The biker community is one of kinship, camaraderie, and fun. We can attest to the fact that being a social biker adds a new dimension to the riding experience and benefits everyone involved.

In fact, anyone who rides is a member of the motorcycle club; the subgroups differentiate themselves in many ways. Ninety-nine percent of motorcycle club members conduct themselves with the utmost in dignity and respect. The motorcycle riders often portrayed on television are what bikers call the one-percenters—the 1% who give everyone else a bad name. These groups are not gangs, and prefer not to be addressed as such.

Security.

Joining a club or biker’s group gives you safety in numbers. When you’re traveling, you have people there to lend a hand in case of breakdown. If you need help with a personal issue or a legal issue such as running from blue lights, you have a safe place to talk and many minds to help you come up with a solution.

Brotherhood or sisterhood.

A biker club is like any other club: it’s a group of friends you can trust. They’ll help you and your family any time you need it (and keep it quiet), make sure you’re all right, and do what they can. The words “brotherhood” and “sisterhood” describe perfectly what bikers consider their club to be.

Many, if not most, biker’s groups do good works for charity, and those organizations will tell you that the bikers are the most generous and dependable donors and volunteers they have. Typically, bikers are generous with their time and money and consider it their mission to help those who are less fortunate.

Companionship.

The bonds of friendship fostered in a biker’s group are long-lasting and deep. These are true friends and great companions who are dedicated to each other and consider themselves brothers and sisters—friends for life.

The latest information about legislation.

In every club, there are a few who stay abreast of the latest laws and regulations pertaining to motorcycles. Also, with so many people involved, the club stays informed about the biker’s life in general and relays that information to the rest of the group.

Are you in a club, and what’s your favorite part of belonging to the group?

Philip Contos 55, died when his bike fishtailed and he went over the handlebars, hitting his head on the road. Medical personnel at the hospital had no doubt Contos would have survived if he had worn a helmet.

Contos was participating in the 11^th annual helmet protest ride sponsored by the Onondaga chapter of ABATE, American Bikers Aimed Toward Education. The group lobbies for freedom and awareness among bikers and the public. The Syracuse chapter president, Christinea Rathbun, told a news agency how saddened and shocked the group was at Contos’ death.

ABATE believes that each adult rider should have a choice whether to wear a helmet, but New York is one of 20 states with a mandatory helmet law applying to all ages. South Carolina’s law requires riders under age 21 to wear a helmet.

A representative of the Governors Highway Safety Association, Jim Hedlund, stated that a helmet reduces the risk of fatality in a motorcycle accident by 40%. However, ABATE of New York’s website notes that helmet laws do nothing to prevent accidents, and the decision to wear one should be up to each adult rider.

As South Carolina motorcycle accident lawyers, we represent riders who were victims of motorcycle and auto accidents, and we see both sides: victims who did and did not wear helmets.

What do you think? Should wearing a motorcycle helmet be mandated by law, and why or why not?

In a recent decision by the South Carolina Court of Appeals, State v. Herchek, the issue before the Court was whether police are required to videotape a suspected DUI defendant’s conduct for the required 20-minute pre-breath test period if the defendant refuses to take the breath test. While the opinion rendered in this case is unpublished, and therefore can not be cited or used to set precedent, it nevertheless provides important guidance on this issue.

Mr. Herchek was detained under suspicion of driving under the influence and refused to submit to a breath test. While it is required by South Carolina Statute § 56-5-2953, to record a Defendant’s conduct at the breath test site for a 20-minute observation period, the officer failed to do so, as it was not required under South Carolina Law Enforcement Division (SLED) policy. The Magistrate in Herchek’s case, therefore, dismissed the DUI charge on this ground.

The State appealed to the Circuit Court, which upheld the Magistrate’s dismissal. The State then appealed the Circuit Court’s ruling to the Court of Appeals, where the dismissal was again affirmed.

It is worth noting that as of May 2011, SLED policy had not changed in light of the Court of Appeals recent Opinion. Officers are not required to record the observation period when the driver refuses the breath test; however, many are recording the full 20 minutes, as required by South Carolina law.

One of the main focuses of the Uricchio Law Firm is criminal defense. We handle DUI cases in Charleston, Berkeley and Dorchester counties. For more information about Uricchio Law Firm and our criminal defense practice, please click here.

We would like to thank Bobby Frederick, an attorney in Myrtle Beach, for bringing this case to our attention through his excellent criminal defense blog. To read his post of this case, please click here.

What is your opinion of this South Carolina Law? We want to know.

If you drive a motorcycle, moped, or bicycle, you’ve probably experienced a situation where your bike wasn’t heavy enough to trigger a traffic signal change (when you drive up to the red light you have to wait longer than average for the light to turn green because the sensors in the ground are not triggered due to your low weight).

Well I’ve got good news! You don’t have to sit at these drastically long traffic lights forever.

See below for South Carolina law SECTION 56-5-970:

SECTION 56-5-970. Traffic-control signal legend.

(C)(5) Notwithstanding any other provision of law, if a driver of a motorcycle or moped, or a bicycle rider, approaches an intersection that is controlled by a traffic-control device, the driver may proceed through the intersection on a steady red light only if the driver or rider, as the case may be:

(a) comes to a full and complete stop at the intersection for one hundred twenty seconds; and

(b) exercises due care as provided by law, otherwise treats the traffic control device as a stop sign, and determines it is safe to proceed.

Visit SCStateHouse.gov to view more South Carolina Laws.

