Can You Obtain a Settlement After a Virginia Motorcycle Accident With No Helmet?

Written by: Virginia Beach Injury Law

It is well-known that the best safety measure a motorcyclist can take is to wear a protective helmet while they ride their motorcycle. Yet, some motorcyclists are dead-set against wearing a helmet despite knowing that they put themselves at higher risk for severe if not fatal injuries in the event of an accident. Every state in the nation has its own laws as to if a motorcyclist must wear a helmet. In the state of Virginia, universal helmet use is the law. Virginia is one of the 19 states in addition to Washington D.C. that require all drivers and passengers on a motorcycle to be wearing a helmet.

Drivers and passengers on motorcycles have very little protection, and the most reported injuries from motorcycle accidents every year are head injuries. A helmet can significantly reduce the risk of death in a Virginia Beach motorcycle accident. The U. S. General Accounting Office says that wearing a helmet protects riders and passengers from death in an accident by 73%. The GAO also says that wearing a helmet can reduce catastrophic injuries by 85%. If you have been in a Norfolk motorcycle accident and you sustained injuries, regardless of if you wear wearing your helmet at the time of your crash you should still seek the legal counsel of an experienced Virginia Beach motorcycle injury attorney to learn more about your options for obtaining compensation.

Will Helmet Use Affect A Virginia Beach Personal Injury Claim?

The GAO is not alone with its findings on the many benefits of helmet use. The National Highway Traffic Safety Administration has similar reports. According to the NHTSA, helmeted riders reduce their risk of suffering brain injuries by 67%. When a rider is in an accident and they don’t have the protection of a helmet they are at increased risk for traumatic brain injuries. TBI is three times more likely for these riders. Despite the state of Virginia requiring riders to wear a helmet, not wearing a  helmet at the time of a crash does not eliminate a driver or passenger’s legal rights to pursue a Virginia Beach personal injury claim.

In Virginia, if you are responsible for any part of an accident where you were injured, you cannot obtain compensation for your damages. This is because Virginia follows a “pure contributory negligence” system. After an accident, it is imperative that victims have the best, most experienced legal counsel fighting on their behalf. An experienced Hampton personal injury attorney at Virginia Beach Injury Law will understand how to gather all of the evidence necessary to prove you were in no way responsible for your accident. The talented attorneys at Virginia Beach Injury Law will also know how to dispute an insurance company’s attempts at trying to assign you some of the blame so that you become ineligible for compensation.

Speak to a Catastrophic Injury Lawyer in Virginia Beach

Because of the severity of the damages that a motorcyclist has the potential to sustain after a Norfolk traffic accident, it is vitally important that they obtain the most compensation possible for their injuries. Not wearing a helmet is not a viable reason for why an accident happens but it can be the reason that a settlement is lowered. When you work with theVirginia Beach serious injury attorneys at Virginia Beach Injury Law, you can reduce the chances of that happening in your case. Instead, the attorneys with Virginia Beach Injury Law will fight on your behalf for a fair and full settlement. Call Virginia Beach Injury Law today to schedule your free consultation at (757) 802-4662.

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