Motorcycle riding can be a dangerous mode of transportation. In some ways, motorcycle helmets aim to reduce the risk of damage to the head and face if an accident happens. If you are a rider, it is your responsibility to know what the West Virginia helmet laws are and what you need to do to remain safe.
Here is a closer look at helmet laws in Charleston, WV, and what you can expect to happen, as explained by our Charleston motorcycle accident attorney at Salango Law.
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Who Must Wear a Helmet on a Motorcycle in West Virginia?
West Virginia follows a universal helmet law. That means that all motorcycle riders and any passengers must wear a licensed helmet. If you do not do so, you can face fines and points added to your license, and in some situations, you may even lose your license.
To meet these laws, the helmet must meet the Federal Motor Vehicle Safety Standard 218 (FMVSS 218). This ensures the motorcycle helmet was specifically designed to handle the impact of a motorcycle rider. The helmet you wear must have labels on it that show that it was tested and meets standards, such as one from the American National Standards Institute. The motorcycle helmet must fit properly, and no part of the helmet can be damaged or defective.
What Happens If You Are in an Accident and the Rider Does Not Have a Helmet?
Motorcycle riders who fail to wear a helmet are breaking the law. However, that does not mean the other party that caused the accident is not responsible. If you are in an accident as a motorcycle rider and did not have a helmet on, you may still pursue financial compensation against the at-fault party.
However, in situations where you have head injuries, the court may rule that you are not entitled to the full amount of loss you had because you were lacking proper protective gear that could have reduced the risk of a serious injury and loss.
If you are stopped at a light while on a motorcycle without a helmet, and a person strikes you from behind, that person is still responsible for your injuries. However, if you fell off the bike and struck your head, the court may believe you hold some fault in the damages you have. They will assign a percentage of fault to you, such as 20%. The amount owed to you in a claim is reduced based on that percentage.
How an Attorney Can Help After a Motorcycle Accident
When you are in an accident as a motorcycle rider, having a Charleston brain injury lawyer to help you can prove to be critical. Your attorney will help you demonstrate that a lack of a helmet did not cause your accident or worsen the outcome. By using evidence and numerous experts, it may be possible to show that you are still owed compensation for your losses. Your attorney will work to reduce that percentage as low as possible.
If you were hurt in a motorcycle accident, our lawyers can help you. Contact Salango Law now to discuss your case in a free consultation. If you are unsure what helmet laws are in Charleston, WV, it is time to speak to the local DMV about your situation. Contact our legal team to get answers to all of your questions.