Motorcycles are a common sight when the weather is nice in Virginia Beach. What could be better than enjoying the sun and salty ocean air without the hindrance of a car’s walls? Despite the fun and exhilaration that comes with being on a motorbike, it is important to keep in mind that they are also inherently risky and dangerous because they do not have walls.
As a result, varying states have laws requiring equipment that can save someone’s life. Virginia is one such state that requires wearing protection on your head while riding. If you or a loved one got into a crash and want to know how Virginia Beach motorcycle helmet laws may impact your possible compensation, you should consult with the knowledgeable motorcycle crash attorneys at the Law Firm of Carlton Bennett.
State law mandates that all motorcycle operators and passengers wear protective helmets that meet specific safety standards. They must have a DOT, ANSI, or SNELL certification label and a manufacturer label displaying the size, manufacture date, warnings, instructions, and manufacturer’s name. People must also wear safety goggles, glasses, or a face shield. Neglecting to comply with these rules can result in fines and additional penalties.
While local law is strict, certain exemptions exist. For example, riders in parades or organized events may be exempt under specific conditions. In addition, operators of motorcycles with wheels that are eight inches in diameter or smaller or of three-wheeled bikes with an enclosed cab may not be required to wear them. A skilled Virginia Beach attorney could review the intricacies of your case to determine if you were compliant with the motorbike headgear law or fell under an exception.
Regardless of whether or not your head was protected, you can still file a claim if you got into a wreck due to another person’s negligence. The law clarifies that it shall not constitute negligence per se in any civil proceeding if someone fails to wear defensive gear, which is significant because Virginia is a contributory negligence state. Under this model, if you are even 1% responsible for what happened, you cannot recover compensation.
When a person pursues a claim with an insurance company, they often do not know what to expect. However, insurers are rarely on the plaintiff’s side, and they often try to intimidate people into accepting tiny settlements because they want the lowest and quickest payments possible.
In terms of compensation, a person has the right to seek damages. Economic damages can be things like the cost of rehabilitation expenses, lost wages, and medical bills. In comparison, non-economic damages could be concepts like pain and suffering, funeral costs, or emotional trauma. Our Virginia Beach attorneys will be able to correctly assess the maximum damages you can seek in your case while considering your observation of safety headgear.
One of the best things you can do after a motorcycle collision is contact a practiced lawyer. Virginia Beach motorcycle helmet laws protect you and allow you to have legal recompense if you are injured while riding. Regardless of whether or not you followed those rules, you still can file a lawsuit if the other party was reckless or negligent. With the legal advice of our team at the Law Firm of Carlton Bennett, you can maximize the compensation that you receive. Schedule a consultation with our firm as soon as you can to make your road to recovery a smooth one.