Cases Tried In:

Accoceek County|City of Alexandria|Anne Arundel County|Arlington County|City of Baltimore|Baltimore County|Carroll County|City of Charlottesville|City of Chesapeake|Chesterfield County|Charles County|Clarke County|Culpeper County|Fairfax County|City of Falls Church|Fauquier County|Frederick County, MD|Frederick County, VA|City of Fredericksburg|Harford County|Henrico County|City of Hopewell|Howard County|Loudoun County|Montgomery County|City of Newport News|City of Norfolk|City of Petersburg|City of Portsmouth|Prince George's County|Prince William County|Queen Anne's County|City of Richmond|Roanoke County|Spotsylvania County|Stafford County|St. Mary's County|City of Suffolk|City of Virginia Beach|Washington County|Wicomico County|City of Williamsburg|City of Winchester|Accoceek County|City of Alexandria|Anne Arundel County|Arlington County|City of Baltimore|Baltimore County|Carroll County|City of Charlottesville|City of Chesapeake|Chesterfield County|Charles County|Clarke County|Culpeper County|Fairfax County|City of Falls Church|Fauquier County|Frederick County, MD|Frederick County, VA|City of Fredericksburg|Harford County|Henrico County|City of Hopewell|Howard County|Loudoun County|Montgomery County|City of Newport News|City of Norfolk|City of Petersburg|City of Portsmouth|Prince George's County|Prince William County|Queen Anne's County|City of Richmond|Roanoke County|Spotsylvania County|Stafford County|St. Mary's County|City of Suffolk|City of Virginia Beach|Washington County|Wicomico County|City of Williamsburg|City of Winchester|Accoceek County|City of Alexandria|Anne Arundel County|Arlington County|City of Baltimore|Baltimore County|Carroll County|City of Charlottesville|City of Chesapeake|Chesterfield County|Charles County|Clarke County|Culpeper County|Fairfax County|City of Falls Church|Fauquier County|Frederick County, MD|Frederick County, VA|City of Fredericksburg|Harford County|Henrico County|City of Hopewell|Howard County|Loudoun County|Montgomery County|City of Newport News|City of Norfolk|City of Petersburg|City of Portsmouth|Prince George's County|Prince William County|Queen Anne's County|City of Richmond|Roanoke County|Spotsylvania County|Stafford County|St. Mary's County|City of Suffolk|City of Virginia Beach|Washington County|Wicomico County|City of Williamsburg|City of Winchester|Accoceek County|City of Alexandria|Anne Arundel County|Arlington County|City of Baltimore|Baltimore County|Carroll County|City of Charlottesville|City of Chesapeake|Chesterfield County|Charles County|Clarke County|Culpeper County|Fairfax County|City of Falls Church|Fauquier County|Frederick County, MD|Frederick County, VA|City of Fredericksburg|Harford County|Henrico County|City of Hopewell|Howard County|Loudoun County|Montgomery County|City of Newport News|City of Norfolk|City of Petersburg|City of Portsmouth|Prince George's County|Prince William County|Queen Anne's County|City of Richmond|Roanoke County|Spotsylvania County|Stafford County|St. Mary's County|City of Suffolk|City of Virginia Beach|Washington County|Wicomico County|City of Williamsburg|City of Winchester|Accoceek County|City of Alexandria|Anne Arundel County|Arlington County|City of Baltimore|Baltimore County|Carroll County|City of Charlottesville|City of Chesapeake|Chesterfield County|Charles County|Clarke County|Culpeper County|Fairfax County|City of Falls Church|Fauquier County|Frederick County, MD|Frederick County, VA|City of Fredericksburg|Harford County|Henrico County|City of Hopewell|Howard County|Loudoun County|Montgomery County|City of Newport News|City of Norfolk|City of Petersburg|City of Portsmouth|Prince George's County|Prince William County|Queen Anne's County|City of Richmond|Roanoke County|Spotsylvania County|Stafford County|St. Mary's County|City of Suffolk|City of Virginia Beach|Washington County|Wicomico County|City of Williamsburg|City of Winchester|Accoceek County|City of Alexandria|Anne Arundel County|Arlington County|City of Baltimore|Baltimore County|Carroll County|City of Charlottesville|City of Chesapeake|Chesterfield County|Charles County|Clarke County|Culpeper County|Fairfax County|City of Falls Church|Fauquier County|Frederick County, MD|Frederick County, VA|City of Fredericksburg|Harford County|Henrico County|City of Hopewell|Howard County|Loudoun County|Montgomery County|City of Newport News|City of Norfolk|City of Petersburg|City of Portsmouth|Prince George's County|Prince William County|Queen Anne's County|City of Richmond|Roanoke County|Spotsylvania County|Stafford County|St. Mary's County|City of Suffolk|City of Virginia Beach|Washington County|Wicomico County|City of Williamsburg|City of Winchester|Accoceek County|City of Alexandria|Anne Arundel County|Arlington County|City of Baltimore|Baltimore County|Carroll County|City of Charlottesville|City of Chesapeake|Chesterfield County|Charles County|Clarke County|Culpeper County|Fairfax County|City of Falls Church|Fauquier County|Frederick County, MD|Frederick County, VA|City of Fredericksburg|Harford County|Henrico County|City of Hopewell|Howard County|Loudoun County|Montgomery County|City of Newport News|City of Norfolk|City of Petersburg|City of Portsmouth|Prince George's County|Prince William County|Queen Anne's County|City of Richmond|Roanoke County|Spotsylvania County|Stafford County|St. Mary's County|City of Suffolk|City of Virginia Beach|Washington County|Wicomico County|City of Williamsburg|City of Winchester|

