What Are the Motorcycle Helmet Laws in Virginia?

In Virginia, anyone operating or riding a motorcycle must wear a protective helmet. Motorcyclists must also wear a face shield or safety glasses or have safety glasses or a windshield installed on their vehicle. This law is intended to protect motorcyclists from severe injury in the event of an accident.

As you become more confident in operating a motorcycle, you may be tempted to skip the helmet. This is both illegal and dangerous – and it can put you at significant risk of severe and even fatal injuries in the event of a crash.

What Type of Helmet Do I Have to Wear?

Virginia is one of many states that require all motorcyclists to wear protective helmets. In Virginia, these helmets must meet specific standards set forth by the Snell Memorial Foundation, the American National Standards Institute, or the U.S. Department of Transportation. It’s also illegal in Virginia to sell a helmet that doesn’t meet these standards.

Are There Any Exceptions to Virginia’s Helmet Law?

There are a few exceptions to Virginia’s helmet law. The following individuals do not have to wear helmets on a motorcycle:

• Passengers and operators of motorcycles with wheels of eight inches or less in diameter
• Passengers and operators of three-wheeled motorcycles or autocycles with fixed roofs, windshields, and enclosed bodies
• Passengers and operators of motorcycles or autocycles participating in an authorized parade and operating at speeds of 15 miles per hour or less

What Is the Penalty for Not Wearing a Helmet While Riding My Motorcycle?

Not wearing a helmet while riding a motorcycle in Virginia is considered a traffic violation. Receiving a ticket for failure to wear a helmet results in a $25 fine and a $51 processing fee, for a total penalty of $76.

Do Motorcycle Helmets Really Work?

According to the Centers for Disease Control and Prevention (CDC), more than 5,500 motorcyclists died in accidents in a recent year, and over 180,000 had to visit emergency departments for treatment. While the physical and financial costs of an accident can be high even when you wear a helmet, wearing one does reduce the risk of serious injury and death. For example:

• Helmets reduce the risk of head injury by 69 percent.
• The estimated annual cost of failure to wear helmets is around $1.5 billion.
• Helmets saved over 1,800 lives in a recent year.
• Helmets are 37 percent effective at preventing death among motorcycle operators and 41 percent effective for passengers.

Can Motorcyclists Recover Compensation After an Accident?

Injured motorcyclists may be entitled to compensation following a collision. Depending on the nature of your motorcycle accident and the extent of your injuries, a Roanoke motorcycle accident attorney may be able to help you seek money for your:

• Medical bills
• Therapy and rehabilitation
• Lost income
• Pain and suffering
• Reduced quality of life
• Scarring and disfigurement
• Out-of-pocket costs
• Property damage

Your attorney may work with medical experts, accident reconstruction experts, and other specialists to determine the true extent of your losses. They will handle negotiations with the at-fault driver’s insurance company to pursue a fair settlement and may take your case to court if negotiations fail.

The value of your claim depends on the amount of medical expenses you incur, the extent of your injuries, their likely long-term impact on your life, and other factors. Every case is unique. Your attorney will review the facts of the accident to determine an amount representing full and fair compensation for your losses.

Can Not Wearing a Helmet Affect a Personal Injury Claim?

Under Virginia law, failure to wear a helmet is not considered negligence by a motorcyclist, even though it’s against the law. In other words, it can’t affect a motorcyclist’s ability to recover compensation in a personal injury claim.

How Does Contributory Negligence Impact a Motorcycle Accident Case?

Personal injury cases rely on the concept of negligence. That means one person’s failure to fulfill their responsibility to avoid causing accidents results in someone else’s injuries and losses. If someone is negligent, they can be held financially responsible for the physical, economic, and emotional injuries they cause.

In many states, an injured party is entitled to seek compensation even if they were partially at fault for their injuries. However, Virginia follows a contributory negligence rule that bars injured plaintiffs from recovering compensation even if they were as little as 1 percent at fault. This means that if you suffered injuries in a motorcycle accident, you will be unable to recover compensation for your medical bills, lost income, and other losses if you did anything to contribute to the accident – even if the driver who hit you was primarily at fault.

This is one reason why it’s important to have a skilled motorcycle accident lawyer on your side. Your attorney can argue that the other party was entirely at fault and fight against any allegations of negligence on your part to seek the compensation you need.

Contact a Virginia Motorcycle Accident Lawyer

Motorcycle accidents can be life-changing, and many of the injuries that typically result from a catastrophic motorcycle crash can be debilitating and expensive to treat. If you cannot work and face growing medical expenses, the resulting stress may be significant.

That’s why the attorneys at Lichtenstein Law Group PLC are committed to fighting hard for our clients. We understand the challenges you face following a motorcycle accident and will devote our time, energy, and resources to pursuing the compensation you deserve. Contact us today to learn more in a free initial consultation.