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Personal Injury Blog

At Kinon Law Firm, we focus exclusively on helping injury victims. We’re here to fight for individuals and families who’ve had their lives disrupted by accidents, negligence, or tragedy.

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Can I Recover Damages if I Wasn’t Wearing a Helmet?

While helmets can provide important protection during a bicycle crash, not wearing one does not automatically prevent an injured cyclist from pursuing compensation after an accident caused by another party. If someone else’s negligence contributed to your injuries, understanding your rights is an important step toward protecting your claim. Our bike accident lawyers in Conway, SC at Kinon Law Firm help injured cyclists understand South Carolina laws.

How Not Wearing a Helmet May Affect a Bicycle Accident Claim in South Carolina

Known for attractions like the Conway Riverwalk, historic downtown district, and busy roads such as Main Street, Church Street, and U.S. Highway 501, Conway is a popular area for both residents and tourists. With cyclists traveling throughout the community, accidents can occur when drivers fail to share the road safely or pay attention to nearby bicyclists.

South Carolina does not have a universal helmet requirement for all adult bicyclists. However, insurance companies or opposing parties may attempt to argue that a cyclist’s decision not to wear a helmet contributed to the severity of their injuries. 

This argument does not automatically eliminate a person’s ability to recover damages after a bicycle accident.

Under South Carolina’s comparative negligence laws, fault may be divided between the parties involved in an accident. Outlined in S.C. Code Ann. § 15-38-15, legal responsibility is decided by the court and divided among the involved parties. If you are found to be over 50% at fault, you cannot pursue compensation for your injuries. Any compensation awarded to you is reduced by your personal percentage of fault, which may be negatively impacted by your choice to not wear a helmet.

Damages Available After a Bicycle Accident in South Carolina

An accident can create financial challenges that continue long after the initial collision. The compensation available in a case depends on the circumstances surrounding the accident and the losses experienced by the victim. Our team at Kinon Law Firm helps clients identify the damages they may be able to pursue, including:

  • Medical expenses
  • Future treatment costs
  • Lost wages
  • Reduced earning ability
  • Pain and suffering
  • Emotional distress
  • Damage to your vehicle and other personal items

Due to the lack of physical protection, bicyclists often face more severe injuries than in regular car accidents. While not wearing a helmet may affect your final compensation, our goal is to seek the most favorable legal option for your needs. During this process, our attorneys work tirelessly to gather as much evidence as possible to bolster your legal claim and obtain the compensation you need to recover your losses.

Take the First Step Toward Justice With Our Conway Bike Accident Attorneys

After another party injured you, it’s normal to want to seek compensation for your pain. Our goal is to offer our extensive legal experience and knowledge during the entirety of legal proceedings. Contact our bike accident lawyers in Conway today online or by calling 843-488-9191. Kinon Law Firm is proud to offer free case assessments to those living in Conway, Myrtle Beach, and surrounding South Carolina cities.

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