Motorcycle Accident Claims in West Virginia
The West Virginia helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: West Virginia requires every motorcycle or motor-driven cycle operator and passenger, of any age, to wear a securely fastened protective helmet meeting ANSI Z90.1, federal Motor Vehicle Safety Standard No. W. Va. Code § 17C-15-44(a), (b), (f)
| Motorcycle helmet law | West Virginia requires every motorcycle or motor-driven cycle operator and passenger, of any age, to wear a securely fastened protective helmet meeting ANSI Z90.1, federal Motor Vehicle Safety Standard No. 218, or Snell standards, plus approved eye protection. Drivers of fully enclosed autocycles with a valid license are exempt. The section does not address the effect on damages. |
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| Lane splitting | No West Virginia statute in effect names lane splitting. The general lane rule says that on a road divided into clearly marked lanes, a vehicle must be driven as nearly as practicable entirely within a single lane and may not move from it until the driver has made sure it is safe; violation is a misdemeanor with fines up to $100, $200 and $500 for repeat convictions. A 2026 bill (HB 4972) to expressly ban lane splitting and filtering by adding § 17C-7-9a was introduced and referred to committee; § 17C-7-9a does not appear in the code as of 2026-10-28. Source: W. Va. Code § 17C-7-9(a)(1), (b) |
| 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
- Pedestrian Accident Claims in West Virginia
- Bicycle 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
Do you have to wear a motorcycle helmet in West Virginia?
West Virginia requires every motorcycle or motor-driven cycle operator and passenger, of any age, to wear a securely fastened protective helmet meeting ANSI Z90.1, federal Motor Vehicle Safety Standard No. 218, or Snell standards, plus approved eye protection. Drivers of fully enclosed autocycles with a valid license are exempt. The section does not address the effect on damages.
Is lane splitting legal in West Virginia?
No West Virginia statute in effect names lane splitting. The general lane rule says that on a road divided into clearly marked lanes, a vehicle must be driven as nearly as practicable entirely within a single lane and may not move from it until the driver has made sure it is safe; violation is a misdemeanor with fines up to $100, $200 and $500 for repeat convictions.
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.