There are also three and a half million cars, four and a half million trucks, and around thirty three thousand busses registered in the state… drivers from neighboring states, tourists, etc…many of whom drive frequently above the speed limit, drive under the influence of alcohol, or just drive distracted. As stated under Section 56-5-3640: - All motorcyclists are entitled to full use of a lane, and no motorist can deny them the full use of a lane. Use of Wind Screens. If your loved one died as a result of a motorcycle accident, the executor or administrator of the deceased person's estate can file a wrongful death claim if the victim could have filed a motorcycle accident lawsuit had they lived. It must also have reflectors on both sides. It is well known that every state has a different law regarding this issue, and in South Carolina it is legal to NOT wear a helmet on a motorcycle when you are over the age of 20. In 2008 Myrtle, Beach South Carolina passed its own helmet law, which was ruled invalid by the South Carolina Supreme Court in June 2010. If the motorcyclist is less than 51 percent at fault, he or she can recover compensation. 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. Get Help from a South Carolina Motorcycle Injury Lawyer. Title 56 of the South Carolina Code of Laws says that all motorcycle riders and passengers must wear a helmet if they are under 21 years old. In part, this is why South Carolina's mandatory helmet law was modified in 1980 to allow any adult over the age of 21 to decide to wear a helmet or not. Tired of the noise and constant partyers, Myrtle Beach passed a mandatory-helmet law for all bikers. Moreover, local authorities might enact ordinances imposing additional and even conflicting equipment requirements.
Also, for survivors of a motorcycle crash, wearing a helmet can reduce your head injury risk by 69%. Under South Carolina's comparative negligence law, a plaintiff can still recover damages in a motorcycle accident claim if she or he is partially to blame. The short answer is safety. He recently built his dream house a few blocks from the ocean, but he didn't know at the time that a nearby parking lot hosts biker parties. As such, every motorcycle helmet manufactured domestically or imported and sold domestically meets this standard. South Carolina's temperate climate, diverse natural resources, and abundance of highways and byways make it an ideal place to ride a motorcycle. South Carolina does have a motorcycle helmet law on the books, but it is not the sort of catch-all "universal" helmet law that many other states' legislatures have passed.
"Even inside the house with all the windows shut and everything, the noise is so loud, you can't even watch TV, " says Price. Secure chin straps (or neck straps). Understanding Motorcycle Helmet Laws In South Carolina. 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. Simply put, they will try to limit the damages you receive because you chose not to wear a helmet. When you try on the helmet, it should fit snugly and apply even pressure without that pressure being overwhelming and painful. If you find yourself charged with a DUI, schedule a consultation with a DUI attorney at Futeral & Nelson immediately. Is forbidden to operate the motorcycle or carry someone else in a way that will interfere with driving. So why would a resort city pass a law that's scaring off tourists — especially in this economy? Motorcycle-only laws. Myrtle Beach, S. C., is known for its family resorts, picturesque golf courses and big and noisy motorcycle rallies. Local leaders have heard complaints like that for years, and they made several earlier efforts to control the rallies. "The reason we're suing the city is because we think it's unconstitutional to try to supersede state law, " Herron says.
There are no more than two motorcycles allowed to ride side-by-side in the same lane. Motorcycle Helmet LawsMotorcycle Accident. Have You Been Involved in an Accident? What Happens If You Get in a Motorcycle Wreck Without a Helmet? The state even keeps a specific list of approved goggles and face shields, which they believe serve to keep riders safe and better able to focus attention on the road in front of them. Get a free initial consultation today by calling our office or visiting our contact page. This includes following the state's rules for wearing a helmet. We would like to address the problem concerning the motorcycle helmet law in South Carolina. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. Call today to schedule a free consultation with a motorcycle accident attorney.
This statistic highlights the fact that South Carolina has some of the least restrictive, mandatory helmet laws in the nation – leaving both visitors and residents at risk of serious consequences if involved in an accident. Wearing a helmet can prevent traumatic brain injury (TBI) in a motorcycle crash. The case goes to trial, and the jury determines that your total damages were $250, 000. In Mayes v. Paxton, the SC Supreme Court held that a rider's failure to wear a motorcycle helmet cannot be considered as comparative negligence and that it is not considered assumption of the risk in SC. May not attach themselves or their motorcycle to any other vehicle on the road while operating. Motorcyclist accidents accounted for just 0.
That is the legal answer to the helmet question. After he earned his law degree from the University of South Carolina School of Law, Ed joined McKinney, Tucker & Lemel, LLC, in 2017, where he focuses on family law and personal injury law. Just as a driver who turns left without yielding the right of way, the driver that person collides with with may be distracted or speeding. In this case, the judge would reduce your damages award by 30 percent, or $75, 000, leaving you with a total recovery of $175, 000. However, people over the age of 21 are not any less likely to sustain traumatic brain injury (TBI) or other serious injuries when involved in auto accidents without helmets. The only exception to this is special regulations or other provisions of law which by their nature would not apply.
Motorcycle helmets reduce the risk of head injury by 69% and reduce the risk of death by 42%. You can't carry a package, bag, or another item that will prevent you from keeping both hands on the handlebars. If the motorcyclist is found to be 20 percent at fault, that award would be reduced by 20 percent, or $20, 000. Don't wait to speak to a knowledgeable motorcycle accident lawyer about your case. Of the 141 fatalities, 41 wore a helmet. Those statistics are amply illustrated in South Carolina. According to a National Highway Traffic Safety Administration study, 42 percent of riders elect not to wear helmets. Drivers of cars and trucks are encased in tons of metal and cushions. Wearing a helmet can protect you against injuries to the eye, teeth, and face. When purchasing this coverage, you should strongly consider purchasing UIM coverage as well, which is for YOUR protection.
Each year, SCDOT performs compliance tests to ensure manufacturers are abiding by the rules and regulations. Contact Our SC Motorcycle Accident Lawyers for Help with Your Case. 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. Our experienced team is equipped to handle a wide range of motor vehicle accidents, including car accidents and trucking accidents. South Carolina doesn't require motorcycle drivers or passengers who are 21 or older to wear helmets. But, driving a cycle comes with a risk.