Per Section 56-5-3650: - Any motorcyclist carrying a passenger must provide footrests for the passenger, with the exception of those riding in a sidecar or enclosed cab. Note that many motorcycle accidents are fatal. 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. If your loved one died as a result of a motorcycle accident, the executor or administrator of the deceased person's estate can file a wrongful death claim if the victim could have filed a motorcycle accident lawsuit had they lived. Despite the fact that riders are not legally required to do so in South Carolina, there are still plenty of valid reasons while you should wear a motorcycle helmet anyway: - Wearing a motorcycle helmet can save your life. North Carolina motorcycle helmet laws and moped helmet laws require all drivers and passengers on motorcycles and mopeds must wear a motorcycle safety helmet that complies with federal law. SC's statewide motorcycle helmet law applies everywhere in the state of SC – including every county and every municipality, and including the City of Myrtle Beach…. Yes, motorcycles are required to obtain insurance just like automobiles. 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. This is one of the reasons I always urge motorcycle accident victims to seek the guidance of an experienced South Carolina motorcycle accident attorney before speaking to the other driver's insurance company. "Even inside the house with all the windows shut and everything, the noise is so loud, you can't even watch TV, " says Price. Although South Carolina law does not require motorcyclists age 21 or older to wear a helmet, we know that helmets can save lives. By law, all motorcycle riders under the age of 21 must wear a helmet when these vehicles are in operation. Our lawyers start working on your case from the moment you bring us on board and make sure we're available to answer your questions and address your concerns whenever they come up.
Riders who are 21 or older are not required to wear a helmet. Moreover, if your motorcycle lacks a windscreen that meets the minimum standards of the Department of Public Safety (DPS), you must additionally wear eye protection in the form of goggles or a face shield. Does South Carolina Have a Helmet Law? Our qualified South Carolina attorneys will fight for the compensation you deserve, whether or not you were wearing a helmet at the time of your motorcycle crash. TheCenters for Disease Control and Prevention(CDC) states "the single most effective way for states to save lives and save money is a universal helmet law". To be sold in the United States, motorcycle helmets must comply with Federal Motor Vehicle Safety Standard 218. This was due to pressure from the Federal Government which required the states to enact helmet use laws to qualify for Federal highway construction funds.
At McKinney, Tucker & Lemel, LLC, we are committed to seeking maximum compensation for motorcycle accident victims in Rock Hill and throughout surrounding communities. The short answer is safety. 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. " Charleston Motorcycle Accident Attorneys. The helmet cannot simply be any old helmet, it must come equipped with either a neck or chin strap and be "reflectorized" on both sides (meaning, it needs to have some reflector strips on it). In 2021, there were 148, 851 motorcycles registered in the state – that's more than 2, 800 motorcycle registrations per 100, 000 people.
00 of total excess liability Insurance for damage to other persons or other property for $6. Yes, you must obtain a Class M license from the Department of Motor Vehicles. Aside from preventing fatal injuries, there is also evidence that motorcycle helmets protect against brain injuries. Motorcyclists accounted for 15 percent of all South Carolina traffic deaths. Our experienced team is equipped to handle a wide range of motor vehicle accidents, including car accidents and trucking accidents. Retired truck driver Jack Gunter likes to vacation in the city with his Harley-Davidson. According to statistics from the National Highway Traffic Safety Administration (NHTSA), wearing an approved safety helmet when riding a motorcycle can reduce your risk of suffering a head injury as the result of an accident by nearly 67 percent. There's nothing like a motorcycle ride on a beautiful day, but one wrong move can put the brakes on your fun – or even your future. The Law Offices of James Scott Farrin has helped many victims of motorcycle accidents in the Carolinas fight back. Dooring is a type of accident where a motorist opens their door to exit the vehicle without noticing the motorcyclist just behind them. All helmets, goggles, and face shields must meet the state Department of Public Safety standards.
South Carolina legislators are considering making the mandatory use of motorcycle helmets the law within the state. At McKinney, Tucker & Lemel, LLC, we will protect a motorcyclist's right to choose not to wear a helmet. At McKinney, Tucker & Lemel, LLC, we believe all motorcyclists should wear helmets for safety, regardless of your age. If convicted, the person could face a fine of up to $100 and be imprisoned for up to 30 days.
If the motorcyclist is found to be 20 percent at fault, that award would be reduced by 20 percent, or $20, 000. DPS-approved goggles or a face shield. It is required in South Carolina only if the cyclist fails the road test three times. Unfortunately, 145 people were killed in those accidents and another 2, 991 people were injured. Here's what you need to know: What Are The Motorcycle Helmet Laws in South Carolina? Because proper lighting maximizes visibility, front and rear lights (or rear reflectors) that are visible at least 500 feet behind are required.
