Motorcycle riders in West Virginia must follow specific laws that exist to protect them and other drivers on the road.
Motorcycle Licensing Requirements
To operate a motorcycle, riders must hold a valid motorcycle endorsement. According to W. Va. Code § 17B-2-6, a rider must:
“Pass a written knowledge test and a skills test… or successfully complete a motorcycle safety education program approved by the Division of Motor Vehicles.”
Riders under age 18 must complete a safety course and have parental consent. Out-of-state licenses with valid endorsements are generally accepted, but new residents must transfer their credentials within 30 days.
Helmet Law
Riders of all ages, regardless of experience or licensing status, must have “a protective helmet securely fastened on the head” as stated in W. Va. Code § 17C-15-44. The helmet must also meet “current performance specifications established by the American National Standards Institute or the federal Department of Transportation.”
Eye Protection and Safety Gear
In addition to helmets, W. Va. Code § 17C-15-44 requires riders to wear “shatter-resistant eye protection… unless the vehicle is equipped with a windshield of sufficient height to deflect any debris.” That can be goggles, face shields, or glasses that meet safety standards.
Passenger Rules
Motorcycles can carry passengers only if the bike is designed for more than one person. W. Va. Code § 17C-15-44(b) requires:
“A seat and footrests specifically designed for use by a passenger.”
Handlebar Height
West Virginia law limits handlebar height to prevent unsafe modifications. According to W. Va. Code § 17C-15-44(c) “The handlebars must not be higher than the operator’s shoulders when seated.” Any higher can impact a motorcyclist’s ability to maintain control and stability, especially at higher speeds.
Headlights and Lighting
Motorcycles must have headlights on at all times, even during daylight hours. W. Va. Code § 17C-15-2 mandates that “Every motorcycle shall be equipped with at least one and not more than two headlamps”.Using them improves visibility and reduces accident risk, particularly at intersections.
Insurance Requirements
Motorcyclists must carry minimum liability insurance, just like other motor vehicle operators. W. Va. Code § 17D-4-2 sets the following minimums:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
Failure to carry insurance can lead to license suspension and financial penalties.
Operational Rules
Motorcyclists have the same rights and responsibilities as other motor vehicle drivers. However, lane splitting, or riding between lanes of traffic, is prohibited. While not explicitly addressed in the code, the requirement for vehicles to remain within a single lane effectively bans this practice .
West Virginia’s Negligence Rule and Motorcycle Accidents
West Virginia follows a modified comparative negligence rule under W. Va. Code § 55-7-13a. In a motorcycle accident claim:
- A rider can recover damages only if they are less than 50% at fault for the crash.
- The total compensation is reduced by the rider’s percentage of fault.
For example, if a rider is found 20% at fault and the total damages are $100,000, they may recover $80,000.
