Can I Recover Compensation for Motorcycle Injuries if I Wasn’t Wearing a Helmet in Rock Hill, SC?
If you’ve been in a motorcycle accident in Rock Hill, South Carolina, and you weren’t wearing a helmet, you might wonder if you are still eligible for compensation.
South Carolina’s Motorcycle Helmet Law
In South Carolina, motorcycle riders and passengers under the age of 21 are required to wear helmets that meet specific safety standards. This law aims to protect younger riders and reduce the risk of head injuries during accidents. For those over 21, wearing a helmet is not mandated by law, but it is highly recommended for safety reasons.
Does the helmet law affect my ability to recover compensation?
The South Carolina helmet law does not directly affect your ability to file a claim. If you are 21 or older and not legally required to wear a helmet, you can still seek compensation. However, not wearing a helmet may reduce the compensation you receive for head injuries, as it could be considered negligence that worsened your injuries.
Comparative Negligence in Rock Hill South Carolina
South Carolina follows a modified comparative negligence rule. This means that even if you were partially at fault for your injuries, you can still recover compensation—as long as you are not more than 50% at fault for the accident. If the other driver was primarily at fault but your failure to wear a helmet contributed to your head injuries, your compensation may be reduced proportionally.
For instance, if a jury finds that you were 30% responsible for your head injuries because you weren’t wearing a helmet, your damages for those specific injuries would be reduced by 30%. If your total compensation for the accident was $100,000, you would receive $70,000.
What if I wasn’t wearing a helmet, but the accident wasn’t my fault?
If you weren’t wearing a helmet but the other driver was clearly at fault for the accident, you can still recover compensation. However, if you suffered head or brain injuries that could have been prevented by wearing a helmet, your compensation for those injuries may be reduced based on the comparative negligence rule.
Impact of Not Wearing a Helmet
If the biker is not at fault for the accident but receives head injuries due to their failure to wear a helmet, the failure to wear a helmet can be considered a form of negligence. This might reduce the compensation for head injuries that could have been prevented by wearing a helmet.
However, not wearing a helmet does not bar you from recovering damages entirely. You can still recover compensation for other injuries, such as broken bones, spinal injuries, road rash, or internal injuries. Additionally, you can pursue damages for lost wages, medical bills, pain and suffering, and property damage.
Can I recover compensation for non-head injuries if I wasn’t wearing a helmet?
Yes, if you sustained injuries that are unrelated to head trauma—such as broken bones or spinal injuries—you can still recover full compensation for those injuries. The lack of helmet use typically only impacts compensation for head or brain injuries that a helmet could have helped mitigate.
Other Factors That May Impact Your Rock Hill Motorcycle Accident Case
While not wearing a helmet is an important factor, there are other considerations that could affect the outcome of your case, including the actions of the other driver, road conditions, and vehicle malfunctions.
What if the other driver was distracted or speeding?
If the other driver was distracted, speeding, or engaging in other negligent behavior, they could be found primarily responsible for the accident. Even if you weren’t wearing a helmet, the driver’s negligence might outweigh your share of fault, allowing you to recover significant compensation for your injuries.
Does not wearing a helmet affect compensation for property damage?
No, the lack of helmet use typically does not impact claims for property damage. If your motorcycle was damaged in the accident, you can still recover compensation for repairs or replacement, regardless of whether you were wearing a helmet at the time of the crash.
Insurance and Jury Considerations
In cases where the injured rider wasn’t wearing a helmet, insurance companies and juries may try to reduce compensation by arguing that the injuries, particularly head injuries, were more severe due to the lack of helmet use. This is why it’s crucial to have strong legal representation to counter these arguments and ensure you are fairly compensated.
How much will my compensation be reduced if I wasn’t wearing a helmet?
The amount of reduction depends on how much your lack of helmet use contributed to your injuries. For example, if the jury finds that 20% of your head injury could have been prevented by wearing a helmet, your overall compensation may be reduced by 20%. It’s important to note that this reduction generally applies only to head-related injuries and not to other damages like lost wages, medical bills, or property damage.
The Importance of Legal Representation
In South Carolina, the law operates under a comparative negligence rule, which means that not wearing a helmet could impact the outcome of your case and the compensation you receive. Additionally, there may be biases in jury trials involving bikers that could affect your case. Seeking legal representation is essential to navigate these challenges.
Our team at Auger & Auger can guide you through the legal process, helping you understand your rights and make informed decisions. We work diligently to ensure that you receive the compensation you deserve for your injuries, medical bills, lost wages, and other damages.
Filing Deadlines in South Carolina
In South Carolina, the statute of limitations generally allows you to file a lawsuit three years from the date of an accident. However, acting promptly and consulting with an attorney as soon as possible is vital to ensure that all necessary steps are completed on time.
Navigating these legal deadlines can be overwhelming, which is why having experienced legal representation is crucial. Our attorneys are here to help you meet every deadline and protect your rights.
Knowing Your Legal Rights
After a motorcycle accident, understanding your legal rights and compensation options is essential. At Auger & Auger Accident and Injury Lawyers, we offer a free consultation to listen to your situation and explain your rights and next steps.
Our team of experienced motorcycle accident attorneys in Rock Hill, SC, will guide you through the process, helping you identify claims for medical expenses, lost wages, pain and suffering, and other potential damages.
No Upfront Costs with Our A&A Zero Fee Guarantee
You’ll never have to worry about paying out of pocket for our services. With our “A&A Zero Fee Guarantee,” you won’t owe us any legal fees unless we win your case, and our payment comes directly from your settlement. We take on all the financial risk because we believe in the strength of the cases we handle—and we win. This contingency arrangement ensures you can access high-quality legal representation without bearing the financial burden upfront.
Focused on Maximizing Your Compensation
Our top priority is ensuring you receive the full compensation you deserve. We manage every aspect of your case—from collecting evidence to reducing medical bills and negotiating with insurance companies—so you can focus on healing.
With our expertise, you may recover significantly more than you would on your own, including losses you may not have initially accounted for. Statistics show that injury victims who hire an attorney typically receive 4.4 times more compensation than those who don’t.
Free Consultation with Top-Rated Motorcycle Accident Attorneys in Rock Hill
With a free, no-obligation consultation and no fees until we win your case, there’s nothing to lose by reaching out. Whether your injuries are minor or more serious, exploring all your legal options is important.
Contact Auger & Auger Accident and Injury Lawyers for a free consultation, where we’ll go over your case, explain the process for pursuing compensation, and work towards achieving the best possible outcome for you. Then, you can decide whether to work with us, another attorney, or handle the case on your own.
