Injured in a Motorcycle Accident without a Helmet? Here's What You Can Do

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If you were involved in a motorcycle accident but were not wearing a helmet, are you still allowed to file a claim? My name's Kenneth Berger. I practice law here in Columbia, South Carolina, and handle cases involving motorcycles all across the state. I made this video to answer that question for you. Motorcycle accidents often result in severe injuries. One of the injuries they may produce is a traumatic brain injury, also known as a TBI. Now, TBIs can occur if you're wearing a helmet or if you’re not wearing a helmet. In South Carolina, the law does not require adults to wear helmets when they’re riding motorcycles. It might be a good idea, but the legislature doesn't demand it. So, if you were involved in a motorcycle accident, if you were wearing a helmet or if you were not, so long as the accident was another driver's fault, you're still able to pursue what is known as a civil claim. From a civil claim, you can recover compensation for every harm and every loss that you sustained, including losses that may potentially be related to a traumatic brain injury because, once more, those occur frequently with motorcycle accidents regardless of whether or not a helmet was being worn. If you've sustained a head injury, or any other type of serious injury in a motorcycle accident, have questions about our helmet laws or your rights to compensation, please know that we're here to help you. You can call me today for answers to those questions, for a free consultation, and you can also request free copies of my books right here on the website. The biggest thing is we want you to know that you're not alone and you don't have to come under attack from an insurance company trying to blame you for what you're going through when the accident itself was someone else’s fault. Bottom line, we're here for you, and we are here to do everything we possibly can to protect your legal rights.

South Carolina Motorcycle Accident Lawyers

Devastating motorcycle accidents can happen to even the most careful riders, leaving the injured person and their families with questions about liability and how medical costs and other expenses from the crash are going to be paid.

If you were hurt in a motorcycle accident, our Columbia injury lawyers are here to help you navigate the legal system and ensure your legal rights are protected. Below we’ve answered common questions people have after a collision, and we are also available via chat, contact form, or telephone to speak with you and schedule a free consultation.

Common Causes of Motorcycle Crashes in Columbia, SC

Motorcycle wrecks can happen in the blink of an eye—before the rider can react. Accidents happen so fast, in fact, that it’s common for a motorcycle rider who has survived a collision to state, “One minute I was on my bike, and the next I was waking up in the hospital.” Here are some of the most common causes of motorcycle accidents involving cars or trucks:

• Left turns. One of the most common and deadly causes of wrecks is when a driver fails to see an oncoming motorcycle and performs a left-hand turn in front of the rider. These types of accidents account for up to 42 percent of all car-motorcycle crashes.
• Lane changes. Cars and trucks can strike an unwary rider during a lane change, especially if the lane change is sudden.
• Rear-end accidents. Drivers may not see a motorcyclist stop at an intersection ahead and strike the rear tire of the motorcycle, throwing the rider into cross traffic.
• Drunk drivers. Intoxicated drivers can barely operate their vehicles and have a hard time seeing or avoiding other cars, let alone a motorcycle.

What to Do After a Motorcycle Crash in South Carolina

These five steps can help ensure your legal rights are protected after a motorcycle crash in South Carolina.

1. Focus on getting well. After an accident, you should prioritize your health and seek proper medical care. Motorcycle wrecks often leave people with serious injuries, including some that may not be visible to the eye, like a TBI or internal bleeding. Seeking medical treatment after a wreck can help ensure no injuries go untreated.
2. File all medical bills with your health insurance company. Hospitals will often claim they are unable to file your medical bills with your insurance provider if you were injured in a vehicle accident. Do not let them mislead you. If you have health insurance, insist that all bills are submitted to your provider, who will then cover all procedures covered by your plan. For more information on using health insurance after a wreck, read this article: Can the Hospital Refuse to File My Bill with the Health Insurance Company?  
3. Proceed with caution when speaking with insurance adjusters. An adjuster’s job is to pay you as little as possible to settle your injury claim. So, when they call to discuss the collision, be mindful of how you describe your health and the wreck and know that you are not obligated to give a recorded statement. We recommend at least consulting with a motorcycle accident attorney before speaking with an adjuster to ensure your rights are protected.
4. Be careful when sharing information on social media. It can be tempting to post details about your motorcycle wreck on social media to let people know how you are doing. Unfortunately, insurance adjusters often try to use this information against you. Sharing updates offline via text or phone call may be a safer route to prevent adjusters from twisting your words to prove you deserve a smaller settlement.
5. Schedule a free legal consultation. After your crash, you may also want to contact a South Carolina motorcycle accident attorney. A lawyer can help you understand your rights pertaining to fair compensation and help you determine whether a lawsuit is worth pursuing.

Contact a South Carolina Motorcycle Accident Attorney Today

With our central office in Columbia and a second office in Myrtle Beach, we can help injured riders across the entire state of South Carolina. Our goal is to protect your legal rights and ensure that no injured person is taken advantage of by dangerous drivers and the insurance companies that represent them.

If you’ve been involved in a motorcycle accident in South Carolina, our team of attorneys will review your individual situation and help you decide on the right course of action in order to receive full compensation for medical bills, rehabilitation, property damage, lost time and wages, pain and suffering, and more. 

Some motorcycle riders wear helmets; others do not. South Carolina law does not require helmets for people over 21. While a helmet may prevent certain injuries, your choice not to wear a helmet does not prevent you from filing a claim if the wreck was caused by another person's negligence.

Motorcycle accidents can lead to catastrophic injuries regardless of whether someone is wearing a helmet. While we certainly encourage every rider to put on a helmet before heading out on the roadways, your choice not to should never affect your legal right to fair compensation. If you have any questions following a motorcycle crash in South Carolina, I am here to help. Call me today at (803) 790-2800 for a free consultation or to receive free copies of my books. I look forward to being of service.