Bicycle Accident Claims in West Virginia
Bicycle rules in West Virginia (passing distance, helmets, riding rules), how fault is shared after a bike crash, and the deadline to sue.
Short answer: A bicyclist on a roadway has all the rights and duties of a vehicle driver, except special bicycle rules and provisions that cannot apply. W. Va. Code §§ 17C-11-2, 17C-7-3(a)(2), 17C-11A-4
| Bicycle laws | A bicyclist on a roadway has all the rights and duties of a vehicle driver, except special bicycle rules and provisions that cannot apply. A driver passing a bicycle must pass to the left at a distance of at least three feet at a careful and reduced speed. Riders and passengers under 15 must wear a securely fastened, properly fitting bicycle helmet on public roads, bike paths and other public rights-of-way, and parents may not knowingly allow a violation. |
|---|---|
| Fault rule (comparative negligence) | Modified comparative fault (51% bar). An injured person's fault does not bar recovery unless it is greater than the combined fault of all others responsible; otherwise, recovery is reduced by the injured person's percentage of fault. Each defendant's liability is generally several only (each pays its own share), except for defendants who conspired together. |
| Minimum car insurance | Since January 1, 2016, proof of financial responsibility means at least $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $25,000 for property damage. Source: W. Va. Code § 17D-4-2(b) |
| Deadline to sue for an injury | Two years after the right to sue accrues for damages for personal injuries. Source: W. Va. Code § 55-2-12(b) |
More West Virginia personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in West Virginia
- Wrongful Death Lawsuits in West Virginia
- Medical Malpractice Rules in West Virginia
- Car Accident Claims in West Virginia
- Dog Bite Liability in West Virginia
- Slip, Trip and Fall Injuries in West Virginia
- Sidewalk and Public Property Falls in West Virginia
- Motorcycle Accident Claims in West Virginia
- Pedestrian Accident Claims in West Virginia
- Uber and Lyft Accident Claims in West Virginia
- Construction Site Injuries in West Virginia
- All West Virginia personal injury & wrongful death rules
FAQ
What are the bicycle laws in West Virginia?
A bicyclist on a roadway has all the rights and duties of a vehicle driver, except special bicycle rules and provisions that cannot apply. A driver passing a bicycle must pass to the left at a distance of at least three feet at a careful and reduced speed. Riders and passengers under 15 must wear a securely fastened, properly fitting bicycle helmet on public roads, bike paths and other public rights-of-way, and parents may not knowingly allow a violation.
Can you recover damages if you were partly at fault in West Virginia?
Modified comparative fault (51% bar). An injured person's fault does not bar recovery unless it is greater than the combined fault of all others responsible; otherwise, recovery is reduced by the injured person's percentage of fault. Each defendant's liability is generally several only (each pays its own share), except for defendants who conspired together.
What is the minimum car insurance required in West Virginia?
Since January 1, 2016, proof of financial responsibility means at least $25,000 for bodily injury or death of one person, $50,000 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 West Virginia?
Two years after the right to sue accrues for damages for personal injuries.
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.