When you hear that a cyclist or motorcycle rider wasn’t wearing a helmet and was injured or killed in an accident, you might think it could never happen to you. Bad things happen to other people, and besides, you’re always careful. But bad things can happen to any of us, and being careful never guarantees others on the road are taking the same precautions.
This time, the bad thing has happened to you; you were in an accident while not wearing a helmet. As with most things, everyone has an opinion. Non-lawyers are piping in, saying you do or don’t have a case – perhaps not wearing a helmet means you are at fault and you don’t have a claim. In West Virginia, that is not the case. Under West Virginia law, you can still pursue a personal injury claim, even if you didn’t have a helmet on.
What is unclear is how much compensation you receive. This generally depends on your specific injuries, how the crash happened, and how much fault is assigned to each party. A Manchin Ferretti Injury Law attorney can explain all the factors applicable in your case and advise on next steps. But first, we will give you a brief overview of how these cases work in West Virginia.
West Virginia Law Says About Helmet Use
Becoming familiar with West Virginia’s helmet laws will help you understand what recovering damages can look like in your case. These laws play a key role in how injury claims are evaluated after a crash. There are different laws for cyclists and motorcycle riders, and cases for each type of injured party will look different.
Motorcycle Helmet Laws in West Virginia
West Virginia requires all motorcycle riders and passengers to wear a helmet. The law applies to everyone, no matter your age or experience. If you weren’t wearing one at the time of the crash, the other side may argue that your injuries could have been less severe with a helmet. While that may be true, that doesn’t mean your case is over.
Bicycle Helmet Laws in West Virginia
There is no statewide law in West Virginia that requires adults to wear helmets while riding bicycles. The law does require anyone under the age of 15 to wear a helmet while riding a bicycle as a driver or passenger. That means if you were on a bike and got injured without a helmet, it may not be legally relevant unless a local ordinance says otherwise. Your attorney can tell you if and how any local rules or regulations are applicable in your case.
What Laws Entitle Me to File a Personal Injury Claim if I Wasn’t Wearing a Helmet?
In West Virginia, a certain type of law is used in personal injury cases, including those where a cyclist or motorcycle rider wasn’t wearing a helmet. These laws are called comparative fault laws. If you’ve been dealing with your own or the other driver’s insurance company, they probably haven’t mentioned this. Insurance companies don’t want you to know that not wearing a helmet doesn’t automatically cancel your right to seek justice.
How Comparative Fault Works in West Virginia
West Virginia follows a comparative fault, also called a modified comparative negligence system. This means that you can still recover compensation if you are less than 50% at fault for the accident and not wearing a helmet, regardless of whether you were violating the law or not.
If the court finds that not wearing a helmet contributed to the severity of your injuries, your award may be reduced, but that doesn’t mean eliminated, and you can and should still file a claim.
What Happens When You File a Claim Without Wearing a Helmet?
Not wearing a helmet won’t automatically bar your claim. However, it can also become a defense strategy employed by insurance companies or the opposing party.
You can expect insurance companies and the opposing party to argue that:
- You contributed to your injuries
- A helmet would have reduced the severity of a head injury
- They shouldn’t have to pay the full cost of medical care
- You violated West Virginia law (if applicable)
One way your qualified personal injury attorney will address these arguments is by bringing in evidence. This can include videos of the accident, medical records, and medical experts. Experts can opine on whether a helmet would have reduced your injuries.
What To Do After an Accident Without a Helmet
If you’ve been involved in a crash and weren’t wearing a helmet, taking the proper steps early can make a significant difference in your claim. To set yourself up for a successful claim:
Get medical attention immediately
Even if you feel fine, head injuries can worsen over time and may not show symptoms right away.
Document everything
Take photos of the scene, keep all relevant medical records, and document what happened. Eyewitness accounts are especially valuable.
Be careful what you say to insurance companies
Don’t admit fault or apologize. Insurers often look for ways to reduce or deny claims. Once you have retained an attorney, insurance companies can no longer directly contact you; every communication will go through your attorney. This can help make sure you’re doing and saying the right things to protect the case.
Speak with an experienced West Virginia injury attorney
A lawyer can assess your case, explain how helmet use may affect compensation, and protect your rights throughout the process.
How Long do I have to File a Personal Injury Claim?
In West Virginia, you have 2 years from the date of injury to file a personal injury claim. Meeting this deadline is important; if you fail to do so, you can lose your right to file a claim and recover any damages you would have previously been entitled to.
If You Weren’t Wearing a Helmet, but Were Injured in an Accident, a Qualified Personal Injury Attorney Can help
Not wearing a helmet might complicate your case, but it doesn’t erase your rights. Don’t let anyone tell you that if you weren’t wearing a helmet, you aren’t entitled to any compensation. Whether you’re recovering from a head injury, facing pressure from an insurance adjuster, or simply unsure about your legal options, don’t make assumptions based on fear or misinformation.
At Manchin Ferretti Injury Law, we take the time to understand your situation without judgment, without pressure. If you were injured in a crash and have questions about your next steps, we invite you to schedule a free consultation. We’re here to help.