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If you are considering riding a motorcycle on local roads, it is critical to understand the West Virginia motorcycle helmet laws. Violating them could increase your risk of serious injury and weaken a claim for compensation after a wreck.
Even when you obey all applicable laws, getting fair compensation after a motorcycle crash can be challenging. Contact Jan Dils Attorneys at Law for help pursuing a motorcycle-related injury claim.
Motorcycle riding is exhilarating but can be dangerous, even if you are extra vigilant. With no protective steel frame surrounding you, an accident can leave you with broken bones, damage to internal organs, spinal cord injuries, and head injuries. They can even be fatal.
Major health research organizations, including the National Institutes of Health (NIH), have studied helmet use and its impact on motorcyclists’ injuries for years. The consensus is that helmet use reduces a rider’s risk of death by approximately 40 percent and risk of severe head injuries by 60-70 percent.
Many riders dislike using helmets, and some complain that wearing one reduces their visual field. We sympathize with these opinions, but as personal injury attorneys, we advise all our clients to wear a helmet while using a motorcycle. No amount of compensation can make up for a fatal accident or serious long-term brain injury.
Some states consider the age and experience of a rider in their rules for motorcycle helmets, but West Virginia does not. Helmet use is mandatory for all motorcycle operators and passengers while the bike is in operation. This requirement is set forth in West Virginia Code § 17C-15-44.
Helmets must be fastened by a chin or neck strap. The law requires the helmet meet the standards set by the American National Standards Institute, the U. S. Department of Transportation, or the Snell Safety Standards for Protective Headgear. Riders are also required to use eye protection like shatter-proof glasses or goggles.
To bring a successful injury claim, you must prove your injuries resulted from the other party’s negligence, which means failing to use an appropriate degree of care to prevent harm. The other party to a lawsuit sometimes offers the counter-argument that your own negligence led to your injuries.
Failing to comply with a safety law is a form of negligence, and the helmet law is a safety law. When both parties to an accident are negligent, a court must allocate fault, and if it finds you are more that 50 percent at fault, you cannot collect compensation from the other responsible parties. Even if you are less than 50 percent responsible, the amount you collect will be reduced by your degree of fault.
If you were not wearing a helmet and have head injuries, it is almost certain that you will be held partially responsible for your injuries. Our West Virginia attorneys could present evidence and arguments to preserve your right to collect damages despite failing to wear a motorcycle helmet. However, you are likely to collect far less than you might have if you had been wearing a helmet.
West Virginia motorcycle helmet laws require you to wear head protection when you are riding. Failing to do so could lead to more serious injuries if you have a wreck and limit your ability to collect compensation.
If you have a serious injury resulting from a motorcycle wreck, contact Jan Dils Attorneys at Law. We are experienced lawyers who can give you a candid evaluation of your case and work to obtain the best result the circumstances allow.
To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Jan Dils, Attorneys at Law
