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Bicycle Accident FAQ: If I wasn't wearing a helmet, do I still have a claim?

Bicycle Accident FAQ: If I wasn't wearing a helmet, do I still have a claim?

| Oct 28, 2013

Although one should always wear a helmet when riding a bicycle, sometimes we can be caught off-guard.  While bicyclist safety has been improving in South Carolina since being ranked in the lowest  5 for bicycle safety in 2010 to # 34 in a more recent survey , riding your bike has the same dangers and liabilities as any moving vehicle.

So, what happens when you forget your helmet and get into an accident?  South Carolina does not have a law requiring  the use of a helmet for any age (in fact, it is one of 14 states to not have such a law). Required by law or not, you'll probably wish you had worn a helmet if injured in a bike accident.  No matter your legal status, helmets protect you from serious injury and death.  We want to make sure you are safe and healthy first, then deal with the legal consequences.

 

South Carolina, along with the rest of the country, has been rapidly growing and adapting their moving vehicle laws for the specific needs and concerns of bicyclists.  If you are a cyclist, a great way to keep abreast of bicycle policies is to connect or follow a local, grassroots group in your city.  Some of the more organized groups are Greenville, SC Bikeville  initiative and Spartanburg County's aim towards becoming a Bicycle Friendly Community via The League of American Bicyclists . Additionally, Charleston has gone to great lengths to make the roads safer for cyclists with designated bike lanes and strict laws for bikers and motorists. Ultimately, each city handles helmets, protection, parking, and violations differently, so you should know how the laws apply to you in your town. 

If you have a question concerning the specific laws in your area, call George Sink, P.A. Injury Lawyers.  We have offices throughout South Carolina and stay up-to-date with our knowledge of local & state bicycle laws and practices.  Contact us for a free case review. We are here to help you!

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