Importance of Helmets in Virginia Beach Motorcycle Accidents
Virginia Beach law and Virginia law requires every motorcyclist to wear a helmet on all Virginia roadways. Virginia follows the national rules and standards. If you want to know more about the importance of helmets in Virginia Beach motorcycle accidents, speak with a capable motorcycle accident lawyer. One of our qualified Cooper Hurley injury lawyers could help you pursue damages if you were seriously harmed following a motorcycle accident.
Types of Helmets That Are Required
Motorcyclists in Virginia Beach are required to wear helmets. The importance of helmets in Virginia Beach motorcycle accidents goes beyond their legal necessity. Helmets protect cyclists from potential head injuries. The helmets must have a face shield and safety glasses or goggles. If the motorcycle has a windshield, that may be acceptable. The windshield, face shield, glasses or goggles, and protective helmet must meet or exceed the standards and specifications of the Snell Memorial Foundation, the American National Standards Institute, Inc., or the Federal Department of Transportation.
Legal Ramifications of Not Wearing a Helmet
Under Virginia law and in Virginia Beach, it is mandatory to wear a motorcycle helmet while operating a motorcycle. While the law explicitly says that failure to wear a protective helmet shall not constitute negligence by itself, it might create a problem for you and your injury claim in any civil case including a personal injury case. While motions may be filed in an attempt to exclude that information from a jury, it is possible that the judge will permit the jury to know that you were not wearing a helmet as part of the case.
If you were not wearing a helmet at the time of the accident, the jury could hold that against you. It permits a defense lawyer for an insurance company to argue that your injuries were not caused by the accident, but are a result of not wearing their helmet. While it cannot constitute negligence, it could be held against you at trial and have a significant impact on your damages and the money they may be able to recover as part of their injury claim. In spite of the fact that it is explicitly stated in the law that it is not proof of negligence, it still creates a complication. It also gives insurance companies more of a reason to deny your claim.
Why Motorcycle Helmets Are Important
Wearing a motorcycle helmet is critical to motorcyclist safety. A motorcyclist does not have the benefit of being surrounded by steel and metal as in a car or truck. They are sitting atop a motorcycle with little protective wear and no safety belt. A motorcycle helmet helps absorb the impact when the driver strikes their head on the ground or another vehicle, or flies through the air and strikes something following an accident. Motorcycle helmets could be the difference between life and death.
How Wearing a Motorcycle Helmet Could Help Virginia Beach Motorcyclists
GEICO performed a study that found those involved in motorcycle accidents who were wearing motorcycle helmets had a 29 percent increased chance of survival following an accident. Those wearing motorcycle helmets have a significantly higher rate of survival following a serious motorcycle accident. The importance of helmets in Virginia Beach motorcycle accidents, specifically in regards to their life-saving abilities, cannot be ignored.
A properly-designed motorcycle helmet that meets the Virginia Beach Virginia and federal standards prevents certain types of head injuries. A helmet may prevent you from receiving a concussion after a violent accident or trauma and may avoid other traumatic brain injuries. While it might not always prevent head injuries, it can certainly limit them or make them less serious than they otherwise would have been if you were not wearing a helmet. Helmets are designed to absorb the force of the impact and not have it transfer to your brain, causing brain injuries that could be debilitating, life-altering, and sometimes deadly. If you want to know more about how to protect themselves during a motorcycle accident, contact one of our attorneys at Cooper Hurley injury lawyers. Our attorneys could answer your questions and help you pursue damages for serious injuries sustained following an accident.