A car runs a red light. You lay your bike down to avoid impact. You hit the pavement hard and hear the metal scrape behind you. You’re alive, but just barely. Now, you’re facing questions about your injuries, your helmet (or lack thereof), and whether you still have a legal claim.
You’re in the right place if you’re looking for a straight answer on how Virginia’s motorcycle helmet law works and how it might affect your personal injury case.
Below, we explain what the law requires, how helmet use can factor into your claim, and what matters if you’re seeking compensation after a motorcycle crash in Virginia.
Do You Have to Wear a Helmet on a Motorcycle in Virginia?
Yes, Virginia motorcycle helmet law requires most riders to wear helmets. Under Va. Code § 46.2-910, motorcycle operators and passengers must wear helmets that meet federal safety standards unless certain limited exceptions apply. In addition to wearing a helmet, the law also requires riders to use either:
- A face shield,
- Safety glasses or goggles, or
- A bike equipped with a safety glass or windshield.
Wearing an open-face helmet with no face shield or safety glasses may also violate the law if your motorcycle is not equipped with a windshield. The helmet itself must meet standards approved by the Federal Department of Transportation (DOT), Snell Memorial Foundation, or American National Standards Institute (ANSI). You can confirm DOT compliance by checking the label inside the helmet and the DOT sticker on the back.
The bottom line is that you must wear a helmet that meets safety standards when operating or riding a motorcycle on a public road in Virginia. These laws are all traffic laws, which means you can be convicted of a Class 4 misdemeanor violating them. However, violating these rules might also affect your ability to recover in a civil lawsuit for personal injury damages, as discussed further below.
Does Virginia Have a Helmet Law for All Motorcyclists?
Yes, but with a few narrow exceptions. The law does not apply to riders:
- Participating in a parade authorized by the DMV at speeds less than 15 mph and with a police escort; or
- Operating a motorcycle with wheels 8 inches or less or in three-wheeled motorcycles or autocycles with non-removable roofs, windshields and enclosed cabs.
Helmets are required for everyone else, regardless of age, license status, or how long you’ve been riding.
How Helmet Use Impacts Your Personal Injury Claim
If you were hurt in a motorcycle crash in Virginia, wearing a helmet or not can influence your case. However, the law on this issue is not black and white, and whether the helmet laws can be used against you in your personal injury case may come down to how well your attorney argues your case.
Virginia follows a “contributory negligence” rule, meaning if you’re even 1% at fault, you can be barred from recovering damages. A similar, but distinguishable, rule is assumption of the risk. The essence of assumption of the risk is venturousness in voluntarily incurring a risk the nature and extent of which are fully appreciated. Ordinarily, both contributory negligence and assumption of the risk are issues for the jury to decide based on the specific facts and circumstances in your case.
Not wearing a helmet might be seen as “contributing” to your injuries if your head injuries could have been prevented or lessened by a helmet. If you suffered leg fractures or internal injuries that had nothing to do with helmet use, the helmet issue is not legally relevant to those specific damages. A rider might also be seen as assuming the risk of a head injury from not wearing a helmet. If you were in violation of the helmet laws, the defense may argue that you were negligent and therefore cannot recover. A good attorney can help minimize or avoid the risk of this harsh result.
Generally, issues of negligence are for the jury to decide, and it is irrelevant and inadmissible if you were charged with, or even found guilty of, a traffic offense. However, in certain circumstances, Virginia law provides that violation of a traffic law can amount to something called negligence per se, which means your violation of a traffic law alone makes you automatically negligent in your personal injury case, thereby preventing you from recovering anything.
Virginia Code 46.2-910 states that failure to wear a face shield, safety glasses or goggles, or a helmet shall not constitute negligence per se in any civil proceeding. That’s good right? Well yes, but that just means you can’t be found automatically negligent for violating the helmet laws. The defense may still be able to argue that you were negligent or that you assumed the risk of injury for failing to wear a helmet.
