Now that you know the rules and requirements of riding a motorcycle in West Virginia, you might have a better idea of who might be liable for a recent motorcycle accident. The NHTSA reports that approximately 40% of moped fatalities license that is over the age of 16 is allowed to operate a moped in Join 120,519 Americans who searched DMV.ORG for motorcycle insurance rates. These laws can protect you in case you get into an accident, prevent you from getting other motorists injured, and keep you from getting pulled over by law enforcement. Eye goggles or a face shield must meet the standards set by ANSI for Head, Eye, and Respiratory Protection. it is considered a motorcycle. West Virginia Motorcycle Helmet Laws. This field is for validation purposes and should be left unchanged. In addition, you also need to take extra safety precautions when both you and the other motorcycle driver decides to make the same turn. Start Now. The only time eye protection is not needed is when you are riding your motorcycle off-road. West Virginia (WV) offers incredible motorcycle rides, United States Department of Transportation (USDOT), Federal Motor Vehicle Safety Standard No. Driving down the roads to enjoy the sights or taking cross country trips can be an exciting adventure. If you have been injured in a motor vehicle accident, you should seek medical care immediately. Im very pleased to have been represented by Lonnie Simmons in a very confrontational lawsuit. Common exemptions are allowed for the age of the rider, the experience of the rider, if the rider has proof of adequate health insurance, or if the rider has taken a certified motorcycle driving safety course. Brain injuries are a common outcome of a crash involving a moped, Most Americans are aware of the risk associated with motorcycle Earning your permit is a great accomplishment, but there are specific rules that come along with this phase. Daytime lights can help optimize motorcycle visibility for other drivers on the road. To do so, you'll have to earn your motorcycle license, through the West Virginia Division of Motor Vehicles (DMV). your education and with the ultimate goal of reducing the number of moped Handlebars can be a maximum of 15" above the seat. West Virginia has some of the most comprehensive motorcycle helmet laws in the country. If you have been injured in a moped accident, you may be entitled to compensation if another person caused the crash. Remember, titling is usually done at the same time as registration. that a regular passenger vehicle or motorcycle would be. Check out all the details on our guide to WV driver's licenses. Every person operating a motorcycle or autocycle shall wear a face shield, safety glasses or goggles, or have his motorcycle or autocycle equipped with safety glass or a windshield at all times while operating the vehicle, and operators and any passengers thereon shall wear protective helmets. Someone without an operators license can obtain a motorcycle license, or a person with an operators license can obtain a motorcycle endorsement. You may reschedule a class within 5-10 days of the start date, Unscheduled students (walk-ins) may attend on a space available basis and must pay the appropriate fee with a money order. You will pay additional fees when registering and titling your motorcycle at the same time. The topics covered in this section include: Motorcycle helmet laws. West Virginia requires motorcyclists to obtain a license to travel legally on the states roadways. In order to drive on public roads, mopeds must be titled and Lane splitting is an action where the motorcycle can drive between the two lanes of traffic. To be in compliance, the helmet must be fastened to the wearer's head with a neck or chin strap. (b) A person owning or operating an electric bicycle is not subject to the provisions of 17A-1-1 et seq., 17B-1-1 et seq., or 17D-1-1 et seq. A skilled personal injury attorney can analyze the facts of the case and provide you with legal advice about whether you may have a legal claim. Additional passengers may be carried in a factory-produced sidecar provided that there is one passenger per seat. Justia US Law US Codes and Statutes West Virginia Code 2005 West Virginia Code CHAPTER 17A. These mandates usually cover both operators and passengers on the motorcycle. That means making sure your bike is in good shape and knowing and following the states motorcycle laws. A motorcycle can only carry as many passengers as there are footrests for. Eye protection is required. Both drivers and passengers must follow this rule no matter their level of experience. Since motorcycles are smaller and can be hard to see when entering a car or truck drivers blind spot, especially at night, it is essential to have the right illumination so you can avoid being in an accident. Charles M. Johnstone, II (Sonny) is the managing member of the firm. Want to pass your written exam on the first try? If carrying a passenger, the motorcycle must have a passenger seat and passenger footrests designed for this purpose. Because West Virginia is a comparative negligence state, as long as you are 50% or less at fault for the crash, you will still be able to recover. In addition to helmets, motorcyclists in West Virginia must also wear eye protection if their vehicles do not have windshields or windscreens that comply with federal performance specifications. In these situations, legal advice from an experienced West Virginia personal injury attorney can be critical. Some other safety measures you must legally comply with while riding a motorcycle include the following: Handlebars or grips cannot be over 15 inches higher than the highest point of the seat. Lane splitting regulations. However, owners have the option to make their dirt bikes street legal by purchasing the registration stickers. even as a passenger; Handlebars must not be more than 15 inches Wearing helmets saves lives. The motorcycle can be equipped with a single beam or multiple beams. Mr.Simmons years of experience, and knowledge of the court system would be beneficial to everyone he represents. (a) No person may 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. 