Virginia Motorcycle Laws

Virginia motorcyclists are protected under Virginia motorcycle law that makes negligent drivers responsible and liable to Virginia motorcyclists. A biker who is involved in a Virginia motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of Virginia

If you sustained an injury due to a Virginia motorcycle accident and you haven’t contacted a lawyer about your Virginia motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options. If you have a case, we’ll help you find the best motorcycle accident injury attorney or law firm in your area. As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer.        1-877-Biker-Law (1-877-245-3752).

Ø      Virginia is an at-fault state. This means that the law of negligence governs Virginia motorcycle and Virginia motor vehicle accidents. The person who is found to be “at fault” for the Virginia motorcycle accident can be held accountable for your injuries and damages in your Virginia motorcycle accident.

Ø      Virginia Helmet Law: When riding on or operating a Virginia motorcycle, you are required by law to wear a protective helmet.

Ø      Virginia Eye Protection Law: When riding on or operating a Virginia motorcycle, you are required by law to wear protective eye wear, unless the Virginia motorcycle is equipped with a windscreen.

Va. Code Ann. § 46.2-910

§ 46.2-910. Motorcyclist to wear helmets, etc.; certain sales prohibited; penalty

A. Every person operating a motorcycle shall wear a face shield, safety glasses or goggles, or have his motorcycle equipped with safety glass or a windshield at all times while operating the vehicle, and operators and any passengers thereon shall wear protective helmets. Operators and passengers riding on motorcycles with wheels of eight inches or less in diameter or in three-wheeled motorcycles which have non-removable roofs, windshields and enclosed bodies shall not be required to wear protective helmets. The windshields face shields, glasses or goggles, and protective helmets required by this section shall meet or exceed the standards and specifications of the Snell Memorial Foundation, the American National Standards Institute, Inc., or the federal Department of Transportation. Failure to wear a face shield, safety glasses or goggles, or protective helmets shall not constitute negligence per se in any civil proceeding. The provisions of this section requiring the wearing of protective helmets shall not apply to operators of or passengers on motorcycles being operated (i) as part of an organized parade authorized by the Department of Transportation or the locality in which the parade is being conducted and escorted, accompanied, or participated in by law-enforcement officers of the jurisdiction wherein the parade is held and (ii) at speeds of no more than fifteen miles per hour.

Ø      Virginia Motorcycle Minimum Insurance Requirements: The minimum insurance required for your Virginia motorcycle is compulsory liability insurance. The limits for your Virginia motorcycle insurance are 25/50/20.

·        Bodily Injury Liability: (1 Person): $25,000

·        Bodily Injury Liability (All Persons, 1 Accident): $50,000

·        Property Damage Liability (1 Accident): $20,000

Ø      Virginia Motor Vehicle / Motorcycle Insurance:

§ 38.2-124. Motor vehicle

A. "Motor vehicle insurance" means insurance against:

1. Loss of or damage to motor vehicles, including trailers, semi trailers or other attachments designed for use in connection with motor vehicles, resulting from any cause, and against legal liability of the insured for loss or damage to the property of another resulting from the ownership, maintenance or use of motor vehicles and against loss, damage or expense incident to a claim of such liability; or

2. Legal liability of the insured, and liability arising under subsection A of § 38.2-2206 and against loss, damage, or expense incident to a claim of such liability, arising out of the death or injury of any person resulting from the ownership, maintenance or use of motor vehicles. Motor vehicle insurance does not include any class of insurance specified in § 38.2-119.

B. Any policy of "motor vehicle insurance" covering legal liability of the insured under subdivision 2 of subsection A and covering liability arising under subsection A of § 38.2-2206 may include appropriate provisions obligating the insurer to pay to the covered injured person medical expense and loss of income benefits arising out of the death or injury of any person, as set forth in subsection A of § 38.2-2201. Any such policy of motor vehicle insurance may include appropriate provisions obligating the insurer to pay weekly indemnity or other specific benefits to persons who are injured and specific death benefits to dependents, beneficiaries or personal representatives of persons who are killed, if the injury or death is caused by accident and sustained while in or upon, entering or alighting from, or through being struck by a motor vehicle while not occupying a motor vehicle. These provisions shall obligate the insurer to make payment regardless of any legal liability of the insured or any other person.

§ 38.2-117. Personal injury liability

"Personal injury liability insurance" means insurance against legal liability of the insured, and against loss, damage or expense incident to a claim of such liability, arising out of the death or injury of any person, or arising out of injury to the economic interests of any person as the result of negligence in rendering expert, fiduciary or professional service, but not including any class of insurance specified in § 38.2-119.

Any policy of personal injury liability insurance may include appropriate provisions obligating the insurer to pay medical, hospital, surgical, and funeral expenses arising out of the death or injury of any person, regardless of any legal liability of the insured.

Ø      Virginia – Uninsured Motorist Coverage: If you are injured in a Virginia motorcycle accident, by an at-fault driver who does not have any insurance, or adequate insurance, to cover your claim, uninsured or underinsured motorist coverage may protect you in this situation.

Ø      Uninsured Motorist Coverage: Uninsured motorist insurance will protect you if you are involved in a Virginia motorcycle accident with an at-fault driver who does not have ANY insurance to cover your claims.

Ø      Underinsured Motorist: Underinsured motorist insurance will protect you if you are involved in a Virginia motorcycle accident with an at-fault driver who does not have ADEQUATE insurance to cover your claims.

Virginia UIM Statute: Va. Code. Ann. §38.2-206: Uninsured motorist insurance coverage

B. As used in this section, the term "bodily injury" includes death resulting from bodily injury.

"Insured" as used in subsections A, D, G, and H of this section means the named insured and, while resident of the same household, the spouse of the named insured, and relatives, wards or foster children of either, while in a motor vehicle or otherwise, and any person who uses the motor vehicle to which the policy applies, with the expressed or implied consent of the named insured, and a guest in the motor vehicle to which the policy applies or the personal representative of any of the above.

"Uninsured motor vehicle" means a motor vehicle for which (i) there is no bodily injury liability insurance and property damage liability insurance in the amounts specified by § 46.2-472, (ii) there is such insurance but the insurer writing the insurance denies coverage for any reason whatsoever, including failure or refusal of the insured to cooperate with the insurer, (iii) there is no bond or deposit of money or securities in lieu of such insurance, (iv) the owner of the motor vehicle has not qualified as a self-insurer under the provisions of § 46.2-368, or (v) the owner or operator of the motor vehicle is immune from liability for negligence under the laws of the Commonwealth or the United States, in which case the provisions of subsection F shall apply and the action shall continue against the insurer. A motor vehicle shall be deemed uninsured if its owner or operator is unknown.

A motor vehicle is "underinsured" when, and to the extent that, the total amount of bodily injury and property damage coverage applicable to the operation or use of the motor vehicle and available for payment for such bodily injury or property damage, including all bonds or deposits of money or securities made pursuant to Article 15 (§ 46.2-435 et seq.) of Chapter 3 of Title 46.2, is less than the total amount of uninsured motorist coverage afforded any person injured as a result of the operation or use of the vehicle.

Ø      Virginia Statute of Limitations: If you wish to commence suit for your Virginia motorcycle accident and damages or injuries resulting from your Virginia motorcycle accident, you must do so within 2 years of the date of your Virginia motorcycle accident.

Va. Code Ann. § 8.01-243

§ 8.01-243. Personal action for injury to person or property generally; extension in actions for malpractice against health care provider

A. Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues.

*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.

*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.

***Law portion of site in progress. Virginia motorcycle law regarding Virginia motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.