If you’re a cyclist in Greenville, South Carolina, you know how much fun riding your bike around town or on the many beautiful trails in the area can be. But as much as we love cycling, we must remember that accidents can happen. And if you’re involved in a bicycle accident, you might wonder how helmet laws and use can affect your legal case.
At Maxey McFarland Law, we’re here to help you understand your rights and fight for the compensation you deserve.
South Carolina Bicycle Helmet Laws
First, let’s discuss South Carolina’s bicycle helmet laws. Unlike other states, South Carolina does not have a statewide law requiring all cyclists to wear helmets. However, some local South Carolina governments have helmet laws, specifically helmet laws for children.
Even if the law doesn’t require it, wearing a helmet is still a smart choice for bicycle safety. A helmet significantly reduces your risk of severe head injuries in an accident. Studies have shown that wearing a helmet can reduce the risk of head injuries by up to 85%. Wearing a helmet can also help protect your face, jaw, and neck in a crash.
Impact of Helmet Use on Injury Claims
So, what happens if you’re involved in a bicycle accident and aren’t wearing a helmet? Can that affect your legal case?
The short answer is yes, it can. In South Carolina, the other side might argue that you were partially at fault for your injuries if you were involved in an accident and weren’t wearing a helmet. This is because of something called “comparative negligence.”
Under comparative negligence, if authorities determine you are partly at fault for your injuries, they may reduce your compensation by your assigned percentage of fault. So, if they determine that you are 20% at fault for not wearing a helmet, they will reduce your compensation by 20%.
It’s also worth noting that South Carolina follows a “modified comparative negligence” rule. Under this rule, if they determine you are at fault for 50% or more of the accident, you cannot receive any compensation. If the other side can prove that your lack of a helmet was the primary cause of your injuries, you might not be able to recover any damages.
Bicycle Accident Claims and Helmet Regulations
If you’re involved in a bicycle accident and you were wearing a helmet, that can help your legal case. Wearing a helmet shows that you are taking reasonable steps to protect yourself and reduce your risk of traumatic brain injury.
There are certain situations in which wearing a helmet is legally required according to specific regulations. If you were biking in an area that required a helmet and you were wearing one when the accident happened, it shows you were following the rules and not being negligent.
On the other hand, if you weren’t obeying mandatory helmet laws, that could be used against you to argue that you were negligent and not taking reasonable steps to protect yourself.
How Not Wearing a Helmet Affects Your Case
If you’re in a bicycle accident without a helmet, you can still recover compensation. However, it may complicate your case and reduce your compensation.
The other side might argue you were partly at fault for not wearing a helmet. They could use this to lower the amount they owe.
If your injuries are more severe due to not wearing a helmet, this might also impact your case. For example, if a helmet could have prevented a serious head injury, the opposing party might argue for reduced compensation.
Remember, each case is different, and your situation will determine how much not wearing a helmet affects your claim.
Proving Fault in a Bicycle Accident Case
Whether you were wearing a helmet or not, proving fault in a bicycle accident case can be challenging. It often comes down to a “he said, she said” situation, where both parties have different versions of what happened.
That’s why gathering as much evidence as possible after a bicycle accident is so important. This can include things like:
- Photos of the accident scene and any damage to your bike or other property
- Witness statements from anyone who saw the accident happen
- Police reports or accident reports filed by law enforcement
- Medical records documenting your injuries and treatment
- Surveillance footage or dashcam footage of the accident, if available
An experienced Greenville lawyer can help you gather this evidence and build a solid case. They can also work with accident reconstruction experts and other professionals to help demonstrate how the accident happened and who was responsible.
How a Bicycle Accident Lawyer Can Help
If you’ve been involved in a bicycle accident, it’s essential to have an experienced lawyer on your side who can help you navigate the complex legal issues involved. A bicycle accident lawyer can help you understand your rights, gather evidence to support your case, and fight for the compensation you deserve.
At Maxey McFarland Law, our experienced Greenville traumatic brain injury lawyers have helped many cyclists get the compensation they need to move forward with their lives. We know how to deal with insurance companies and negotiate fair settlements, and we’re not afraid to take cases to trial if necessary.
If you’ve been involved in a bicycle accident, don’t hesitate to contact us for help. We offer free consultations during which we’ll listen to your story, answer your questions, and give you honest advice about your case. If we take on your case, you won’t owe us a dime unless we win.
You shouldn’t have to suffer because of someone else’s negligence. Let Maxey McFarland Law fight for your rights and help you get the justice you deserve. Contact us today at (864) 900-4231 to schedule your free consultation and take the first step toward getting your life back on track.
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