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Yes, you must obtain a Class M license from the Department of Motor Vehicles. 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. As attorneys, we know the laws governing South Carolina's motorcycle accident litigation and what it takes to secure justice and compensation on behalf of our clients. Correct helmet use when riding a motorcycle can reduce the risk of fatal injuries by 42% and the risk of head injuries by 69%. But the bigger reason had less to do with the well-being of bikers than the tranquillity of townsfolk. A motorcyclist must not operate their motorcycle without a rearview mirror to provide ample vision of the rearview.
The helmets must be approved by the Department of Public Safety, must have a neck or chin strap, and have reflectors on both sides. Call our offices for a free initial consultation. Of course, this isn't to say that riders should be forced to wear a helmet if they don't want to; only that wearing a helmet can help save lives. Contact Our SC Motorcycle Accident Lawyers for Help with Your Case. 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. A good rule of thumb is to replace your helmet every three to five years, assuming it hasn't suffered any damage during that time. First, know that motorcycles are required to follow all of the same laws as cars. Is North Carolina right to require you to wear a helmet? Helmets save lives and prevent serious injury to your head, brain, neck, eyes and ears if you should get into a crash. Section 56-5-3690 prohibits people from selling, offering for sale, or distributing helmets, goggles, or face shields for use by motorcycle operators, or protective helmets for use by passengers unless they meet specifications outlined by the Department of Public Safety. South Carolina Code Section 56-5-3630 is one of several sections of law that explore motorcyclist-only laws.
Our lawyers have successfully represented and served many clients in the area for many years. Motorcyclists are not permitted to attach themselves or their bikes to any other vehicle, meaning no towing or being towed while in operation. South Carolina doesn't require motorcycle drivers or passengers who are 21 or older to wear helmets. The current S. law about motorcycle helmets has been in effect for over four decades, and it does not appear that there is movement in place that will change the law in the near future. Do I Need to Have a Special Driver's License for a Motorcycle in South Carolina? So, while the decision not to wear a helmet is a personal choice in South Carolina, doing so could save your life and protect your right to recover compensation for all your accident-related expenses. These rules are in place to protect riders from concussions and other head injuries in the event of an accident. Leaders here say safety was one motive. For example, assume you were injured in a motorcycle accident while not wearing a helmet and suffered a traumatic brain injury. What Happens If You Get in a Motorcycle Wreck Without a Helmet? Motorcycle Helmets FAQs. So why would a resort city pass a law that's scaring off tourists — especially in this economy?
"This is about saving lives, " Rep. Gilliard said. South Carolina Code Section 56-5-3835 takes the seemingly unnecessary step of explaining that motorcyclists are not permitted to drive on the sidewalk or what the law refers to as a "sidewalk area. " Motorcycle accidents are often devastating. Motorcyclists accounted for 15 percent of all South Carolina traffic deaths. How does this affect your personal injury case if you were involved in a motorcycle crash? According to the rules, motorcycle helmets must: - Contain a thick inner lining – The inner lining of all helmets should be firm and measure about one inch in thickness. If the motorcyclist is found to be 20 percent at fault, that award would be reduced by 20 percent, or $20, 000. Were You Injured in a South Carolina Motorcycle Accident Without a Helmet?
The place normally would have been very busy this past weekend, when some 40, 000 bikers typically come for their annual fall rally. When the other driver offers a challenge to your lawsuit, South Carolina follows a type of law called "comparative negligence" to determine who is responsible for the injuries and other damages. As if there was another way to ride a bike…. So, if you just moved to South Carolina, or if you are traveling on your motorcycle in the state, you should know that our state's helmet law may not be the same as your home state. In South Carolina only motorcycle operators and passengers who are under 21 are required to wear a helmet. While this article gives general information, you should contact an attorney if you have a specific question. What are Motorcycle Helmet Laws and Related Injury Statistics in South Carolina? We strongly feel that it should be a law in South Carolina that you wear a helmet when you are driving a motorcycle as it would prevent deaths due to head injuries.
