If you’re a genuine motorcyclist in South Carolina, then the likelihood is that you’re awake to the importance of a helmet. Research has confirmed the vital role helmets play keep riders safe. Those are wearing helmets are way more likely to survive a bike crash and avoid debilitating conditions like a traumatic brain injury. It’s about time you get yourself a motorcycles helmets with bluetooth.
Given all that we know about the advantages of helmets, you will wonder if there are legal consequences for people who choose not to wear a helmet when out for a ride. Beyond the problem of helmet safety laws, there’s also the question of how the selection not to wear a helmet could impact a possible personal injury lawsuit. To seek out out more about what not wearing a helmet could mean, keep reading.
South Carolina helmet law
The law in South Carolina is apparent that helmets are only mandatory for those under 21. Section 56-5-3660 of the South Carolina Code requires helmets to be worn by everyone who operates or rides a two-wheeled automobile.
Punishment for violators
If an individual is under 21 and is found to possess violated the law, they will be fined and potentially jailed for violating the mandatory helmet law. For those 21 and over, there’s no legal or criminal punishment for being caught riding without a helmet.
Impact on a private injury lawsuit
Though we explained that for those over 21 years old, there are no criminal consequences for riding a bike without a helmet in South Carolina, that doesn’t mean that the choice won’t impact you in other ways. One example is that an option not to wear a helmet may reduce recovery in an exceedingly subsequent personal injury lawsuit. Now let’s discuss why that’s.
Why would damages be reduced?
Though you are still allowed to bring a suit, the fact is that failing to wear a helmet can reduce the quantity of cash someone recovers in an exceedingly South Carolina personal injury case. The explanation is that if the shortage of the helmet made your injuries worse than they’d otherwise are, the at-fault party can argue that you just must be held partially answerable for the accident and the result.
How much could the damages be lowered?
The solution will instead rely upon the facts of your case. the difficulty boils right down to what percentage you’re found to be guilty of your injuries. If it is your decision not to wear a helmet is deemed negligence, then you will have to share of any subsequent damage award is reduced by that percentage. This can be because South Carolina has adopted a modified negligence system, which allows plaintiffs to gather money whether or not they’re found to be partial to blame for their injury.