Can I file a motorcycle accident claim if I wasn’t wearing a helmet?
Motorcycles are exciting to ride and often are associated with fun and freedom. Unfortunately, though, a motorcycle accident can lead to more severe injuries than other vehicles. Common motorcycle accident injuries include head and brain trauma, broken bones, scrapes, bruises, and death.
Wearing a helmet can prevent injuries and save lives, but it’s not required by law for everyone in South Carolina. Riders over the age of 21 do not have to wear a Department of Transportation-approved helmet.
If you were injured in a motorcycle accident, you may be able to file a claim for compensation, even if you were not wearing a helmet at the time of the accident.
It is important to note that South Carolina has a comparative negligence law, which means that if you were partially responsible for the accident, your compensation may be reduced in proportion to your level of fault.
If you decide to file a claim, you will need to prove that the other party was negligent and that their negligence caused your injuries. This can be challenging, so it’s important to work with an experienced personal injury attorney who can help you navigate the legal process and build a strong case on your behalf.
It’s also worth noting that wearing a helmet is not only important for your safety, but it can also affect your ability to recover damages in a personal injury claim. Not wearing a helmet could be considered evidence of negligence, which can reduce the amount of compensation you are eligible to receive.
If you were riding a motorcycle and were injured because of someone else’s negligence, contact the John Mobley Law Firm today. Whether you were wearing a helmet or not, we will give you a free consultation.