114 Poor Farm Rd [ Map ] City. 218, Snell Safety Standards for Protective Headgear for Vehicle Users. While anyone can enroll in the course, motorcycle license applicants can waive the DMV skills test if they: To be eligible for a basic rider course through the Motorcycle Safety Awareness Program, you must: The Motorcycle Safety Foundation will help you find available courses, or you can contact a local West Virginia official for more information. Those who own a 3-wheel motorcycle can take the skills test at selected DMV Regional Offices. The other drivers insurance company may claim that it While the numbers are significantly higher for Enrolled Committee Substitute for Committee Substitute for Senate Bill 173, Enrolled Committee Substitute for Senate Bill 88, Search for phrases with double quotes around the phrase like this: claims commission, Use a + symbol in front of a word to include it and use a in front of a word to exclude it from searches like this: +railroad -sign, If you type multiple words without quotes or +/- symbols, the search will look for all results containing any of the words. (2) A Class 3 electric bicycle may not be operated on a bicycle path, multiuse trail, or single-use trail unless it is within a highway or roadway: Provided, That the provisions of this subdivision are not applicable to a bicycle path, multiuse trail, or single-use trail if the municipality, local authority, or governing body of a state agency that has jurisdiction over the bicycle path, multiuse trail, or single-use trail expressly permits that operation. a way that it is easily visible while driving; and. (d) A person operating a motorcycle, motor-driven cycle or moped shall ride in a seated position facing forward and only upon a permanent operators seat attached to the vehicle. Caught riding in bad weather conditions? The process for motorcycle registration with the West Virginia Division of Motor Vehicles can vary depending on whether it was purchased at a dealership OR from a private seller. The legislation calls for helmets to satisfy present . There is another fault law in West Virginia known as the comparative fault law. WV motorcycle laws set minimum requirements in several key areas: Before you decide to buy a motorcycle for transportation in West Virginia or visit its scenic vistas, be sure youre up-to-date on WV motorcycling laws that may be different from those in other states. Road Patrol: Motorcycle Safety According to the West Virginia Department of Transportation , motorcyclists are about 29 times more likely to die in a motor vehicle crash and are four times more likely to . We can protect your rights and get you the compensation to pay for your injuries and any damages. If you are dismissed from class for cause, you will not receive a refund. Please call Colombo Law today at (304) 599-4229 for a FREE case review. roadways were not built to accommodate 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. If a motor on an electric bicycle is modified so that a limit established in 17C-1-70 of this code is exceeded, that vehicle is no longer an electric bicycle. In the state of West Virginia, however, lane splitting is not allowed and considered illegal. State. While practicing with your West Virginia motorcycle permit, you are After deciding which document you'd like, the WV Division of Motor Vehicles will issue it for you. If you are riding a motorcycle with a friend or spouse who also has their own motorcycle, you are allowed to share a lane. Can I Recover Compensation for Bed Sores. become increasingly popular in West Virginia and across the country. Uninsured and underinsured motorcyclist insurance is optional in West Virginia. For about five years his practice was based . All passengers must also adhere to West Virginia laws in regards to wearing the right protective gear as they all must wear a helmet no matter their age. However, West Virginia courts limit the recovery of non-economic damages to $250,000 and $500,000 for catastrophic injury damages. standing up on your moped while driving and are in a crash with a car, that The US DOT is responsible for setting minimum standards for helmets that are intended for use on roadways throughout the country. Motorcycles must also have one or more headlamps and a tail lamp, as well as a red brake light. involved drivers or passengers who were not wearing a helmet at the time of the The motorcyclists financial recovery will be reduced directly in proportion to his or her percentage of fault. California: Operation of a motor vehicle by a driver with bare feet is not prohibited. attached seat; It must have a rear-view mirror attached in such On top of a helmet, all passengers on a motorized bike of any kind must be wearing safety glasses that are shatter resistant. 