West Virginia Motorcycle Laws

In West Virginia, The Number to CALL if You FALL is 1-877-Biker-LAW

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WEST VIRGINIA MOTORCYCLE LAWS*

 

West Virginia motorcyclists are protected under West Virginia motorcycle law that makes negligent drivers responsible and liable to West Virginia motorcyclists. A biker who is involved in a West 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 West Virginia

 

If you sustained an injury due to a West Virginia motorcycle accident and you haven’t contacted a lawyer about your West 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).

 

W. Va. Code, § 24A-1-2

§ 24A-1-2. Definitions

 

(8) "Motor vehicle" means, and includes, any automobile, truck, tractor, truck-tractor, trailer, semi-trailer, motorbus, taxicab, any self-propelling motor-driven motor vehicle or any combination thereof, used upon any public highway in this state for the purpose of transporting persons or property;

 

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

 

Ø      West Virginia Motorcycle Helmet Law: If you are operating or riding on a West Virginia motorcycle you are required by law to wear a motorcycle helmet equipped with reflectorization.

 

W. Va. Code, § 17C-15-44

§ 17C-15-44. Safety equipment and requirements for motorcyclists, motorcycles, motor-driven cycles and mopeds; motorcycle safety standards and education committee

(a) No person shall operate or be a passenger on any motorcycle or motor-driven cycle unless the person is wearing securely fastened on his or her head by either a neck or chin strap a protective helmet designed to deflect blows, resist penetration and spread impact forces. Any helmet worn by an operator or passenger shall meet the current performance specifications established by the American National Standards Institute Standard, Z 90.1, the United States Department of Transportation Federal Motor Vehicle Safety Standard No. 218 or Snell Safety Standards for Protective Headgear for Vehicle Users.

Ø      West Virginia Motorcycle Eye Protection Law: If you operating or riding ona West Virginia motorcycle you are required by law to wear proper eye protection.

 

W. Va. Code, § 17C-15-44

§ 17C-15-44. Safety equipment and requirements for motorcyclists, motorcycles, motor-driven cycles and mopeds; motorcycle safety standards and education committee


(b) No person shall operate or be a passenger on any motorcycle or motor-driven cycle unless the person is wearing safety, shatter-resistant eyeglasses (excluding contact lenses), or eyegoggles or face shield that complies with the performance specifications established by the American National Standards Institute for Head, Eye and Respiratory Protection, Z 2.1. In addition, if any motorcycle, motor-driven cycle or moped is equipped with a windshield or windscreen, the windshield or windscreen shall be constructed of safety, shatter-resistant material that complies with the performance specifications established by Department of Transportation Federal Motor Vehicle Safety Standard No. 205 and American National Standards Institute, Safety Glazing Materials for Glazing Motor Vehicles Operated on Land Highways, Standard Z 26.1.

 

Ø       West Virginia Minimum Insurance Requirements: The minimum insurance required for your West Virginia motorcycle is Compulsory Liability Insurance.

 

The insurance limits are as follows:

  • Bodily Injury Liability (1 person): $20,000
  • Bodily Injury Liability (All persons, One accident): $40,000
  • Property Damage Liability: $10,000

 

Ø      West Virginia UIM Coverage: You can also get the optional coverage known as UIM, or uninsured or underinsured motorist coverage. This may cover you if you are injured in a West Virginia motorcycle accident and the other party does not have any, or adequate, insurance to cover your claim.

 

  • Underinsured Motorist Coverage: Underinsured motorist coverage may protect you if you are injured in a West Virginia motorcycle accident with an at-fault driver who only has the minimum required insurance (Compulsory Liability Insurance) and does not have adequate insurance to cover your injuries resulting from your West Virginia motorcycle accident.

 

  • Uninsured Motorist Coverage: Uninsured motorist coverage may protect you if you are injured in a West Virginia motorcycle accident with an at-fault driver who does not have any insurance to cover your injuries resulting from your West Virginia motorcycle accident.

 

  • Hit & Run Accident: If you are injured in a hit and run West Virginia motorcycle accident with an unidentified at-fault driver, uninsured motorist coverage may protect you and cover your injuries resulting from your West Virginia motorcycle accident.

 

Ø      West Virginia Statute of Limitations: For injuries and damages resulting from your West Virginia motorcycle accident, you must commence suit within 2 years from the date of the West Virginia motorcycle accident.

 

W. Va. Code, § 55-2-12

§ 55-2-12. Personal actions not otherwise provided for


Every personal action for which no limitation is otherwise prescribed shall be brought: (a) Within two years next after the right to bring the same shall have accrued, if it be for damage to property; (b) within two years next after the right to bring the same shall have accrued if it be for damages for personal injuries; and (c) within one year next after the right to bring the same shall have accrued if it be for any other matter of such nature that, in case a party die, it could not have been brought at common law by or against his personal representative.

 

 

*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. West Virginia motorcycle law regarding West 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.


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Serving every city and town in the State of West Virginia:

Find An Attorney In West Virginia For Your Motorcycle Accident Injury Case

 

Who Should Seek A Motorcycle Accident Lawyer?

Anyone who has been involved in a motorcycle accident in West Virginia (WV) should seek the advice of a qualified motorcycle accident lawyer.

 

Why Should You Contact The Motorcycle Lawyer?

The Motorcycle Lawyer helps motorcycle accident victims find a highly qualified lawyer in their state. Motorcyle accident victims need an edge wherever it exists, and the first place to gain that edge is by finding a lawyer who knows the unique laws in their state.

 

The Motorcycle Lawyer offers victims of motorcycle accidents this service at no charge to the accident victim seeking justice.

 

When Should A Motorcycle Accident Victim Seek Help?

It's very important to contact a lawyer as soon as possible. The Motorcycle Lawyer has reviewed many motorcycle accident cases and through our experience we have found that the sooner we can hear the details of your accident, the more likely you are to win your case. It's too easy to forget important details of the circumstances of your motorcycle accident to risk waiting. Witnesses, victims, medical care providers, and police may not have a clear memory of your motorcycle accident and circumstances weeks or months after.

 

Contact The Motorcycle Lawyer Without Obligation!

Providing The Motorcycle Lawyer with details of your motorcycle accident is free and does not obligate you to retain a lawyer. Please call us at no cost and speak with Jason A. Waechter, the founding lawyer of The Motorcycle Lawyer at:

 

1-877-Biker-Law (1-877-245-3752)

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A
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West Virginia Motorcycle Accident Victims

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