Does Virginia Have A Motorcycle Helmet Law?

Understanding Virginia's Motorcycle Helmet Requirements As A Virginia Motorcycle Accident Lawyer

As a motorcyclist in Virginia, it's crucial to understand the state's helmet laws to ensure your safety and compliance on the road. Virginia has specific requirements for wearing helmets while operating a motorcycle. In this blog post, we'll discuss these laws in detail and guide you on what to do if you're involved in a motorcycle accident.

Our team of personal injury attorneys is resourceful, experienced, and knowledgeable regarding your rights. To learn more about how we can help you, call Altizer Law today at 540.345.2000. 

Virginia's Motorcycle Helmet Law

Virginia law mandates that all motorcycle operators and passengers wear helmets while riding. According to Virginia Code § 46.2-910, "Every person operating a motorcycle shall wear a face shield, safety glasses or goggles, or have his motorcycle equipped with safety glass or a windshield at all times while operating the vehicle, and operators and any passengers thereon shall wear protective helmets."

This law applies to all motorcyclists, regardless of age or experience level. Failure to comply with the helmet law can result in fines and other penalties.

Helmet Requirements

Not just any helmet will suffice under Virginia motor vehicle law. The helmet must meet specific safety standards the Virginia Department of Motor Vehicles (DMV) sets. According to the DMV, the helmet must:

• Meet the standards set by the Snell Memorial Foundation or the American National Standards Institute (ANSI)

• Fit snugly and securely on the rider's head

• Have no apparent defects, such as cracks or missing padding

Investing in a high-quality, DOT-approved helmet is essential to ensure maximum protection in an accident.

What To Do If You're In A Virginia Motorcycle Accident

Even with proper helmet use, motorcycle accidents can still occur. If you find yourself involved in a crash, there are several steps you should take to protect your health and legal rights:

Seek Medical Attention

Your well-being should be your top priority after an accident. Even if you feel fine, getting checked out by a medical professional is crucial. Some injuries, such as concussions or internal bleeding, may not be immediately apparent. Prompt medical care ensures your health and creates a record of your injuries, which can be valuable evidence in a legal claim.

Report The Accident

Contact law enforcement to report the accident, even if it seems minor. The police will create an official report documenting the details of the crash and any injuries or property damage. This report can be essential in establishing fault and pursuing compensation. Be sure to obtain a copy of the police report for your records.

Gather Evidence

Collect as much evidence as possible at the accident scene if possible. Take photos of the damage to your motorcycle, the other vehicle(s) involved, and any visible injuries. Get the contact and insurance information of the other driver(s) and any witnesses. This evidence can help support your legal claim and ensure a fair settlement.

Contact A Virginia Motorcycle Accident Lawyer

Navigating the legal process after a motorcycle accident can be complex and overwhelming, especially while dealing with injuries and medical treatment. Consulting with an experienced motorcycle accident lawyer in Virginia can help protect your rights and ensure you receive the compensation you deserve. An attorney can handle communication with insurance companies, gather additional evidence, and advocate for your best interests throughout the legal process.

Frequently Asked Questions

1. What Happens If I'm Caught Riding Without A Helmet In Virginia?

You may face fines and other penalties if you ride without a helmet in Virginia. According to Virginia Code § 46.2-910, violating the helmet law is considered a traffic infraction, which can result in a fine of up to $250. Repeated offenses may lead to higher fines and potential license suspension.

2. Can I Still File A Claim If I Wasn't Wearing A Helmet During My Motorcycle Accident?

While not wearing a helmet can impact your legal case, it doesn't necessarily bar you from pursuing compensation. Virginia follows a contributory negligence rule, which means that if you're found even partially at fault for the accident, you may be unable to recover damages. However, an experienced motorcycle accident lawyer in Virginia can help assess your case and determine the best action.

3. What Should I Do If The Other Driver's Insurance Company Contacts Me After A Motorcycle Accident?

Suppose the other driver's insurance company contacts you after an accident. In that case, it's best to consult with a motorcycle attorney in Virginia before providing any statements or agreeing to a settlement. Insurance adjusters often try to minimize payouts and anything you say could be used against you. Your attorney can handle communication with the insurance company and ensure your rights are protected.

4. How Long Do I File A Lawsuit After A Motorcycle Accident In Virginia?

In Virginia, the statute of limitations for personal injury claims, including motorcycle accident cases, is generally two years from the accident date. You have two years to file a lawsuit against the at-fault party. However, consulting with a motorcycle accident lawyer as soon as possible is essential to ensure your claim is filed within the appropriate timeframe.

5. What Compensation Can I Seek After A Motorcycle Accident?

After a motorcycle accident, you may be entitled to various forms of compensation, depending on the specifics of your case. This can include:

• Medical expenses, including future treatment costs

• Lost wages and earning capacity

• Pain and suffering

• Property damage

• Punitive damages (in cases of gross negligence or intentional harm)

A skilled motorcycle accident lawyer in Virginia can help assess your damages and fight for the total compensation you deserve.

Protecting your rights as a motorcyclist in Virginia

As a motorcyclist in Virginia, understanding and following the state's helmet laws is essential for your safety and legal protection. Investing in a DOT-approved helmet and wearing it every time you ride can significantly reduce your risk of serious injury in the event of an accident.

If you are involved in a motorcycle accident, prioritize your health and well-being by seeking medical attention and following the steps to protect your legal rights. Consulting with an experienced Virginia motorcycle accident lawyer can provide invaluable guidance and support throughout the legal process, helping you navigate split liability cases and ensuring you receive the compensation you deserve.

By staying informed, taking precautions, and seeking professional help when needed, you can help safeguard your rights and well-being as a motorcyclist in Virginia.

Altizer Law has navigated multiple personal injury claims throughout the years and helped our clients win their settlements. Call our team of experienced and results-driven personal injury lawyers today at 540.345.2000 for your free consultation.