218 or Snell Safety Standards for Protective Headgear for Vehicle Users. U.S. Miltary Vets. Riders are required to obey all traffic signals, signs and speed limit postings like any other motor vehicle driver. If you pass the class, you'll be able to waive your DMV motorcycle road test! A lawsuit may help you recover compensation for your damages, including lost wages, property damage, and medical bills. The more you know about riding safely in the state, the better you can defend your rights. DOT sets the minimum standards for all helmets sold for the intended use of motorcycling on public streets. West Virginia motorcycle helmet laws were enacted in 1971. (h) Age restrictions related to the operation of electric bicycles are as follows: (1) A person under 16 years of age may not operate a Class 3 electric bicycle; (2) A person under 15 years of age may only be a passenger on a Class 3 electric bicycle, including as a passenger within any attachment to the vehicle designed to transport an additional person, including a child, provided the operator of the electric bicycle is 18 years of age or older; and. Ride on public roads after daylight hours. When youve been in a motorcycle accident, you could be suffering from serious injuries and other damages that werent your fault. (a) No person may 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. 2018, American National Standards Institute (ANSI), study showed that lane splitting increases rider safety. Compared to a regular motor vehicle, you are more exposed to the elements while on a motorcycle. Rock Spring Church. As of January 13, 2020, it has retained its current status and can still be passed. Motorcycle helmets must fasten to the head via a neck or chin strap. Failing to ride with adequate insurance is a crime that could result in fines and other legal trouble in the state. All riders must wear a protective helmet with a suitable neck or chin strap. If you choose a motorcycle-only license, it will restrict you to driving motorcycles only. No person may ride side saddle on a seat. Login | (262) 706-3278. Our laws are designed to protect our citizens from injuries which may occur relating to a motorcycle accident. Failing to adhere to eye-protection requirements could result in motorcyclist liability if a vision impairment (such as small debris getting into the eyes) causes the wreck. by Colombo Law In order to operate a motorized bicycle, riders must have a valid driver's license, so the minimum age requirement is 16 years old. whether it involves a collision with a car or motorcycle. Motorcycle endorsemen t (added to your driver's license): $7.50 endorsement fee PLUS $1 fee for every remaining 1 year your driver's license is valid. For a consultation, call Jason at 304-752-5015 or complete this online contact form. West Virginia Code 17C-15-44(b) requires both motorcycle operators and passengers to wear eye protection in one of these forms: If using only eyeglasses, they must be shatter-resistant. Virginia considers motorcycles to be any two-wheeled, motor-driven cycle with Brother's in Christ Motorcycle Ministry WV is hosting a bike blessing. If you happen to get involved in an accident that wasnt your fault, contact the personal injury law firm Johnstone and Gabhart, LLP. valid for 90 days, but you'll need to have held it for at least 7 days before you can test for your license. He moved to California immediately after being admitted to the West Virginia Bar in 1984 and practiced personal injury law in Los Angeles and motorcycle injury cases all over California, which is where his first million-dollar settlement occurred. Yet there are dangers to be aware of when driving beside vehicles that are much bigger than yours as you should take the proper precautions. Motorcycles cannot have more than three wheels and must have a saddle seat Autocycles cannot have more than three wheels Low-Speed Vehicles must have a top speed between 20 and 25 MPH Specially Constructed Vehicles cannot have been built by a widely recognized manufacturer or altered from stock construction Your lawyer can use their knowledge of the law to argue that it was the other vehicles speeding that caused the car accident, not your brief moment of standing. in a personal injury case involving a moped accident. Our law firm is dedicated to helping people with their personal injury claims pursue compensation for damages, including lost wages, property damage, and medical bills. It's important to consider optional types of coverage that could provide financial protection in the event of an accident. West Virginia: all riders: all are covered: Wisconsin: 17 and younger Footnote 14: . A free consultation with our West Virginia motorcycle accident lawyers can clear up any questions or concerns you might have about the state and local motorcycle laws. Then, visit a According to the National Highway Transportation Safety (e) Every motorcycle, motor-driven cycle and moped shall be equipped with a rearview mirror affixed to the handlebars or fairings and adjusted so that the operator has a clear view of the road and condition of traffic behind him or her for a distance of at least two hundred feet. West Virginia motorcycle helmet Laws West Virginia motorcycle helmet law EXEMPTIONS Fact: Approximately 60% of US states offer exemptions to motorcycle helmet laws that allow a rider to decline to wear a motorcycle helmet while operating or riding as a passenger on a motorcycle. For more information, please visit our West Virginia safety inspections page. vehicles is that they offer far less protection than their larger Other requirements include labeling, identification, and Department of Transportation (DOT) symbol to indicate the helmet follows all regulations. According to state code, anybody riding a motorcycle or motor-driven cycle must wear a helmet that is securely fastened by a neck or chin strap. WEST VIRGINIA. all motorcycle laws and requirements. Jump over to our West Virginia registration renewals guide for more. Of course, the big drawback to these types of motor higher than the seat; You must ride in a proper seated position; You cannot carry a passenger unless the moped is If a law enforcement officer observes you breaking the child passenger safety law, then you may receive a fine of $10 to $20. To enroll in a Basic or Experienced Rider Course, please. 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