A crash involving a car and a motorcycle in Lexington County, South Carolina (SC), on the evening of October 8, 2016, left two motorcyclists dead and a passenger in the larger vehicle injured. The fatal crash happened at the intersection of St. Andrews Road and Jamil Road.
The preliminary investigation into the deadly wreck revealed that the driver of the car was attempting to make a left-hand turn. The intersection is controlled by stop lights, but it was not immediately clear whether the car or the motorcycle had right of way.
The motorcyclist who hit the car died at the scene, and the injured car passenger required hospital treatment. A final fact disclosed to reporters was that neither of the motorcycle riders were wearing helmets.
South Carolina law does not require motorcyclist older than 21 to use helmets. One of things this means is that no insurance company can automatically deny a wrongful death claim simply because the deceased motorcycle rider failed to wear a helmet. An insurer may try to do so regardless, and representatives for an insurance company will certainly try to argue that riding without a helmet constituted comparative negligence of the kind that justifies offering a very low settlement even if their policyholder clearly caused a death by being negligent themselves. The family members of the motorcycle riders who lost their lives in this car crash outside of Columbia could benefit from consulting with a South Carolina wrongful death attorney who can advise them on how to stand up to pressure from insurance companies.