Press release
Northern Virginia Bicycle Accident Lawyer Jennifer Porter Explains Compensation Rights for Cyclists Without Helmets
According to Northern Virginia Bicycle Accident Lawyer Jennifer Porter, Virginia law does not require adults to wear helmets when riding on public roads. However, local ordinances, such as Fairfax County Code Section 82-6-38.1, mandate helmet use for riders aged 15 and under on highways, sidewalks, or public bicycle paths. These measures aim to protect young cyclists from serious head injuries, but for adults, helmet use remains a choice rather than a legal obligation.
Northern Virginia Bicycle Accident Lawyer Jennifer Porter explains that Virginia follows the strict contributory negligence rule. Under this legal doctrine, a cyclist who is found to be even 1% at fault in an accident is barred from recovering any damages. While this standard is harsh, the law specifically prohibits using the lack of a helmet as evidence of contributory negligence in bicycle accident cases. "If a rider was not wearing a helmet, that cannot be used against them to claim contributory negligence," Jennifer Porter notes. "In fact, evidence of helmet use-or the lack thereof-cannot even be introduced by the defense when arguing against liability for causing a bicycle accident."
This legal protection means that an injured adult cyclist's choice not to wear a helmet cannot be used to deny their claim. However, Porter cautions that other actions-such as running a stop sign, riding against traffic, or failing to use proper lighting at night-can be used by insurance companies to argue contributory negligence. Because even minor fault can eliminate the possibility of recovery, documenting safe riding practices and gathering strong evidence is critical.
Jennifer Porter brings over 25 years of trial experience to her clients, having represented both accident victims and insurance companies in the past. Her background offers valuable insight into how insurers approach and defend against claims. As an active member of the Virginia Trial Lawyers Association and the Fairfax Bar Association, she continues to advocate for cyclists and accident victims throughout Northern Virginia. Recognized as a Super Lawyer and holding an AV Preeminent rating from Martindale-Hubbell, she combines legal skill with a deep commitment to her community.
Insurance companies in Virginia are adept at identifying small errors in a cyclist's behavior to avoid paying claims. Common strategies include pointing to nighttime riding without required lights, rolling through stop signs, riding against traffic, or failing to use hand signals. Porter stresses that cyclists injured in collisions should contact legal counsel immediately to protect their rights and build a strong case before critical evidence is lost.
For cyclists in Northern Virginia, the absence of a helmet should not discourage them from seeking legal recourse after an accident. The law is clear: helmet use-or the lack of it-cannot be used as a basis to deny compensation in bicycle accident claims. What matters most is proving that the other party's negligence caused the accident and that the cyclist was following the rules of the road.
Those injured in a bicycle accident can benefit from Jennifer Porter's deep knowledge of Virginia's contributory negligence laws and her strategic approach to litigation. She and her team at Jennifer Porter Law, PLLC are dedicated to helping victims recover the damages they deserve while navigating the challenges posed by insurance companies.
Anyone injured in a Northern Virginia bicycle accident is encouraged to take immediate steps to protect their rights. Timely action allows for a thorough investigation, collection of critical evidence, and a stronger chance at securing fair compensation. Jennifer Porter and her legal team offer free consultations to discuss the details of a case and outline potential legal strategies.
About Jennifer Porter Law, PLLC:
Jennifer Porter Law, PLLC is a Northern Virginia law firm representing clients in personal injury and bicycle accident cases. Led by Jennifer Porter, who has more than 25 years of courtroom experience, the firm is committed to advocating for individuals injured due to the negligence of others. With a background in representing both plaintiffs and insurance companies, Jennifer Porter brings valuable insight to each case, ensuring that clients receive knowledgeable representation tailored to Virginia's legal standards.
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Website: https://jenniferporterlaw.com/
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