In Virginia, the laws concerning motorcycle safety are stringent and can significantly impact the outcome of a personal injury claim following an accident. One of the most difficult issues is how a motorcycle rider’s failure to wear a helmet can affect their right to recover compensation for injuries.

Virginia adheres to the doctrine of contributory negligence, which means that if a party is found to be even minimally at fault for their injury or the incident that caused it, they are barred from recovering any compensation from another at-fault party. Even 1 percent of contributory negligence can eliminate a victim's right to compensation.

Not wearing a protective helmet can significantly complicate compensation claims. Virginia Code § 46.2-910 mandates that all motorcycle operators wear a protective helmet. However, the statute states that failure to wear a protective helmet does not constitute negligence per se in any civil action. This means that to raise contributory negligence as a defense, a defendant sued after an accident would have to show that the motorcyclist’s lack of a helmet was a cause of the accident or the injuries that resulted.

The lack of a helmet is usually not a cause for a motorcycle crash. More likely causes include other drivers failing to yield the right of way, tailgating, driving distracted, speeding, changing lanes abruptly and turning left without noticing an oncoming motorcycle. Any action that causes a motorcyclist to lose their balance can result in serious injuries, since riders have no bodily protection.

If it is found that wearing a helmet could have prevented or mitigated a motorcyclist’s injuries, especially trauma to the head and neck, the lack of a helmet may be contributory negligence that bars an award of compensation for those injuries. But injuries not preventable by wearing a helmet, such as those to the torso or limbs, may be compensable if the motorcyclist was blameless for the crash.

Recovering damages requires a diagnosis of the cause of the particular injuries, so as to determine which were caused by the failure to wear a helmet and which were not. This can be a complex process involving medical experts and accident reconstruction specialists.

A skilled motorcycle accident attorney plays a key role in these cases, which includes:

• Gathering and presenting evidence medical records, expert testimonies, and accident reports that support the claim that certain injuries were not preventable by helmet use

• Showing that another driver’s negligence was the cause of the accident and that the motorcyclist bore no percentage of fault

• Negotiating with insurance companies and opposing counsel to reach a settlement that reflects the true extent of compensable injuries

• If a settlement cannot be reached, representing the motorcyclist in court, presenting a compelling case for the recovery of damages

At Pikrallidas & Probasco in Fairfax, we have a deep understanding of Virginia’s traffic and liability laws and stand ready to help injured motorcyclists overcome legal obstacles and obtain the compensation they deserve. Call us at 703-267-2600 or contact us online to schedule a free initial consultation.