Unfortunately, motorists do not always take proper safety precautions around cyclists. For this and other reasons, bicyclists should wear a properly-fitting safety helmet whenever they ride. This raises an important question: Could not wearing a bike helmet impact my claim? The short answer is “yes”—while bike helmets are not required by law in South Carolina, they are recommended and insurance companies may try to use a rider’s lack of a helmet to reduce a payout.

Here, our Charleston bike accident lawyer provides a comprehensive guide to the key points to know about how wearing a helmet can impact your personal injury case in South Carolina.

Bike Accident Without Helmet? Four Steps to Take

Hurt in a bicycle accident with a motor vehicle? It is imperative that you act quickly to protect your health, safety, well-being, and legal rights. Doing so is especially important if you were not wearing a helmet. Here are four steps to take after a bike accident while not wearing a helmet in Charleston:

• Report the Collision to the Police: All bike/vehicle accidents should be reported to law enforcement. Call the Charleston Police Department or another local or state law enforcement agency as soon as possible. They will draft a police report.

• Get Immediate Medical Care: With no helmet on, the risk of a head injury rises. You need to seek immediate medical care for any injuries relative to your collision, particularly so if you sustained a possible traumatic brain injury (TBI).

• Document the Accident: Bicycle accident claims are fault-based legal cases. To put yourself in the best possible position to get justice and compensation, make sure you document the crash. Take photographs, get witness contact details, and write down what happened.

• Consult With a Charleston Attorney: You do not have to take on the challenges of the personal injury claims process alone. Before you provide any statement to an insurance adjuster, please be sure to consult with an experienced Charleston bike accident lawyer.

South Carolina Bicycle Laws: What to Know About Helmets

Bicycle helmets are not legally required for riders by the State of South Carolina. Of course, that is certainly not to say that you should avoid wearing one. Quite the contrary, the University of South Carolina explains that “although bicycle helmets are not required by law in South Carolina, they are an essential piece of safety gear.”

Why All Cyclists Should Wear a Proper Helmet

The data is overwhelmingly clear: bike helmets help to prevent brain injuries and even save lives. A study published by the National Institute of Health (NIH) found that a properly fitted bike helmet reduces the risk of a TBI by more than 60 percent in a crash. Helmets are a critical piece of equipment that can be the difference between a minor injury and a life-altering one.

Note: While all cyclists should wear the proper bike helmet, headgear is especially important for young riders. Children are not only at a higher risk of being involved in a bicycle accident, they are more vulnerable to the long-term effects of a traumatic brain injury. As children and teenagers have still developing brains, head trauma can cause terrible long-term adverse effects. A bike helmet can make a big difference in preventing injuries.

A Quick Review of the Consequences of Not Wearing a Bicycle Helmet

What happens if you are hurt in a bike accident in South Carolina while not wearing a helmet? The answer is that there could be some big consequences—both for your health and for your legal claim.

Here is an overview of the most important points that you need to be aware of:

• Your Risk of a Serious Brain Injury is Far Higher: Your health and well-being should always be the top priority. Not wearing a helmet is a safety risk that cyclists should avoid. In South Carolina, not wearing a bicycle helmet significantly increases the risk of sustaining a serious brain injury if involved in an accident. The human skull can only withstand so much impact before it is damaged. A helmet acts as a buffer, absorbing the shock that would otherwise directly affect the brain. It drastically reduces the force associated with a crash.

• An Insurance Company May Try to Use it Against in Your Legal Claim: South Carolina is a modified comparative negligence state. Even though not required by law, South Carolina recommends bike helmets. An insurance company may try to use the lack of a helmet against you to blame you for part of your own damages. It is a defense strategy that generally argues that a rider’s failure to wear a helmet contributed to their own injuries. To be clear, not wearing a bike helmet is by no means a bar on recovery, but it could result in serious pushback from an aggressive insurance company.

Injured Cyclists Deserve the Maximum Available Financial Compensation

Hurt in a bicycle accident in Charleston or elsewhere in South Carolina? Regardless of whether or not you were wearing a helmet, you have the right to seek compensation for the full extent of damages, including both your economic losses and your non-economic losses.

Do not let an insurance company find a strategy to undervalue your claim. Our Charleston, SC bike accident lawyer can help. You may be eligible to recover financial compensation for:

• Bicycle repairs or bicycle replacement;
• Emergency medical care;
• Hospital bills and additional medical expenses;
• Loss of wages and diminished earning power;
• Pain and suffering & mental distress;
• Disability, scarring, or disfigurement;
• Reduced quality of life; and
• Wrongful death of an immediate family member.

Contact Our Charleston Bike Accident Injury Lawyer for a Free Case Review

Attorney Trey Harrell is a top-rated Charleston bicycle accident attorney. Hurt in a crash while not wearing a bike helmet? We are more than ready to protect your rights. Give us a call now or connect with us online for a free, comprehensive initial appointment. With a law office in Charleston, we handle bike accident cases throughout the wider region in South Carolina. Remember Trey Helps!