The National Highway Traffic Safety Administration (NHTSA) has found that wearing a helmet reduces the rate of motorcycle fatalities by about 37 percent. But helmet or not, Hoffman Law Firm can help you get the damages you deserve. The Lawful Type and Use of Helmets. What Happens If You Get in a Motorcycle Wreck Without a Helmet? 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. Contact a Greenville Motorcycle Accident Attorney. Trust our personal injury attorneys to advocate on your behalf. City officials say Myrtle Beach was being overwhelmed by its three annual bike rallies — one in the fall and two in the spring — which brought noise, traffic and more than a quarter-million often-raucous partyers.
This law is found in the South Carolina Code of Laws, Section 56-5-970(c)(5). While some states require all motorcyclists to wear helmets, South Carolina helmet laws only apply to drivers under 21. South Carolina's temperate climate, diverse natural resources, and abundance of highways and byways make it an ideal place to ride a motorcycle. This typically includes a chin strap that is properly secured to the helmet. Contact Our SC Motorcycle Accident Lawyers for Help with Your Case.
Though motorcycles and other vehicles should be treated the same under the law, the reality is that a variety of special laws apply exclusively to those on two wheels. However, the government routinely tracks motorcycle crashes, fatalities, and helmet use. The Myrtle Beach motorcycle crash lawyers at Axelrod and Associates help motorcycle crash victims and their families to recover full and fair compensation from careless drivers who injure or kill motorcyclists on SC's highways. Be careful if you use this law, as anyone coming from other directions likely has a green light and won't be looking out for you. A total of 18 states throughout the U. S., along with Washington D. C., currently have universal motorcycle helmet laws in place. As a result, it is a very good idea for all motorcyclists to wear eye protection. According to the South Carolina Department of Transportation, motorcycle helmets must meet certain regulations in order to be labeled "DOT compliant. "
Of those fatalities, 66 percent were not wearing a helmet. In 28 states, including South Carolina, the law requires only certain riders to wear helmets. Motorcyclist accidents accounted for just 0. 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.
Under S. Code § 56‐5‐3660, all motorcycle operators and passengers under the age of 21 must wear a helmet that: - Has S. Department of Public Safety (DPS) approval. As a result, the company may try to reduce the amount of your recovery or deny your claim altogether. Though the state's goggle and helmet laws only apply to motorcycle riders under 21, it is important to note that the same safety benefits apply equally to those over 21. Each state sets its own laws on motorcycle helmets. To find out more, keep reading. He recently built his dream house a few blocks from the ocean, but he didn't know at the time that a nearby parking lot hosts biker parties. However, the motorcyclist's fault cannot exceed the combined fault of the other party or parties. South Carolina is one of a handful of states on the East Coast where it's legal for adults to ride without a helmet. The City of Myrtle Beach, as part of a series of municipal ordinances seen by many as an attempt to harass and discourage attendance at the area's yearly motorcycle rallies, passed a law requiring all motorcycle riders to wear helmets.
The same penalties apply for anyone selling or distributing substandard helmets, goggles, and face shields. We explain the minimum required auto coverage and UIM coverage in more detail here. A good example of equality under the law is a regulation that specifies that motorcycles are entitled to the full use of a lane of traffic and that no other vehicles on the road are permitted to drive in a way that would deprive the motorcyclist the full use of that lane. If you've been injured, we'll even come to you! Proper footwear is also recommended for safe operation.
Call today to schedule a free consultation with a motorcycle accident attorney. Given the wonderful weather experienced in Charleston and other parts of the state, it isn't surprising that so many people would rather drive their motorcycles than be cooped up in passenger vehicles. The most important piece of safety equipment is a motorcycle helmet. When someone "assumes a risk of harm arising from the defendant's negligent or reckless conduct" by participating in an activity despite knowing the danger, they cannot then sue for damages if they are injured. David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. Don't wait to speak to a knowledgeable motorcycle accident lawyer about your case. Penalty For Motorcycle Law Violations. Under SC's modified comparative negligence rule, a driver can be up to 50% responsible for an accident and still recover the full value of their claim minus the percentage of fault allocated to them by the jury. In general, federal safety standards require that the helmet contain a thick inner liner, a DOT sticker and a manufacturers label. In severe cases, a head or brain injury can lead to paralysis, coma, and even death. One way they're doing it is by enforcing a city helmet law in a state where bikers have the right to go bareheaded. As stated under Section 56-5-3640: - All motorcyclists are entitled to full use of a lane, and no motorist can deny them the full use of a lane. It's something no rider likes to think about, but the fact remains that riding a motorcycle carries an inherent level of danger, and accidents can cause devastating injuries.
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