Am I Entitled to Compensation After a Bike Accident Even If I Wasn’t Wearing a Helmet? - Jennifer Porter

BSPE Legal Marketing Podcast

BSPE Legal Marketing Podcast
Am I Entitled to Compensation After a Bike Accident Even If I Wasn’t Wearing a Helmet? - Jennifer Porter
Nov 25, 2024 Season 3 Episode 500
Jennifer Porter

From Jennifer Porter Law, PLLCAm I Entitled to Compensation After a Bike Accident Even If I Wasn’t Wearing a Helmet? examines the legal realities for cyclists in Virginia who are injured without wearing head protection. While bicycle helmets are known to significantly reduce the risk of head injuries, there is no statewide law requiring adult cyclists to wear them, and the absence of a helmet does not automatically bar victims from seeking damages. This episode delves into Virginia’s contributory negligence rules, the specific helmet ordinances in Fairfax County, and the steps injured riders can take to protect their rights after a collision.


We’ll explore how Fairfax County Code Section 82-6-38.1 mandates helmet use for riders aged 15 and under, the difference between contributory negligence and comparative fault, and how these legal doctrines affect recovery after a bike accident. Listeners will learn why, under Virginia law, helmet use—or lack thereof—cannot be used as evidence against you in determining fault for a bicycle accident. The discussion also covers how local rules aim to protect young riders and encourage safe cycling practices.


The episode further examines the tactics insurance companies use to deny claims under Virginia’s strict contributory negligence standard. Even though not wearing a helmet isn’t admissible as evidence of fault, adjusters often focus on other cyclist actions such as riding at night without required lights, rolling through stop signs, riding against traffic, or failing to use hand signals. We’ll break down how even a single minor misstep can be used to block compensation, and why avoiding these pitfalls is critical.


Finally, you’ll hear how Northern Virginia Bicycle Accident Lawyer Jennifer Porter—backed by over 25 years of legal experience and insight from her time working for insurance companies—advocates for injured cyclists. As a Super Lawyer, AV Preeminent-rated attorney, and active member of the Virginia Trial Lawyers Association, Jennifer shares her commitment to securing fair compensation for clients. The conversation closes with practical advice on collecting evidence, proving liability, and navigating insurance negotiations to maximize your recovery after a bicycle accident.



Jennifer Porter Law, PLLC

8001 Braddock Rd Suite 102, Springfield, VA 22151, United States

(571) 532-9070

https://www.google.com/maps?cid=1633844614801486416