Maryland 301-565-1655 Virginia 703-576-5005

Free Consultations
Maryland 301-565-1655 | Virginia 703-576-5005

En Español

Recovering Damages After a Motorcycle Accident without a Helmet

 Posted on September 15, 2025 in Motorcycle Accidents

Fairfax County, VA motorcycle accident attorneyMotorcycles offer freedom and excitement on Virginia’s highways. Unfortunately, they also leave riders more exposed to serious injuries. Sometimes, wearing a helmet can mean the difference between minor injuries and catastrophic harm. 

Virginia has one of the nation’s strictest motorcycle helmet laws. Failing to follow it can affect both your health and your ability to pursue compensation after a crash. If you were injured in a motorcycle accident, speak with a Centreville, VA motorbike accident lawyer to learn how the law may apply in your case.

What Happens to Motorcycle Riders Hurt in Accidents Who Were Not Wearing a Helmet?

In Virginia, anyone riding a motorcycle is legally required to wear a DOT-approved helmet, under Virginia Code § 46.2-910. Not wearing a helmet can make an injury claim harder, but it does not automatically stop you from recovering damages. The key question is whether your injuries would have been less severe if you had been wearing a helmet. Insurance companies often argue that failure to wear protective gear contributed to the extent of your injuries.

For example, if a rider suffers a brain injury, the defense may argue it would not have happened, or would have been less serious, had they been wearing a helmet. In these cases, courts look closely at medical evidence and expert testimony.

How Does Contributory Negligence Affect Motorcycle Accident Cases?

Virginia is one of the few states that follows the rule of contributory negligence. This strict standard means that if you are even one percent at fault for your injuries, you may be barred from recovering damages entirely.

For motorcycle accident cases, failing to wear a helmet can give the defense an opening to argue contributory negligence. They may claim that your decisions contributed to your injuries, even if another driver caused the crash. This is why having an attorney who understands both the law and the medical issues involved is critical.

What Compensation Can Motorcycle Accident Victims Recover?

When negligence by another driver causes a motorcycle crash, victims may be entitled to compensation for:

  • Medical bills and ongoing rehabilitation

  • Lost wages and loss of earning capacity

  • Pain and suffering

  • Permanent disability or disfigurement

In wrongful death cases, families may seek damages for funeral costs, lost income, and companionship. But if you are found even partly at fault for the crash or your injuries, Virginia’s contributory negligence rule could block recovery. A lawyer can gather evidence, work with experts, and challenge efforts to limit your claim.

Schedule a Free Consultation with a Centreville, VA Motorbike Accident Lawyer

If you were injured in a motorcycle crash, do not assume you have no case just because you were not wearing a helmet. Every accident is different, and the details of your case could allow for recovery. Contact Whitlock Law at 703-576-5005 for a free consultation. Our Fairfax County, VA personal injury attorney is a tenacious advocate who stands for what is right, not what is easy. We will fight for the full compensation you deserve.

Share this post:
Back to Top