If you were involved in a motorcycle accident, not wearing a helmet could complicate your personal injury claim. That’s why it’s crucial to have an experienced Virginia motorcycle accident attorney by your side. With our strong track record of success, we have what it takes to handle your case.
If you or your loved one is injured in a motorcycle accident while not wearing a helmet that complies with Virginia motorcycle helmet laws, we can still help you recover compensation if the driver was negligent. Contact us online or call (757) 333-3333 to schedule your free, no-obligation case review.
Safety Requirements Included in the Virginia Helmet Law
To comply with the Virginia helmet law, you must wear a helmet whether you are the operator or passenger on a motorcycle. You must also wear safety glasses, goggles, or a face shield. The helmet must meet safety standards set by one of the following organizations:
- The Snell Memorial Foundation
- The American National Standards Institute, Inc. (ANSI)
- The United States Department of Transportation (DOT)
According to Federal Motor Vehicle Safety Standard (FMVSS) No. 218, approved motorcycle helmets must bear a DOT, ANSI, or SNELL certification label and a manufacturer label displaying the size, manufacture date, instructions, warnings, and manufacturer’s name.
Uncertified helmets are often sold as novelty helmets. They are less effective in preventing serious injury or death. According to the NHTSA, some novelty helmet retailers use counterfeit certification labels. Selling novelty helmets or other non-compliant protective gear in Virginia is a misdemeanor, punishable by a $250 fine.
You may be able to spot an unsafe helmet by checking the weight, inner liner thickness, and chin strap. Compliant helmets are heavier, and they have stiff inner liners, sturdy chin straps, and solid rivets. Novelty helmets are designed for comfort and style rather than safety.
Ask The Car Crash Experts - Does Virginia Have a Motorcycle Helmet Law?
Bill O'Mara, Personal Injury Lawyer
“Some states don’t require you to wear a helmet while riding a motorcycle. Virginia, however, does have a mandatory law in place that requires you to wear a helmet if riding on a motorcycle.”
Are There Any Exceptions to the Virginia Helmet Laws?
The law provides a few exceptions to the helmet laws. You do not have to wear a helmet in Virginia under the following circumstances:
- Your motorcycle wheels are eight inches in diameter or smaller.
- Your motorcycle is a three-wheeler with a non-removable roof.
- You are riding your motorcycle as part of an organized parade authorized by the city, the DOT, or with the participation of law enforcement, and your speed is 15 miles per hour or less.
If your motorcycle is equipped with a windscreen or windshield, a helmet is still required, but you do not have to wear safety glasses, goggles, or a face shield.
Can I File a Motorcycle Accident Claim If I Wasn’t Wearing a Helmet?
Yes, you can file a motorcycle accident claim if you were injured in a motorcycle accident without a helmet because of someone else’s negligence. Section 46.2-910 of the Virginia Code specifies that failure to wear a motorcycle helmet does not constitute negligence in a personal injury claim.
This is important because Virginia is a contributory negligence state, meaning you normally cannot recover compensation if your negligence contributes even slightly to an accident. Without the caveat, seeking compensation if you were injured without a helmet would be greatly complicated.
Although you can still pursue compensation, the insurance company may attempt to argue that the negligent driver is not responsible for the full extent of your injuries because wearing a helmet would have prevented them. If not presented and skillfully argued, a jury may disregard the law and partially blame you for not wearing a helmet.
Helmets do not prevent all brain injuries, and they cannot prevent injuries in other areas of the body, such as broken bones, road rash, organ damage, ligament damage, and serious burns. Our skilled Virginia auto accident attorneys can work through the complex legal and factual details on your behalf to help you recover substantial compensation whether or not you were wearing a helmet.
Why Do You Have To Wear a Helmet in Virginia?
Riding without a helmet puts you at serious risk of a moderate to severe traumatic brain injury (TBI) if you are in a crash. Traumatic brain injuries are serious injuries that can result in lifelong disability or death. If you survive a moderate or severe TBI, you could still be left with cognitive disabilities, motor deficits, chronic pain, mood disorders, and changes in personality. Many people never recover.
The federal government has determined that certified motorcycle helmets are “extremely effective” in preventing serious head injuries, with a 37 percent reduction in the overall risk of dying in a motorcycle crash. If you are in an accident without a helmet, you run three times the risk of suffering a brain injury compared to someone wearing a full-face helmet.
Let Our Car Crash Experts Help You Recover the Compensation You Deserve
We have 120+ years of combined experience and have recovered millions of dollars in settlements and verdicts for our clients, including a recent $7 million settlement for a motorcycle accident victim. We provide compassion, exceptional service, and great results. All we do is personal injury. Our Virginia personal injury lawyers have the resources and experience to take on large insurance companies and hold negligent drivers accountable even if you were not wearing a helmet when you were injured.
Contact us online or call (757) 333-3333 to schedule your free consultation. We are here to answer your questions and ensure you know your rights at no cost to you.
