What should riders know after a motorcycle crash in Virginia?
Riders face the same strict fault rule as drivers, plus extra scrutiny. Virginia requires a helmet, but the law says riding without one is not negligence per se. Get care, keep your gear, and get the crash report.
You're safe now. A motorcycle crash can leave you hurting and worried about how others will see it. This page takes the rules one step at a time.
What do you do first?
- Call 911 and get medical care, even if you feel okay.
- Ask police to make a report.
- Take photos of the bike, the other vehicle, the road, skid marks and your injuries.
- Keep your helmet, jacket, gloves and boots as they are. Do not repair the bike yet.
- Get names and numbers of witnesses.
- Write down what happened while it is fresh.
- Do not guess about fault when you talk to anyone.
See our first 72 hours checklist for the full list.
What does Virginia's helmet law say?
Under § 46.2-910 (opens in a new tab), operators and passengers on a motorcycle or autocycle must wear a protective helmet. The exemptions are:
- motorcycles with wheels of eight inches or less in diameter
- three-wheeled motorcycles or autocycles with a nonremovable roof, windshield and enclosed body
- organized parades authorized by the Department of Transportation or the locality, escorted by police, at no more than 15 miles per hour
Helmets, face shields, glasses, goggles and windshields must meet or exceed the Snell Memorial Foundation, ANSI or federal DOT standards.
Does no helmet ruin a claim?
The statute says failing to wear a required helmet or eye or face protection "shall not constitute negligence per se in any civil proceeding." Negligence per se means a court treats breaking a rule as carelessness in itself.
Ask a lawyer how helmet use could matter in your crash.
Why are riders blamed more often, and what helps?
Virginia's fault rule is strict. Under contributory negligence, a claim can be blocked if your own carelessness helped cause the crash. A few habits help:
- Take photos and video before anything moves.
- Ask for witness details.
- Get the crash report and read it closely.
- Keep your account short and factual with insurers.
- Save the helmet and gear. They show what happened.
Rules at a glance
| Rule | What it says | Source |
|---|---|---|
| Helmet | Operators and passengers must wear one, with listed exemptions | § 46.2-910 (opens in a new tab) |
| Helmet standard | Snell, ANSI or federal DOT | § 46.2-910 (opens in a new tab) |
| No helmet | Not negligence per se in a civil case | § 46.2-910 (opens in a new tab) |
| Filing deadline | General injury limit two years | § 8.01-243 (opens in a new tab) |
Whose insurance pays?
If the other driver was insured, their insurer may be involved. If they had no insurance or too little, your own uninsured or underinsured motorist coverage may apply. Read about UM and UIM. Check what your policy says.
What should you keep?
- The crash report
- Photos and video
- Medical records and bills
- Your helmet and gear
- Repair estimates and receipts
- Notes from every call
Use the deadline checker to see your filing date, which for injury claims is generally two years from the crash.
Common questions
Is a helmet required in Virginia?
Yes. Virginia requires operators and passengers on a motorcycle or autocycle to wear a protective helmet, with a few exemptions, such as certain enclosed three-wheeled vehicles and authorized parades. Helmets must meet Snell Memorial Foundation, ANSI or federal DOT standards. Check the statute for the full list of exemptions.
What does negligence per se mean?
Negligence per se is a legal label. It means a court treats breaking a safety rule as carelessness in itself. For motorcycles, the helmet statute says failing to wear a helmet or required eye or face protection does not constitute negligence per se in a civil case. It does not say more than that.
Does my motorcycle policy include UM coverage?
Virginia requires uninsured motorist coverage in auto liability policies, and your motorcycle policy may work differently from a car policy. Check your declarations page, call your insurer, and ask a lawyer if the other driver had no insurance. Keep a note of who you spoke with and what they said.
How long do I have to file?
For a personal injury lawsuit, Virginia's general limit is two years after the claim accrues, and property damage is five years. Claims against government bodies have shorter notice windows. Our free deadline checker shows your dates, but confirm them with a lawyer because exceptions exist.
Last reviewed · Reviewed by the roanokecrashhelp editorial team