medical costs, lost income, property damage, and more are easily quantifiable. Non-economic damages include compensation for pain and suffering, disability, and loss of companionship. It is essential to work with an attorney who can help you understand the total value of your claim and all of the expenses you will incur from your injuries both now and in the future.Discuss Your Case With a South Carolina Motorcycle Accident Attorney
If you or your loved one were injured in a motorcycle accident in South Carolina and you were not wearing a helmet, do not despair and assume that you cannot recover compensation. It is worth taking the time to reach out to an attorney who can give you an overview of all of your legal options.
You only have a limited amount of time to file a claim for compensation in South Carolina. The sooner you discuss your case with an attorney, the sooner your attorney will be able to begin investigating your case. Contact Arnold & Smith, PLLC, to schedule your free initial consultation as quickly as possible.