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Recovering Damages When Not Wearing a Helmet

If you ride a motorcycle, wearing a helmet is very important. It can protect you from traumatic brain injuries and spinal cord injuries.

But what if you were involved in a motorcycle accident while you were not wearing a helmet and sustained a traumatic brain injury? Would you be to blame?

It all depends on your state laws. Find out what to do if you were involved in a motorcycle accident when you were not wearing a helmet.


Helmet Laws in the State of South Carolina

According to South Carolina law, motorcycle drivers over 21 years old don’t have to wear a helmet. Therefore, if you were involved in a motorcycle accident and sustained a brain injury, you would not violate any laws, and you would have a right to full compensation.

In 1967, South Carolina had a universal helmet law that mandated all drivers to wear a helmet at all times regardless of their age. However, the law changed in 1980, and now only riders who are 20 and under must wear a helmet. Other motorcyclists are free to do as they please.

Although motorcyclists have the law on their side, even when not wearing a helmet, many insurance companies will try to argue that the injury is partially the rider’s fault and that, as a result, their compensation should be limited.

The right lawyer will be able to deal with insurance companies so motorcyclists can get the compensation they deserve, whether they were wearing a helmet or not.

If you were in a motorcycle accident while not wearing a helmet and you sustained injuries to areas other than your head or neck, the fact that you were not wearing a helmet would be irrelevant.


How to Seek Compensation After a Motorcycle Accident

To get compensation, you will have to prove your accident was due to a driver’s negligence — regardless of whether or not a helmet is on your head.

In some cases, poor road conditions, like construction debris on the road, can cause motorcycle accidents. In these situations, you may be able to go after the city or the construction company to recover damages.

Regardless of the cause of the accident, the right lawyer will determine the at-fault parties. He or she will help you gather the evidence you need to build a strong case and see to it that you get the compensation you deserve.


Finding the Right Lawyer for Your Motorcycle Accident

If you were involved in a motorcycle accident and you were not wearing your helmet, you need an excellent Columbia motorcycle accident lawyer on your side. The right lawyer will make sure insurance companies don’t try to limit your compensation because you were not wearing a helmet. They will also treat you with the care and respect you deserve during this difficult time.

If you are looking for a Columbia motorcycle lawyer in the South Carolina area, The Jeffcoat Firm is highly recommended.

The Jeffcoat team has years of experience dealing with motorcycle accidents and personal injury cases. Their deep sense of compassion takes their cases to a personal level. This allows them to be thoughtful and attentive to their clients. Yet, it also fuels their passion for aggressive representation that is necessary for getting the people they represent the compensation they deserve.

Wearing a helmet while riding is always a good idea. But if you were injured in a motorcycle accident while not wearing your helmet, you can still get full compensation. With the Jeffcoat firm on your side, you can rest assured that justice will be served.

Contact Us Today!


It's free to speak with us about your case, and if you hire us, we don't get paid unless we win.

1333 Main St #510,
Columbia, SC 29201
Main Office


5465 Sunset Blvd Suite B,
Lexington, SC 29072


161 Elliott St SE Suite B,
Orangeburg, SC 29115


749-2 University Village Dr,
Blythewood, SC 29016


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Our Locations

The Jeffcoat Firm Injury & Accident Lawyers

1333 Main St #510,
Columbia, SC 29201

(803) 373-1668

The Jeffcoat Firm Injury & Accident Lawyers

5465 Sunset Blvd Suite B,
Lexington, SC 29072

(803) 373-1302

The Jeffcoat Firm Injury & Accident Lawyers

161 Elliott St SE Suite B,
Orangeburg, SC 29115

(803) 373-7593

The Jeffcoat Firm Injury & Accident Lawyers

749-2 University Village Dr,
Blythewood, SC 29016

(803) 592-6553

! NOTICE ! No Legal Advice Intended. This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues or problems.

Files are primarily handled in our main office in Columbia.

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