Virginia’s helmet laws help prevent severe injuries and fatalities by reducing the risk of head trauma in motorcycle crashes. Also, wearing a DOT-approved helmet can protect you legally, as insurance companies and courts consider helmet use when determining compensation.
A motorcycle accident lawyer in Virginia can help if you’ve been injured (whether you wore a helmet or not) by proving that another driver’s negligence caused the crash. This article will cover Virginia’s helmet laws, how they impact accident claims, and how Tronfeld West & Durrett can protect your rights and secure the compensation you deserve.
Are Motorcycle Helmets Required in Virginia? Understanding State Law
Virginia has strict helmet laws to enhance safety. Under Virginia Code § 46.2-910, motorcyclists and their passengers must wear helmets that meet safety standards.
This law applies to all motorcycles, with exceptions for certain three-wheeled motorcycles and autocycles equipped with nonremovable roofs, windshields, and enclosed bodies.
Regardless of the cause of a motorcycle accident, failing to wear a helmet increases the likelihood of catastrophic injuries and can also have legal consequences. A motorcycle accident lawyer from our team can explain how helmet laws affect your case and help you seek fair compensation.
For answers to your questions, call:
800-321-6741
Legal Requirements for Motorcycle Riders and Passengers
Virginia requires helmets to meet DOT, Snell, or ANSI safety standards. These certifications ensure helmets provide sufficient impact protection, reducing the risk of traumatic brain injuries.
In addition to helmets, eye protection is mandatory unless the motorcycle has a windshield. Face shields and protective goggles can prevent debris from impairing vision and causing further accidents.
Some vehicles are exempt from Virginia’s helmet law, including low-speed mopeds and enclosed motorcycles with built-in protective structures. However, even in these cases, wearing a helmet is still highly recommended for safety.
Violating this law is a Class 4 misdemeanor, resulting in fines of up to $250. More importantly, not wearing a helmet increases injury severity, which insurance companies may use to dispute or reduce compensation in an accident claim.
The Importance of Wearing a Helmet in Virginia
According to the National Highway Traffic Safety Administration (NHTSA), helmet use among motorcyclists was 73.8% in 2023, with DOT-compliant helmets significantly reducing the risk of head trauma. Wearing a helmet is one of the most effective ways to prevent severe injuries in a motorcycle accident.
Insurance companies often scrutinize helmet use in accident claims. If a rider wasn’t wearing a helmet, insurers may attempt to reduce or deny compensation, arguing that the victim contributed to their own injuries. The same applies if your claim goes to court, potentially reducing your compensation.
This is because Virginia follows a contributory negligence rule, which means you may be unable to recover damages if you’re found even slightly at fault for your injuries. A motorcycle accident lawyer from our team can help counter these arguments and fight for the full compensation you deserve.
Click to contact us today
What Happens If You Are in a Motorcycle Accident Without a Helmet?
If you’re in a motorcycle accident without a helmet, you risk more severe head injuries, which can impact medical costs and recovery. Virginia law doesn’t consider helmet use as negligence per se, meaning you can still pursue legal action.
However, insurance companies and opposing parties may argue that not wearing a helmet contributed to your injuries, potentially reducing your compensation.
Can You Still File a Personal Injury Claim?
Yes, you can file a personal injury claim even if you weren’t wearing a helmet. Helmet use alone doesn’t automatically disqualify a claim—it depends on the circumstances of the accident and the specific injuries sustained.
Insurance and Liability Issues After a Crash
Insurance companies often use helmet laws to minimize payouts. However, this doesn’t apply in cases where a helmet wouldn’t have made a difference in the severity of the injuries.
For example, while helmet use doesn’t affect claims for leg, arm, or torso injuries, it may impact head and neck injury claims if the defense argues a helmet would’ve lessened the severity of those injuries.
Complete a Free Case Evaluation form now
How a Motorcycle Accident Lawyer Can Help Protect Your Rights
At Tronfeld West & Durrett, we fight to protect injured motorcyclists from unfair blame and insurance tactics that reduce compensation. Our team uses strategic legal approaches to strengthen your case, including:
- Challenging contributory negligence claims by proving the other driver’s reckless or distracted behavior caused the crash.
- Using medical and expert testimony to show that helmet use wouldn’t have prevented your injuries.
- Gathering police reports and witness statements to establish clear fault beyond helmet use.
- Negotiating aggressively with insurers to secure full compensation for medical costs, lost wages, and pain and suffering.
During a free consultation, we can assess your case, answer your questions, and explain what to expect from the legal process. You’ll walk away with a clear understanding of your legal options and how we can secure maximum compensation on your behalf.
Navigating the Legal Process After a Motorcycle Accident
If you’ve been injured in a motorcycle accident, taking the right steps immediately will help protect your legal rights and strengthen your claim:
- Seek medical attention – Even if injuries seem minor, a medical evaluation is crucial to establish their extent and severity.
- Document the accident scene – If possible, take photos of the crash scene, your injuries, and any damage.
- Obtain police reports – Official reports provide crucial evidence for your case.
- Gather witness information – Statements from bystanders can support your claim and show the other driver’s negligence.
- Consult a motorcycle accident attorney – A lawyer from Tronfeld West & Durrett can guide you through the claims process and protect your rights.
Get Legal Advice on Motorcycle Helmet Laws & Accident Claims in Virginia
If you or a loved one has been involved in a motorcycle accident, our team of motorcycle accident lawyers in Virginia can provide the guidance you need to build a strong case and secure rightful compensation to cover the accident’s costs.
With over 50 years of experience, we know how to handle even the most complex motorcycle accident claims. Contact us today for a free consultation—There are no fees unless we win your case.
Call or text 800-321-6741 or complete a Free Case Evaluation form