Virginia has a universal helmet law, which requires all motorcyclists and passengers to wear adequate headgear. This doesn’t mean, however, that everyone dons a helmet every time they hit the road. If you were hurt in a motorcycle accident and were not wearing a helmet, here’s what you should know about the potential ramifications, especially when building your personal injury claim. 

If You Sustained a Head Injury

If you sustained a head injury, recovering compensation for the associated medical bills, lost wages, and other damages will pose a challenge. Under Virginia’s pure contributory negligence rule, plaintiffs are barred from recovering any compensation whatsoever if they contributed to their losses in some way.

In order to deny your personal injury claim, the defendant will have to prove that your injuries wouldn’t have been as severe had you been wearing a helmet. Depending on the strength of the evidence they present, though, your legal team may be able to challenge the denial using medical records, testimony from accident reconstruction experts, and statements from various specialists. 

If You Did Not Sustain a Head Injury 

If you’re seeking compensation for damages unrelated to a head injury, the fact that you were not wearing a helmet shouldn’t affect the outcome of the claim. If you contributed to the accident—or to the extent of the resulting losses—in some other way, pure contributory negligence will still apply.

Otherwise, however, you’re entitled to pursue funds for all recoverable damages. In Virginia, such damages include healthcare expenses, lost earning capacity, property repairs, emotional distress, and loss of enjoyment in life. 

To discuss your motorcycle accident claim with a seasoned personal injury lawyer, turn to Crandall & Katt, Attorneys at Law. Backed by more than a century of combined legal experience, this Roanoke-based firm has been counseling clients across Virginia since 1979. Their compassionate team has the resources and experience to secure sizable settlements and favorable verdicts for accident victims who sustained catastrophic injuries. To request a free personal injury consultation, reach out online or call (540) 342-2000.