Motorcycle Accident Claims in Virginia
The Virginia helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: Virginia requires motorcycle and autocycle operators and passengers of all ages to wear protective helmets meeting Snell, ANSI or federal DOT standards, along with eye protection or a windshield. Va. Code § 46.2-910(A)
| Motorcycle helmet law | Virginia requires motorcycle and autocycle operators and passengers of all ages to wear protective helmets meeting Snell, ANSI or federal DOT standards, along with eye protection or a windshield. Exceptions include motorcycles with wheels of eight inches or less, three-wheeled motorcycles or autocycles with nonremovable roofs, windshields and enclosed bodies, and authorized, police-escorted parades at 15 mph or less. Failing to wear a helmet is not negligence per se in a civil case. Source: Va. Code § 46.2-910(A) |
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| Lane splitting | No Virginia statute read names lane splitting. On roads divided into clearly marked lanes, a vehicle must be driven as nearly as practicable entirely within a single lane and may not leave it until the driver has made sure the move is safe. Driving abreast of another vehicle in a lane designed for one vehicle is reckless driving, but that section does not prohibit two two-wheeled motorcycles from riding abreast in one lane. Only §§ 46.2-804 and 46.2-857 were read; no absence claim is made. |
| Minimum car insurance | For policies effective on or after January 1, 2025, an owner's policy must provide at least $50,000 for bodily injury or death of one person, $100,000 for bodily injury or death of two or more people in one accident, and $25,000 for property damage. Source: Va. Code § 46.2-472(B) |
| Deadline to sue for an injury | Two years after the cause of action accrues for every action for personal injuries, whatever the legal theory. Source: Va. Code § 8.01-243(A) |
More Virginia personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Virginia
- Wrongful Death Lawsuits in Virginia
- Medical Malpractice Rules in Virginia
- Car Accident Claims in Virginia
- Dog Bite Liability in Virginia
- Pedestrian Accident Claims in Virginia
- Bicycle Accident Claims in Virginia
- Uber and Lyft Accident Claims in Virginia
- Truck Accident Claims in Virginia
- Construction Site Injuries in Virginia
- All Virginia personal injury & wrongful death rules
FAQ
Do you have to wear a motorcycle helmet in Virginia?
Virginia requires motorcycle and autocycle operators and passengers of all ages to wear protective helmets meeting Snell, ANSI or federal DOT standards, along with eye protection or a windshield. Exceptions include motorcycles with wheels of eight inches or less, three-wheeled motorcycles or autocycles with nonremovable roofs, windshields and enclosed bodies, and authorized, police-escorted parades at 15 mph or less. Failing to wear a helmet is not negligence per se in a civil case.
Is lane splitting legal in Virginia?
No Virginia statute read names lane splitting. On roads divided into clearly marked lanes, a vehicle must be driven as nearly as practicable entirely within a single lane and may not leave it until the driver has made sure the move is safe. Driving abreast of another vehicle in a lane designed for one vehicle is reckless driving, but that section does not prohibit two two-wheeled motorcycles from riding abreast in one lane.
What is the minimum car insurance required in Virginia?
For policies effective on or after January 1, 2025, an owner's policy must provide at least $50,000 for bodily injury or death of one person, $100,000 for bodily injury or death of two or more people in one accident, and $25,000 for property damage.
What is the statute of limitations for personal injury in Virginia?
Two years after the cause of action accrues for every action for personal injuries, whatever the legal theory.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.