The Myrtle Beach Bike Week Fall Rally 2019 is here – it began Monday and lasts through Sunday, October 6, 2019.
Free from the drama that has plagued the Harley Davidson and Black Bike Week rallies in the springtime, motorcyclists will be enjoying beautiful temperatures, long rides, and what should be a rain-free week on the Grand Strand this week.
Whether you came for the spring rallies, the Myrtle Beach Bike Week Fall Rally 2019, or you are just cruising through on vacation over the summer, all of us at Coastal Law support the motorcycle community and welcomes bikers to our town.
Be safe out there and call or email if you need us – if you or a loved one is arrested or involved in a motorcycle crash, contact us before you leave town to find out how we can help.
Myrtle Beach Bike Week Fall Rally 2019 – Does SC Have a Helmet Law?
SC does not require adults 21 years old or older to wear helmets. If you are under the age of 21, you must wear a helmet, though.
Years ago, the City of Myrtle Beach attempted to pass its own helmet ordinance, and Coastal Law challenged it in the SC Supreme Court.
In Aakjer v. City of Myrtle Beach, the Court held that local municipalities cannot pass criminal laws that are more restrictive than state criminal law, and the Myrtle Beach helmet law was unconstitutional under our state constitution:
We hold that the Helmet Ordinance fails under the doctrine of implied field preemption.
An ordinance is preempted under implied field preemption when the state statutory scheme so thoroughly and pervasively covers the subject as to occupy the field or when the subject mandates statewide uniformity. See South Carolina State Ports Authority v. Jasper County, 368 S.C. 388, 397, 629 S.E.2d 624, 628 (2006). The General Assembly addressed motorcycle helmet and eyewear requirements in S.C. Code Ann. §§ 56-5-3660 and 56-5-3670 (2009), respectively. The statutes generally require all riders under age twenty-one to wear a protective helmet and utilize protective goggles or a face shield. The Helmet Ordinance, in contrast, requires all riders, regardless of age, to wear a helmet and eyewear.
Although the City attempted to enforce the helmet law under a system of administrative hearings, but then repealed their ordinance establishing the administrative hearing system. The SC Supreme Court also held that the City’s helmet law was unenforceable because the City had repealed the ordinance established the administrative hearing tribunal:
As noted above, the City initially sought to enforce the Motorcycle Ordinances, including the Helmet Ordinance, in an administrative hearing tribunal, but later repealed the ordinance establishing the system. Petitioners contend the City’s enactment of the ordinance repealing the administrative hearing system caused the entire Motorcycle Ordinance scheme to fail. We agree.
What if you are cruising north on Hwy 17 from the Myrtle Beach Bike Rally Fall 2019? Does NC have a helmet law?
Does NC Have a Helmet Law?
If you are heading north from Myrtle Beach, be aware that NC does require riders to wear a helmet, although one NC legislator has supported a bill to repeal the helmet requirement every year since 2013:
He has backed similar bills every session since 2013, and, so far, they haven’t succeeded, in large part because medical groups and public health and safety leaders say the helmet law saves lives.
Last session, for example, the repeal never came up for a House vote after trauma surgeons and safety advocates lined up to testify against it.
Torbett said he’s expecting the same opposition this year, but he noted his bill picks up a little more support every time around.
“You can’t not support freedoms. This is my freedom bill of the year,” he said.
What do you do if you want to ride without a helmet? Come to SC:
Torbett often likes to ride his motorcycle down to South Carolina, where helmets aren’t required.
Myrtle Beach Bike Week Fall Rally 2019 – Motorcycle Crashes
There have been several motorcycle crashes in the past week in the Grand Strand area.
A motorcyclist was killed after a car hit him on SC 707 in front of St. James High School:
At 4:21 p.m. motorcyclist was driving a 2006 Harley-Davison south on S.C. 707 in front of St. James High School when struck by a 2003 Saturn Sedan that was turning onto the highway while coming out of the school’s property, according to state trooper Tyler Tidwell. The motorcyclist, who was not wearing a helmet, was ejected from the vehicle and later died at South Strand Medical Center, Tidwell said.
The minor driving the Saturn was wearing a seat belt and uninjured, Tidwell said. It was not immediately clear if the minor was a student at the school.
Another woman was killed after a motorcycle crash Sunday night:
A 58-year-old woman died at a local hospital Sunday night following a motorcycle crash in Myrtle Beach.
The fatal wreck happened at Harrelson Boulevard and Radar Road. Jennifer Wing of Myrtle Beach died at Grand Strand Regional Medical Center from injuries she suffered in the crash, according to Patty Bellamy, deputy coroner with the Horry County Coroner’s Office.
The driver of the car that hit her was charged with DUI:
[The suspect] was charged with DUI, less than .10, 1st offense, on Monday. [He] refused to provide a breath sample, which resulted in immediate suspension of his license, according to police. The officer at the crash said [he] smelled of alcohol, slurred his speech and had glassy, bloodshot eyes.
Jennifer Wing, 58, of Myrtle Beach, died at Grand Strand Regional Medical Center on Sunday night from injuries sustained in the wreck, according to Horry County Deputy Coroner Patty Bellamy.
The crash happened at the intersection of Harrelson Boulevard and Radar Road, Bellamy said.
When a driver causes an accident while under the influence of alcohol or drugs, SC law allows the crash victim to seek punitive damages against the drunk driver. Contact an experienced SC motorcycle accident attorney as soon as possible, because the insurance company for the other driver will immediately begin preparing their defense and trying to mitigate their damages…
Myrtle Beach Bike Week Fall Rally 2019 Motorcycle Accident Lawyers
If you were hurt in a motorcycle accident because of another driver’s carelessness, the Myrtle Beach motorcycle accident attorneys at Coastal Law want to help you to recover full compensation for your injuries.
Call now for a free consultation to discuss your case – call (843) 488-5000 or send us an email.
