Motorcycle season in the Lowcountry: the helmet question and your claim

Picture this call. “A car turned left in front of me at a light. I went over the hood. I wasn't wearing a helmet. The adjuster says that's a problem.” The adjuster may well raise the helmet. South Carolina's statutes say less about it than many riders expect, and it helps to know what they do say before that conversation goes further.

Under Section 56-5-3660, riders under 21, whether operating the motorcycle or riding as passengers, must wear a helmet approved by the Department of Public Safety, with a neck or chin strap and reflective material on both sides. Operators under 21 must also wear goggles or a face shield unless the motorcycle has a windscreen that meets the department's specifications (Sections 56-5-3670 and 56-5-3680). The eye protection rule does not apply to passengers. Riders 21 and older are not required by statute to wear a helmet. The helmet law explained.

Insurers sometimes raise helmet use. They may suggest the rider shares the blame, or argue that a helmet would have made a head injury less severe. South Carolina's statutes set the helmet rule for riders under 21 but do not say how helmet use affects an injury claim. Whether it matters in a given case is a question of fact. It can turn on what caused the crash, which injuries the rider has, and what the medical evidence shows.

Fault is a separate question. South Carolina compares fault, and an injured person can recover if their own negligence is not greater than the other side's. A rider found more than 50 percent at fault recovers nothing, and a smaller share reduces the award by that share. How comparative negligence works.

Statewide in 2024, officers recorded the other vehicle's driver as contributing in 56.4 percent of multi-vehicle motorcycle collisions, and the motorcycle driver in 40.4 percent, according to the SCDPS Fact Book. In Dorchester County, failure to yield the right of way was the contributing factor listed most often on crash reports that year (986), and the county counted 66 motorcyclists among its crash victims, 7 of whom died.

A left turn across a rider's path raises the yield rule. Section 56-5-2320 requires a driver turning left to yield to oncoming traffic that is in the intersection or close enough to be an immediate hazard. Section 56-5-3640 entitles a motorcycle to the full use of its lane. A violation does not automatically put all the fault on the turning driver, because South Carolina still compares fault. Left-turn motorcycle crashes.

Frost Law Group represents riders, and we still ask every rider to wear a helmet. SCDPS counted 132 motorcyclists killed on South Carolina roads in 2024, about one every 2.8 days. For more on helmets, see NHTSA and the Insurance Institute for Highway Safety. If you were not wearing one and a careless driver hurt you, talk with a lawyer before you accept an adjuster's view of what that means for your claim.