What’s the difference? Even if the defense cannot say that your violation of a helmet law makes you automatically negligent, they may still be able to argue to the jury that your failure to wear a helmet (without mentioning there is a statute requiring you to wear a helmet) was negligent. The difference may seem slight, and it is. That is why an attorney knowledgeable about these issues may make the difference in your case.
Factors Affecting Your Claim After a Crash
Motorcycle accident claims can be surprisingly complicated, often in ways you wouldn’t expect at first. A few important things can affect whether you’re able to get the compensation you deserve:
- Helmet usage at the time of the crash. If head trauma occurred, this may be a key factor in your case evaluation.
- Type of injuries sustained. Injuries related to helmet use are distinct from spinal, abdominal, or lower body trauma.
- Other drivers’ behavior. Was the other motorist texting, speeding, or otherwise negligent?
- Whether you followed all traffic rules. Insurers will look to see if you complied with regulations regarding signaling, speed limits, and having a valid motorcycle endorsement.
- Available evidence. Helmet damage, dash cam footage, witness statements, and police reports all matter.
Each of these factors can either strengthen or complicate your case. Working with an attorney with actual trial experience, not just settlement skills, is essential for a successful claim.
Does Wearing a Helmet Affect Insurance Coverage?
Failing to wear an appropriate helmet should not affect insurance coverage, but it could affect settlement negotiations with the insurance companies. Insurers often leverage your helmet use as a point of contention during negotiations. They’ll argue you share the blame, even when the accident wasn’t your fault. This can delay or reduce your settlement.
Don’t let a technicality weaken your claim. A good lawyer can argue against these tactics and, if needed, take your case to court.
Penalties for Not Wearing a Helmet
Failing to wear a helmet when required is a traffic infraction. Although not a criminal offense, it can still lead to consequences, like:
- A traffic ticket and court costs,
- A fine, often around $25–$100, depending on your county, and
- Potential negative impact on your civil claim if you’re later injured.
You won’t lose your license, but it could cost you in court later when trying to recover financially after a crash.
What If I Wasn’t Wearing a Helmet? Do I Still Have a Case?
Yes, but it depends on many factors and whether your injuries are connected to helmet use. If you weren’t wearing a helmet and suffered a head injury, the defense may argue that you contributed to your harm. That doesn’t mean your claim is lost, it just means there may be added challenges.
If your injuries don’t involve your head, like broken bones or internal trauma, helmet use may be irrelevant. If you wore a helmet or avoided head injuries, your claim is generally stronger.
Insurance companies often try to use helmet laws to reduce or deny claims, especially if you’re unrepresented. But the law doesn’t automatically punish riders who weren’t wearing helmets. Every case depends on its specific facts and how well it is argued.
Merrick Brock’s Defense Experience Is on Your Side
At Merrick Brock, we’re not just motorcycle injury lawyers. We’re former insurance defense attorneys who’ve tried hundreds of cases. We know how insurers think, how they use helmet laws to avoid payouts, and how to push back when they undervalue a claim. When you hire us, you get John Merrick or Les Brock directly—no handoffs, case managers, or gimmicks. We don’t bluff. If trial is what it takes, trial is where we’ll be.
Ready to Talk to a Lawyer Who Rides with You?
If you’ve been hurt in a motorcycle accident in Virginia, whether you were wearing a helmet or not, you need real trial lawyers in your corner. We’ll give you straight answers, honest advice, and a plan forward. No pressure. Just help.
FAQs
Is There a Helmet Law in Virginia for Motorcycle Passengers?
Yes, motorcycle passengers are held to the same standard as operators. They must wear a helmet, face shield, and safety glasses or ride behind a windshield.
Can a Helmet Violation Be Used Against Me in Court?
Potentially. If your head injury could have been prevented by wearing a helmet, the defense may argue you contributed to your injuries or assumed the risk. But the burden is on them to prove it, and skilled counsel can often counter that argument.
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