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Charleston County motorcycle helmet laws are designed to keep riders safe. In South Carolina, if you are under twenty-one, you must wear a helmet. This is true whether you are the driver or just riding along as a passenger. Once you turn twenty-one, the decision is yours to make.
The lawmakers know the risks that come with a motorcycle. Cars have airbags and a frame for protection, but bikes do not. If you are in a motorcycle accident, it is the body that takes the hit. If you were involved in a motorcycle wreck and suffered bodily injury, speak with a motorcycle crash attorney at our firm today.
If you are wondering how helmet laws come into play after a motorcycle accident in Charleston County, the answer is that if someone under twenty-one was not wearing a helmet, the insurance company may try to use that fact against them or their family. It does not excuse the other driver’s behavior, but it can become part of the case when damages are being discussed.
If you are over twenty-one, you have the right to decide if you wear a helmet or not. Choosing not to wear a helmet does not automatically make you at fault for an accident. South Carolina follows comparative negligence, which means responsibility is divided based on what each person did or did not do. Most of the time, the key issue is how the crash happened — Was the driver texting? Did they turn left across traffic? Did they change lanes without looking? Whether an adult wore a helmet is usually not the deciding factor.
For some, the issue is safety vs freedom, and you will hear strong opinions on both sides. Some say a helmet is non-negotiable because they have seen firsthand how it can reduce head injuries. Others believe the choice should be theirs and value the sense of freedom that comes without one.
Charleston County motorcycle helmet regulations take both views into consideration. Riders under 21 typically will not have as much experience on the road; thus, the law is about protecting all involved. Whereas, for those over 21, the law allows them the freedom to make their own choice.
No matter where you fall in that debate, one fact stays the same: motorcycles are vulnerable by design. They are smaller, easier to miss, and much less forgiving in a crash. A helmet will not prevent every injury, but it can be the difference between walking away and a tragedy. Still, helmets are only one piece of the puzzle. Drivers of cars and trucks must take responsibility for looking out for motorcycles and sharing the road safely.
If you have been in an accident and were not wearing your helmet, and you are wondering what impact that decision has under Charleston County motorcycle helmet laws, we can help.
At our firm, we are not a big operation with endless layers of staff. We are a small team — two lawyers and a paralegal — and when you call, you will speak directly with us. We take time to listen to your story, explain your options in plain language, and guide you through a process that can feel intimidating.
Call us today to learn how we may help you seek accountability and find a path forward after a motorcycle accident.