Helmet Use and Motorcycle Accident Claims in Beaufort, SC
Time and again, helmets have been proven to reduce the risk of serious injury and death by 37% for motorcycle operators and 41% for passengers. If you have been in a motorcycle crash, your medical expenses alone can be enough to make your head spin. If it is revealed that you are not wearing a helmet, you may fear that you will be unable to recover compensation for your injuries.
At Mark C. Tanenbaum, our motorcycle accident lawyers are dedicated to helping Beaufort, SC, residents and visitors get the compensation they deserve, no matter the circumstances behind your crash. For over 40 years, our firm has assisted individuals in recovering emotional, physical, and financial losses following a motorcycle accident. Let us help you on your road to recovery.
Types of Compensation Available in a Motorcycle Accident
Damages are any compensation awarded to an injured party to make them whole again. Motorcycle accident victims are entitled to both economic and non-economic damages. Economic damages are quantifiable losses that take money directly out of your pocket. These losses may include:
- Lost wages
- Ambulatory services
- Medical imaging
- Surgeries and procedures
- Rehabilitative therapies
- Permanent disability
In contrast, non-economic damages are intangible losses that impact your emotional and mental health. In a motorcycle crash, these may include:
- Pain and suffering
- Infliction of emotional distress
- Loss of society and companionship
- Loss of consortium
- Disfigurement and/or scarring
- Physical impairment
South Carolina Helmet Laws
State helmet laws are essentially age-dependent. If you are 21 or older, you are not legally obligated to wear a helmet while operating or riding as a passenger on a motorcycle. However, South Carolina Code §56-5-3660 requires riders and passengers under 21 operating a motorcycle or other two-wheeled motorized vehicle to wear a helmet. The Department of Public Safety must approve the helmet, providing a neck or chin strip while also being equipped with reflective materials to be more easily seen by other drivers.
How Helmet Use Impacts Compensation
If you are not wearing a helmet during your crash, there is a greater likelihood that your compensation will be reduced. Even if you do not violate the state helmet law, the insurance company can argue that by choosing not to wear a helmet, you made no effort to mitigate your injuries and other losses.
Hence, your compensation will be based on the degree of fault assigned to you. Known as the doctrine of comparative negligence, under South Carolina Code §15-38-15, your responsibility for the crash will need to be less than the defendant’s.
Our legal team understands the financial toll that a motorcycle accident can have on you and your family. The costs can impede your ability to pay everyday living expenses while trying to physically recover from the ordeal. Regardless of your helmet use, the wrong party’s carelessness must be established to prove your right to financial relief.
Gathering convincing evidence is key to getting your claim approved. When you hire our legal team, you can expect to work with legal professionals who will thoroughly investigate your matter to ensure that no stone remains unturned.
Speak with a Motorcycle Accident Attorney Today
At Mark C. Tanenbaum, our lawyers know the immense stress you are under following a crash. While not wearing a helmet can limit the compensation you receive, under no uncertain terms should it prevent you from recovering adequate relief. If the insurance company denies your claim, our legal team is ready to negotiate with the claims adjuster on your behalf. To schedule your free consultation, contact the office online or by phone at (843) 577-5100 today.