Virginia motorcycle helmet laws protect operators and passengers from suffering more severe injuries in crashes. These laws are effective in encouraging more motorcyclists to wear helmets.
If you were hurt in a Virginia motorcycle crash and have questions about how your helmet use might affect your case outcome, a Virginia motorcycle accident lawyer can help. We provide a FREE case review so you can learn about your legal options and pursue compensation without paying any upfront costs or fees.
What do I Need to Know About Virginia’s Motorcycle Helmet Laws?
Under Virginia Code § 46.2-910, all motorcycle operators and their passengers must wear an approved motorcycle helmet. The allowable standards are set by one of the following agencies:
- The Snell Memorial Foundation
- The American National Standards Institute, Inc.
- The U.S. Department of Transportation (DOT)
This Virginia motorcycle helmet laws also requires motorcyclists to wear a face shield, safety glasses or goggles, or have a bike equipped with a windshield.
According to the Virginia Department of Motor Vehicles (DMV), motorcycle helmets are about 29 percent effective in preventing a fatal motorcycle crash and 67 percent effective in stopping serious brain injuries. Traumatic brain injuries and spinal cord injuries in the neck are major concerns for motorcyclists involved in collisions.
How Effective Are Universal Helmet Laws in Preventing Death and Injury?
Per the National Highway Traffic Safety Administration (NHTSA), states with universal helmet laws have a much higher use of helmets than other states. This includes those with no helmet laws or only partial coverage, such as laws that only require helmet use for younger motorcyclists.
According to a systematic review, states with universal laws have helmet use rates that are 53 percent higher than in other states. These states also had almost a third fewer motorcycle accident deaths and significantly lower rates of fatalities per registered motorcycle and fatalities per mile traveled.
How Will It Affect My Case If I Was Not Wearing a Helmet When I Crashed?
When another motorist causes a Virginia motorcycle crash, they are liable for any injuries that occur. This is true regardless of the motorcyclist’s use of a helmet or other safety gear. Under Virginia motorcycle helmet laws, failure to abide by the state’s helmet law is not negligence.
Still, the at-fault driver’s insurance carrier might try to reduce the value of your case or deny your claim entirely because you did not wear a helmet. If your accident occurred and you violated the Virginia helmet law, you can still recover full compensation for your case. However, this does not mean the insurance company will make settling your claim easy.
Having an experienced motorcycle accident attorney handling your case ensures the insurance adjuster does not try to take advantage of your lack of knowledge of the applicable laws and convince you to settle for less than you deserve.
What Damages Can I Recover If I Suffered Injuries in a Motorcycle Accident?
The recoverable damages in a motorcycle accident case will depend on the expenses and losses you incurred because of the crash. This is true regardless of your helmet use or injuries. You can hold the at-fault driver responsible and recover fair compensation for your present and future accident-related costs.
Your lawyer can help you document your damages and seek the money you need to cover them. This could include:
- Current and future treatment and care for accident-related injuries
- Future or ongoing care and support
- Income lost when you missed work due to injuries and treatment
- Diminished ability to work and earn a living
- Property damages to your motorcycle and other personal property
- Other documented expenses and losses
- “Pain and suffering” and inconvenience
Wrongful Death in a Virginia Motorcycle Accident
When a motorcyclist dies from their Virginia crash injuries, their personal representative—as assigned by their will or the state—can file a lawsuit on behalf of the immediate family of the accident victim. A wrongful death attorney can help them pursue fair compensation for the victim’s spouse and children, grandchildren, or parents.
The recoverable damages in these cases could include:
- Loss of income
- Loss of services
- Loss of comfort, guidance, and companionship
- Loss of protection, care, and assistance
- Medical bills stemming from the accident
- Reasonable funeral and burial or cremation expenses
How Can a Lawyer Help Me Navigate a Motorcycle Accident Injury Case?
Hiring a knowledgeable and experienced Virginia personal injury lawyer benefits your motorcycle accident case in several ways. First, they know the applicable laws and how they could affect your payout. They will not allow the insurance company to take advantage of you with a lowball settlement offer.
In addition, they will handle all aspects of your case. They can handle your case from start to finish, including all communication with the insurance adjuster and others involved. They will advocate for your best interests and give you peace of mind to focus fully on healing and rehabilitation.
Your attorney also initiates an investigation into your crash as soon as you sign the fee agreement for them to represent you. This allows them to preserve time-sensitive evidence, such as eyewitness statements and video of the crash, when available.
If necessary, they can prepare and file a lawsuit on your behalf. Generally, you have up to two years to sue under Va. Code § 8.01-243. Your motorcycle accident lawyer will ensure you meet this and all other deadlines.
Discuss Your Next Steps With Our Motorcycle Accident Team Today
The Parrish Law Firm, PLLC, provides a FREE claim review for motorcycle collision victims in Virginia. Our motorcycle accident lawyers know how to deal with the insurance companies and fight for the compensation our clients deserve. Learn more during your FREE claim review.
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