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No law in South Carolina requires an adult cyclist to wear a helmet. That does not mean that you should not wear a helmet, because it offers additional protection.
Even though there are no Charleston County bicycle helmet laws that say adults must wear a helmet when riding, the law does treat bicycle riders the same as vehicle operators. This means a bicycle rider has to follow the same traffic rules as drivers of a vehicle. If you have questions about how helmet laws apply to your case, contact our bicycle wreck attorneys today.
Charleston County’s lack of an adult helmet law gives cyclists the freedom to choose, but freedom and safety do not always go hand in hand. A properly fitted helmet can dramatically reduce the risk of head and brain injuries during a crash.
Even if there is no law requiring you to wear a helmet, you are obligated to take reasonable precautions concerning your own safety. Under state law, every adult on the road, including drivers, pedestrians, and cyclists, has an obligation to act reasonably to prevent harm. That includes taking common-sense safety precautions.
Wearing a bicycle helmet may show that you exercised reasonable care for your own well-being. In a personal injury case, the court or insurance adjuster may consider whether you took such precautions when deciding who bears responsibility for your injuries.
If you are injured in a bicycle accident and you were not wearing a helmet, the insurance company could use that against you. However, you can still pursue compensation. South Carolina Code § 15‑38‑15 allows recovery if you are 50 percent or less at fault, but your compensation can be reduced if it is determined that your failure to wear a helmet in any way contributed to your injuries.
For example, if a driver fails to yield and hits a cyclist who was not wearing a helmet, and that cyclist’s head hits the pavement and they suffer a severe head injury, the driver may be found mostly at fault for the accident itself. However, the insurance company might say that the cyclist’s head injury could have been less severe if the rider were wearing a helmet.
A Charleston County lawyer could help gather medical evidence and expert opinions to show that the driver’s negligence, not your lack of a helmet as a cyclist, was the primary cause of your bike accident injuries.
Even though the law does not require adult riders to wear helmets, choosing to wear one is a smart way to protect both your health and your potential legal claim. Preventing a traumatic brain injury is far easier than proving potential long-term health impacts in court.
At The Farmer Law Firm, we encourage every cyclist to make safety a priority. If you were injured in a bicycle accident, helmet or not, our attorneys could help you understand your rights and pursue the compensation you deserve.
Call today to discuss your situation with a lawyer who understands Charleston County bicycle helmet laws and how they may affect your case. Let us help you move forward with your case with confidence.