The National Highway Traffic Safety Administration estimates over the last 15 years, more than 25,000 lives have been saved by wearing motorcycle helmets. At Wind Law, LLC our Richmondmotorcycle accident attorney believes the Commonwealth of Virginia has helped contribute to some of the lives saved, as our state has had a universal helmet law since 1970.
Our universal helmet law requires all motorcycle drivers and passengers to wear helmets that must meet or exceed the specifications of the Snell Memorial Foundation, the American National Standards Institute, or the U.S. Department of Transportation and must meet the Federal Motor Vehicle Safety Standard #218. In addition, if a motorcycle does not have a windshield, the rider must wear eye protection such as goggles, safety glasses, or a face shield.
What Happens If Virginia Riders Do Not Wear Motorcycle Helmets?
While our motorcycle accident lawyer in Virginia does not handle criminal cases, we know it is a Class 4 misdemeanor not to wear a motorcycle helmet, meaning the rider could be fined up to $250.
The National Safety Council Injury Facts reported that motorcycle helmets are 37% effective in preventing fatal injuries to motorcyclists and 41% effective for motorcycle passengers.
If you were not wearing a helmet at the time of a collision, the chances of suffering catastrophic injuries increase dramatically. While the negligent driver’s insurance company cannot use the rider’s not wearing the helmet as an “out” for paying for their damages, it could be used to argue that the rider assumed the risk. This could result in damages being reduced or even eliminated entirely.
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