Whether or not you have to wear a motorcycle helmet in South Carolina depends on how old you are. If you’re 21 years of age or older, you don’t have to wear a helmet. If you’re under 21, you must wear an approved helmet.
Does South Carolina have a helmet law for motorcycles?
S.C. Code § 56-5-3660 is the motorcycle helmet law for South Carolina. A person who is under age 21 must wear a motorcycle helmet.
The law applies to both operators and riders. The helmet must be SCDPS-approved and must also have a neck or chin strap and reflection on both sides.
Are goggles or a face shield required for motorcycle operators in South Carolina?
Goggles or a face shield are only required for motorcycle riders under age 21. For everyone else, they’re optional. If required, the goggles or face shield must be SCDPS-approved. The law does not apply if the two-wheeled vehicle has a windscreen that meets specifications.
Understanding South Carolina’s Motorcycle Helmet Law
The South Carolina motorcycle helmet law is age-based. If you’re 21+, it’s your choice whether or not to wear a helmet. You should wear one, but it’s not required.
What if I have my parents’ permission not to wear a motorcycle helmet?
There’s no parental permission exception to the South Carolina helmet law. You must wear a motorcycle helmet if you’re under 21.
What if I’m just riding on the motorcycle, and the driver is over 21?
In that case, the driver may choose whether or not to wear a helmet. A rider under 21 must wear a helmet.
What if I’m from another state and just passing through South Carolina—does the motorcycle helmet law apply to me?
Yes. When you’re in South Carolina, you must wear a motorcycle helmet, even if you’re visiting from another state that doesn’t have a motorcycle law.
What is the penalty for not wearing a motorcycle helmet in South Carolina?
A violation of the South Carolina motorcycle helmet laws is a misdemeanor, punishable by a fine of up to $100 or up to 30 days in jail.
How Helmet Use Affects Injury Severity in Motorcycle Accidents
Motorcycle helmets save lives. The National Safety Council says that motorcycle helmets effectively reduce motorcycle driver death by 37%. Helmets are even more effective for passengers, reducing death by 41%.
NHTSA says that while motorcyclists account for 0.6% of miles traveled on U.S. roads, they are 14% of traffic deaths. Based on miles traveled, motorcyclists are 29 times more likely to suffer a fatal accident than a passenger car occupant.
People are more likely to wear helmets in states where it’s required (81.5% vs. 56.2%).
When Michigan changed its state helmet law to under 21 only, helmet use fell from 24 to 27%. Rider head injuries increased by 14%.
Legal Consequences of Not Wearing a Helmet in an Accident
If you are over the age of 21, not wearing a motorcycle helmet doesn’t change your rights if you’re in an accident. You may claim compensation for the damages you have incurred. Even if your injuries likely would have been less severe if you had worn a helmet, not wearing the helmet doesn’t reduce your compensation.
Mayes v. Paxton, 313 S.C. 109 (1993) is a South Carolina court case that discusses the consequences of failing to wear a motorcycle helmet for a personal injury claim. That was the situation of the plaintiff. The defense argued that the plaintiff failing to wear a helmet was both contributory negligence and assumption of the risk.
The court disagreed. The court noted that there was no law requiring the motorcyclist to wear a helmet because he was over 21 years old. The court said they would not create a penalty by reducing injury compensation through a judicial ruling.
Note: Different states handle this issue differently. Some may say that failing to wear a helmet is negligence or that it is the plaintiff failing to mitigate damages. However, South Carolina courts don’t apply either of these theories in motorcycle accident claims.
What if the victim is under 21 and they weren’t wearing a helmet? Is their personal injury claim in South Carolina affected then?
It’s not clear currently. The Mayes case involved a motorcyclist over age 21. The court didn’t speculate as to how they might have ruled if the victim had been under 21 and the motorcycle law had applied.
Notably, S.C. Code § 56-5-6540 and § 56-5-6460 say that failing to comply with state seatbelt and child restraint laws is not comparative negligence, but the motorcycle law doesn’t contain this language. The South Carolina legislature may address the issue, or the courts may decide if the issue is presented in a case.
Exceptions to the Helmet Law in South Carolina
Exceptions to the helmet law in South Carolina are:
- You are over 21
- You are not operating or riding on a two-wheeled motorized vehicle
These aren’t really exceptions. These are circumstances where the law doesn’t apply.
The South Carolina seat belt law has a list of exceptions, such as medical reasons, emergency vehicles, and parade routes. However, these exceptions are not present in the law for motorcycle helmet use.
Advocating for Safer Motorcycle Riding Practices
Safer motorcycle practices cover many aspects of riding, including helmet use. Rider training, education, situational awareness, and bike maintenance are all important topics. Passenger vehicle drivers can contribute to motorcycle safety by being aware of the laws and respecting the rights of motorcyclists.
Contact an Experienced Motorcycle Accident Lawyer
If you have been in a motorcycle accident, Bobby Jones Law wants you to get the compensation you deserve. Work with an experienced lawyer who is ready and willing to litigate.
Attorney Robert “Bobby” Jones builds relationships with his clients and aggressively pursues your legal rights.
Whether or not you were wearing a helmet at the time of the motorcycle accident, you may have a claim for compensation. Call or message us now.