You could pursue damage compensation for: - Medical expenses for emergency room treatment, ambulance transport, diagnostic tests, doctor's visits, hospitalization, surgery, prescription medication, assistive devices (crutches, canes), physical therapy, and more. When you try on the helmet, it should fit snugly and apply even pressure without that pressure being overwhelming and painful. Governor Nikki Haley is in agreement with lawmakers at the State House that the bill will save both lives and money. Penalty For Motorcycle Law Violations. What Are the Laws in South Carolina About Motorcycle Helmets? Now, the new measures, which apply to all the rallies, have sparked a different kind of lawsuit. A motorcyclist does not "assume the risk" of being injured or killed by a reckless driver anymore than the driver of a car or a person walking down a sidewalk "assume the risk" of injury from a reckless driver. Motorcyclists are exposed to elements in the air, such as dust, pollen, sand, insects, rain, and so on, that can get into their eyes and make it impossible to see—if only briefly. The provisions of 56-5-3670 regarding goggles and face shields (listed above) do not apply to the motorcycle operator if the vehicle is equipped with a wind screen that meets specifications established by the Department of Public Safety. If you have questions about helmet laws in South Carolina, our motorcycle accident lawyer can help.
Even if the helmet ordinance is overturned, most riders at the biker bar outside town vow never to come back to Myrtle Beach — not even, in the words of one, to buy a pack of gum. They sit very low to the ground and road debris/bugs may cause injury without proper protection. There is no such requirement for adults 21 and older – although surrounding states like NC require riders to wear a helmet, SC has opted for personal freedom over forced safety measures. To carry a passenger, you must have a motorcycle designed for a passenger, and the passenger can only ride on a permanent, regular seat designed for 2 people, or upon another seat firmly attached to the rear or side of the driver. In addition to helmets, South Carolina law requires that operators under the age of 21 wear DPS-approved goggles or face shields, unless the motorcycle is equipped with a wind screen meeting DPS specifications. 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. Wrongful death claim damage compensation can include medical bills, funeral and burial expenses, loss of companionship and support, and wages or benefits the family members could have expected had the deceased lived. At the Joye Law Firm, we provide the aggressive legal representation you need at a time you need it most, and can advise you on how to hold responsible drivers accountable so you can get the compensation you deserve. It's important to exercise care and caution when riding your motorcycle and to obey all of South Carolina's motorcycle laws. As a result, the company may try to reduce the amount of your recovery or deny your claim altogether.
Taking the steps to purchase and use a helmet can increase your own safety, while setting a good example for other riders. According to another National Highway Traffic Safety Administration study, the United States could save an estimated $1. "The reason we're suing the city is because we think it's unconstitutional to try to supersede state law, " Herron says. Tired of the noise and constant partyers, Myrtle Beach passed a mandatory-helmet law for all bikers. Once a motorcycle rider has turned 21, wearing a helmet is done at their discretion. 4701 Oleander Drive, Suite A. Myrtle Beach, SC 29577. He helped push through the helmet law, a noise ordinance and several other measures intended to bring the events under control. If you get a helmet without a face shield, wear eye protection to protect yourself while you're riding. Recent attempts to repeal or weaken the helmet law in North Carolina have failed in the legislature despite neighboring states such as South Carolina having no helmet law. Comparative negligence acknowledges that a single party may not be solely responsible for an even resulting in injury.
The law also specifies that the person riding a bike is not allowed to carry a package or anything else that would prevent the operator from keeping both hands on the handlebars at all times. The law also prohibits individuals and companies from selling or distributing helmets, goggles, and face shields that do not meet DPS standards. Under existing laws, minors are required to wear a DOT-approved helmet. Over this time, we've developed a deep understanding of what it takes to bring a successful case. Helmet manufacturers are responsible for testing their products and ensuring compliance. 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. You may not be able to work or provide for your family while you are recovering. The North Carolina helmet law can be found at N. C. G. S. 20-140. 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. Learn more about how this rule works in our article South Carolina Car Accident Laws. In South Carolina only people under the age of 21 are required to wear helmets; however, research shows that helmets help prevent injury and many people voluntarily wear them while on their motorcycles. Sooner or later, another vehicle may cause a crash with a motorcyclist, and the rider may not be wearing a helmet in South Carolina.