The first step to finding the right motorcycle insurance is to do your research. If you’re happy with your current car insurance provider, ask if they also offer motorcycle insurance. If not, ask other motorcyclists what insurance companies they use. Some of the most popular motorcycle insurance companies include:

Allstate: With rates starting as low as $100, Allstate provides motorcyclists with motorcycle coverage that includes Accident Forgiveness, Deductable Rewards®, and new motorcycle replacement.  Allstate also offers the option to receive Motorcycle Medical Payments, or Personal Injury Protection, which provides coverage for medical costs and even for loss of wages should you need to miss work due to your injuries.

To get a free quote for your motorcycle, click here.

Progressive: With policies starting at just $95 per year, it’s no wonder Progressive is rated one of the top motorcycle insurance providers. And one of their biggest perks is that they offer 24 / 7 roadside assistance, should your motorcycle breakdown, for less than $1 per month.

Progressive also insures automobiles, boats, motor homes, travel trailers, snowmobiles, commercial automobiles, homeowners insurance, condominium insurance, renters insurance, and mobile home insurance. They pretty much can cover it all!

To get a free quote for your motorcycle, click here.

Geico: Covering sport, cruiser, and dirt bikes, Geico offers motorcycle coverage for whatever bike you’ve got.  When you choose Geico as your motorcycle insurance provider, you get flexible payment plans that work best for you, as well as motorcycle insurance discount options.

To get a free quote for your motorcycle, click here.

For more information about motorcycle coverage, click here.

We did a sweep of current motorcycle news across the country and found a few states that are in the works of changing their motorcycle helmet laws. Below are three mini news stories related to motorcycle helmet laws across the country:

Connecticut: According to a recent article on NewHavenIndependent.org, “The analysis of state Department of Transportation crash data between 2001-2007 found that there were 9,214 motorcycle crashes, including 358 fatalities. The number of fatalities was more than twice as high – 235, or 65.6 percent – among those riders who were not wearing helmets as among those who were – 123, or 34.4 percent.”

Connecticut implemented a mandatory helmet law in 1989 for motorcycle riders 17 years of age and younger. Since 1989, legislation was to change these laws arose five separate times, however, the law has remained the same.

Michigan: According to an article on Northern Michigan’s 9&10 News, 2011 just might be the year when motorcycle helmet laws are dropped. “Some still feel optimistic this could be the year the law gets repealed due to the republican control in the state house, senate, and the new republican governor.”

Oregon: Currently, all motorcycle riders must wear a helmet—no matter their age. According to the Insurance Journal, Oregon legislators are attempting to pass partial motorcycle helmet laws, which would require motorcyclists under the age of 21 to wear a helmet. Click here to view the 76^th Oregon Legislative Assembly House Bill 3141.

To view all state motorcycle laws, click here.

Although their trunk space is lacking, mopeds are perfect for getting where you need to be.

Below are some South Carolina moped laws to keep in mind when purchasing a moped:

• If you are to operate a moped legally, you must be at least 14 years old.
• Individuals who violate moped laws are guilty of a misdemeanor and must be fined a minimum of $25.
• South Carolina law states that the State has the right to suspend, revoke, or cancel a moped driver’s license if he or she has violated a moped law while operating the moped.
• Any person looking to receive a moped license must perform an eyesight test, an exam that tests the applicant’s ability to understand road signs, as well as an exam to analyze the applicant’s understanding of traffic laws.
• Moped licenses do not require a picture of the moped operator.
• Moped drivers can only operate their mopeds on public roads and highways and are prohibited from driving on interstates.

To learn more about South Carolina moped laws, visit the SC Department of Motor Vehicles website.

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Unfortunately, these restrictions limit motorcycle parking options drastically. If you’ve ever tried parking downtown, you know how difficult it can be—especially in busy commercial areas. There are, however, a handful of metered lots located near King Street and Market Street—these lots can be found as black or grey squares on the City of Charleston Parking Guide.

Motorcyclists and motor vehicle drivers, alike, can now use a new system call SmartCard, which enables them to use prepaid cards to pay metered spots.

And a little side note for motorcyclists in Charleston, according to the Municode Section 19-256, the city allows up to 6 motorcycles in each metered spot, so long as all the vehicles are parked within the boundaries of the space.

Have you had issues parking your motorcycle in Charleston?

If you’re ever involved in a serious motorcycle accident, you have up to two years to file a suit. And it’s important when filing a suit to find the best legal representation for your situation. The personal injury attorney you choose should be able to tactfully pursue personal injury claims and have an understanding of how motorcycles operate on the road. Many people who do not ride or understand the operation of motorcycles don’t understand how motorcycles handle on the road, which can lead to misinterpretation. From witness statements to police reports, and lawyers without riding experience, anyone can misinterpret the facts. Having a motorcycle injury lawyer will help you to assist in obtaining proper compensation for your injuries by deeply investigating the accident and the facts involved.

Motorcycle accident attorneys should also be able to perform a comprehensive investigation around your case and the facts involved in your accident. Because not all facts are recorded during accident investigation and facts may be misinterpreted in a police report your attorney should do extensive research with an accident investigation team to extract any additional facts from the accident and ensure that all recorded facts are accurate.

It’s also important to ensure that you are properly compensated for medical coverage and other injuries that you have sustained. A great personal injury lawyer has the power to do this.

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An excellent personal injury attorney will also ensure that you receive proper medical care with zero out-of-pocket expenses. Your attorney will then prepare documents and information to help you receive an appropriate settlement. If the personal injury attorney believes that your case needs to go to trial, then he or she will prepare it to do so.

If you’ve put off filing a lawsuit after a motorcycle accident, you still might have time to file. South Carolina law states that you have at least 2 years from the date of an accident to file your lawsuit and serve on the “at fault” party.

Depending on your claim, your settlement and injury compensations will differ. Money and compensation you receive from lawsuits are typically based on medical expenses and other elements of injury and / or damage incurred from the motorcycle accident.

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