WANT A FREE BIKE? ENTER TODAY FOR YOUR CHANCE TO WIN. ENTER HERE

I Was Injured in a Virginia Motorcycle Accident, but I Wasn’t Wearing a Helmet. Can I Still Recover Damages From the Other Driver?

Aug 17, 2021 | Other

It’s still possible, though not a guarantee, that you obtain damages after a motorcycle accident despite not having worn a helmet. Even though Virginia is one of the few states with a universal helmet law, which means that emergency responders could ticket helmetless riders in an accident, compensation might still be available. That’s because a separate law applies to helmet non-use in civil cases. 

 

Helmet or no helmet, a Richmond personal injury lawyer must prove negligence if the victim is to obtain compensation. This compensation usually includes money for economic losses like medical bills and non-economic losses like pain and suffering. 

 

Motorcycle Wreck Injuries

Crash helmets significantly reduce motorcycle accident-related head injuries. But helmets don’t eliminate these injuries altogether. In fact, some of the most serious motorcycle wreck wounds affect other parts of the body.

 

Broken bones and excessive blood loss are common in motorcycle wrecks. So is internal bleeding from punctured organs as well as organ failure as a result of physical trauma. 

 

How a Lack of Helmet May Affect a Civil Claim

 

Legally and practically, motorcycle helmets are a lot like seat belts. Virginia law requires operators to use both devices. Furthermore, both devices significantly reduce the risk of injury. However, none of these things matter in a civil claim. 

 

According to Va. St. § 46.2-1094, “Failure to wear a seat belt is not admissible as evidence of negligence, mitigation of damages, and no counsel is allowed to comment on the use or non-use of a seat belt at trial.”

 

Note that this law also prohibits insurance company lawyers from even mentioning the seat belt issue. In most other states, the insurance company can at least bring up seat belt non-use, and jurors may assign whatever weight they want to this failure.

 

By extension, failure to wear a motorcycle helmet is irrelevant as well. It’s also a forbidden topic. Usually, a Richmond personal injury lawyer makes a pretrial motion to exclude such evidence from the trial. Given the law’s very clear wording, most judges grant these motions.

 

A Claim’s Settlement Value

 

To determine a claim’s settlement value, attorneys generally consider the facts of the case, the injuries sustained, and the probability of winning the case at trial. In most motorcycle wreck claims, the injuries are very severe and the chances of winning at trial are very high, assuming the other driver was negligent.

 

Some civil matters settle almost immediately. Most, however, must go through the legal process. Insurance company lawyers have years of experience when it comes to dragging out the claims process.

 

Other factors sometimes affect the settlement value. For example, some victims want to resolve these claims as quickly as possible so they can move on with their lives. So, attorneys usually reduce their financial demands in these situations.

 

Lack of a motorcycle helmet usually does not affect your injury claim. For a free consultation with an experienced personal injury attorney in Richmond, contact Geoff McDonald & Associates, P.C. You have a limited amount of time to act.

Geoff McDonald and Associates: 866-369-9051.

FREE CONSULTATION

No Fees Unless We Win





    Can You Sue for More Than a Defendant’s Policy Limits in Virginia?

    Yes, you may seek more compensation from the liable party than their insurance policy permits. That would require suing the person directly for additional damages. These situations are not wholly uncommon.    Virginia has one of the lowest auto insurance minimum...

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald