
“I was not wearing a helmet when I was hurt in a cycling accident. Can I still file a claim?” If the injury occurred in Virginia, the answer is YES.
As Virginia bike wreck lawyers, we’ve heard this question many times. A lack of knowledge about state helmet laws, combined with insurance companies that shift blame to avoid paying what’s owed, sometimes prevents injured cyclists from pursuing a claim or lawsuit. While proper cycling safety gear can save your life and decrease the severity of injuries, Virginia law protects those injured in bicycle accidents regardless of whether they had a helmet on or not.
Everyone who uses a bicycle – as a form of transportation, for exercise, or just for fun – should know the laws and their rights and how to cycle safely. It is important to understand that if you were not at fault in an accident, not wearing a helmet does not bar you from seeking compensation, and may have no impact on how much you will recover.
However, the outcome of these cases is impacted by several factors. Here’s how wearing a helmet can and cannot affect your cycling accident claim.
Virginia Helmet Laws
There is no adult helmet law in Virginia, but many jurisdictions throughout the state require those 14 years old or younger to wear them. This is established by Virginia Code § 46.2-906.1.
Just like car accidents in Virginia, making a claim against the other party is only possible if the cyclist is not at fault. Virginia’s contributory negligence law applies in these cases, which legally bars cyclists from holding the other party responsible if they contributed to the cause of the accident. This is why consulting with a bike wreck lawyer is crucial; building a solid claim involves showing that no fault can be placed on the injured cyclist.
The good news is that Virginia’s bike accident laws do not consider a cyclist who is not wearing a helmet to be automatically negligent. Pursuant to Virginia Code § 46.2-906.1, if a person is not wearing a helmet while riding a bicycle, it cannot be used against them to establish negligence, assumption of risk, failure to mitigate damages, be admissible in evidence, or even be subject to comment by counsel. This is a very plaintiff friendly law that prohibits the defense from even suggesting to the jury that an injured person is partially responsible for the accident or injuries sustained in a bicycle crash because they did not wear a helmet.
What Strengthens a Virginia Bike Accident Case?
Many factors strengthen a bike accident case in Virginia. One of the most important components of these claims is evidence, which includes:
- Photos and videos of the accident scene, injuries, and damage to the bicycle.
- Witness statements to corroborate what led to the crash and demonstrate fault.
- Police reports.
- Medical records and bills.
- Detailed notes of how the injury has affected the victim.
- Time off work/lost wages.
Driver negligence greatly strengthens a bike wreck case. Distracted driving, speeding, failing to yield, and even passing a cyclist too closely are ways a motorist could cause an accident.
While state law does not require adults to wear helmets, it’s important to understand and follow all of the rules of the road for Virginia cyclists. It’s also important to have experience negotiating with insurance companies and anticipating their strategies. These are all components that a bike wreck attorney can help with.
What Weakens a Virginia Bike Accident Case?
While there are many ways a cycling accident case can be weakened, our bike wreck attorneys frequently hear the following two myths.
Myth 1: “If I wasn’t wearing a helmet, I can’t sue.”
Truth: Helmet use may influence how an insurance company argues a case, but it does not bar your right to seek compensation.
Myth 2: “Not wearing a helmet means I was negligent.”
Truth: Virginia Code § 46.2-906.1 establishes, as a matter of law, that not wearing a helmet does not constitute negligence.
What makes you negligent is failing to follow the law. If you are struck by a vehicle after blowing through a red light or turning without using hand signals, Virginia’s cycling laws could bar you from holding the other party liable – even if they broke the law themselves.
Common ways a bike accident case can be weakened include:
- Admitting fault at the scene or to an insurance company.
- Failing to seek medical attention.
- Failing to report what happened within 24 hours.
- Filing a claim after the statute of limitations has passed.
- Lack of evidence.
- Breaking the law.
The best way to avoid doing or not doing something that could weaken your case is to seek the help of a Virginia bike accident attorney.
Curcio Law’s Efforts to Protect Cyclists
Curcio Law was founded by Tom Curcio, an avid cyclist who’s entrenched in the cycling community. Beyond Tom and our firm’s history of protecting clients injured in bike wrecks through expert legal representation, we are committed to promoting cycling safety.
Most recently, our firm donated 200 bicycle helmets during a month-long cycling safety initiative in Northern Virginia. The giveaways coincided with other campaigns, such as the Old Town Alexandria Bike to Work Day Pit Stop. We not only believe in the value and importance of such efforts but also that our involvement in them strengthens who we are as bike accident attorneys.
In a Bike Wreck? We Can Help.
With decades of experience handling cycling accident cases, our firm has seen firsthand how they impact entire families. Recovery can involve hospital stays, referrals to specialists, surgeries, physiotherapy, time off work, and more. A cycling injury can take weeks or months to heal from, if not longer, and in the worst cases, they are fatal.
Helmet or no helmet, if you were hit while biking, you deserve answers – and a compassionate team that will protect your rights. Contact Curcio Law’s bike wreck lawyers online or call/text at 703-836-3366 for a free consultation.

Justin Curcio joined Curcio Law in January 2020. Justin received his J.D. from St. John’s University School of Law in 2015. After passing the Virginia Bar in 2015, Justin was in-house counsel for an insurance defense firm (Allstate/Esurance/Encompass) for over four years before joining Curcio Law. During law school, he worked for the Nassau County District Attorney’s Office and the law firm of Bartlett, McDonough & Monaghan, LLP. Contact Justin at jcurcio@curciolaw.com.