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Motorcycle Accident FAQ: Does it matter whether or not I was wearing a helmet?

Motorcycle Accident FAQ: Does it matter whether or not I was wearing a helmet?

| Nov 26, 2013

Unfortunately, auto accidents occur each and every day.  With those accidents come a slew of regularly asked questions by those involved.  Who's at fault?  What could have been done to prevent the accident?  When it comes to a motorcycle accident , any motorcycle or car accident attorney will tell you that one of the more frequently asked questions of a motorcyclist involved in a mishap would be "Should I have been wearing a helmet?"


First and foremost, nearly anybody would answer 'yes' to that question. Wearing a helmet will not only increase the chances of saving your life in the event of an accident; when it comes to the legal portion of the situation, whether or not you were wearing your helmet could also make quite a difference in how things will pan out legally.

State Laws and Regulations

Not all states enforce the same motorcycle requirements and laws .  Drivers in Greenville, SC, Charleston, SC and other statewide areas abide by specific rules and regulations that have been derived by the Motor Cycle Safety Foundation; motorcyclists and passengers under the age of 21 must wear a Department of Highways-approved helmet that is equipped with a chin or neck strap and proper eyewear.  It is best to keep up-to-date with the Department's current regulations before operating a motorcycle in South Carolina. 

There are potential issues that can arise in a motorcycle accident case.  Motorcycle and car accident attorneys can observe and analyze your compliance with traffic and motor vehicle laws, regulations, medical treatment issues and liability. Regarding the regulations and laws in South Carolina, even if you were not wearing your helmet, you may still be able to recover money damages.

In the state of South Carolina, certain factors will alter liability and other legal elements of the accident.  Depending on your age and the amount of damages you will need to recover, your helmet may or may not be a contribution towards your injuries, vastly affecting legal responsibilities.

One Answer

"Should I wear a motorcycle helmet?"  All-in-all, yes, it can save your life.  If you have been in a motorcycle accident and were not wearing a helmet, you can speak to a motorcycle accident attorney at George Sink, P.A. Injury Lawyers to help you to determine whether or not you have a case.  Even if the state's rules and regulations do not require you to wear one and you are above the age of 21, it is in the state's best interest to protect the safety of its motorcycle riders.  For more information on motorcycle accidents, contact the knowledgeable legal team at George Sink, P.A. Injury Lawyers. If you've been injured in a motorcycle accident, call us today for a free case review. We're available 24/7 in Charleston, Greenville, Columbia, or anywhere in the state of South Carolina to help you. 

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