West Virginia Bicycle Accident Lawyers

By J. Brandon Shumaker and J. Tyler Slavey  ·  Slavey & Shumaker PLLC  ·  Morgantown, WV  ·  Last updated November 9, 2026

Cyclists in Morgantown and across West Virginia share narrow, hilly roads with cars and trucks, often with little or no shoulder. When a driver is distracted, impatient or simply not looking, a cyclist has almost no protection. Bicycle crashes often cause head injuries, broken bones, road rash and spinal injuries.

Slavey & Shumaker PLLC helps injured cyclists throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. For crashes involving people on foot, see our pedestrian accident page.

1. Cyclists’ Rights and Duties

Every person riding a bicycle on a roadway has all of the rights, and is subject to all of the duties, that apply to the driver of a vehicle, except for the special bicycle rules and provisions that by their nature cannot apply (W. Va. Code § 17C-11-2). Key bicycle rules include:

• A cyclist riding slower than traffic must use a marked bicycle lane, or ride as close as practicable to the right curb or edge, except when passing, preparing for a left turn, or avoiding hazards such as parked cars, debris, animals or a lane too narrow to share safely (§ 17C-11-5(a))
• Cyclists may not ride more than two abreast except on paths or parts of roadways set aside for bicycles (§ 17C-11-5(c))
• At night, a bicycle must have a front white lamp visible from at least 500 feet and a red rear reflector, and every bicycle must have working brakes (§ 17C-11-7)

Insurers sometimes argue that a cyclist was in the wrong place on the road. The statute expressly allows a cyclist to move away from the edge when it is unsafe to stay there, so the facts of each crash matter.

2. The Three-Foot Passing Law

West Virginia law provides that “[t]he driver of a vehicle overtaking a bicycle traveling in the same direction shall pass to the left of the bicycle at a distance of not less than three feet at a careful and reduced speed, and may not again drive to the right side of the roadway until safely clear of the overtaken bicycle” (W. Va. Code § 17C-7-3(a)(2)). A driver who passes too closely or cuts back in too soon and causes a crash may be responsible for the cyclist’s injuries.

3. Common Causes of Bicycle Crashes

4. Helmets and Your Claim

West Virginia requires anyone under 15 who rides or is a passenger on a bicycle on a public roadway, bicycle path or other public right-of-way to wear a properly fitted, securely fastened protective helmet (W. Va. Code § 17C-11A-4). Adults are not required to wear one by this statute.

Importantly, the law provides that a violation of the helmet requirement “is not admissible as evidence of negligence or contributory negligence or comparative negligence in any civil action or proceeding for damages, and shall not be admissible in mitigation of damages” (§ 17C-11A-6).

5. Insurance After a Bicycle Crash

A claim against the driver who hit you is usually paid by the driver’s auto liability insurance. If that driver is uninsured, unidentified or does not carry enough coverage, your own auto policy may help. West Virginia’s uninsured and underinsured motorist statute defines insureds to include the named insured and resident relatives “while in a motor vehicle or otherwise” (W. Va. Code § 33-6-31(c)). See our uninsured and underinsured motorist claims page.

6. Compensation After a Bicycle Crash

You can recover as long as your share of fault is not greater than the combined fault of everyone else responsible, and your recovery is reduced by your percentage of fault (W. Va. Code § 55-7-13c(c)). When a crash causes a death, the family’s claim is governed by the wrongful death statute; see our wrongful death page.

7. What to Do After a Bicycle Crash

8. Why Choose Slavey & Shumaker PLLC

Our attorneys, J. Tyler Slavey, J. Brandon Shumaker, Scott B. Harris and Kasey Libby, know the rules of the road that protect cyclists and push back when insurers try to blame the rider. No lawyer can guarantee a result. You can read what past clients say in our more than 100 Google reviews.

9. Frequently Asked Questions About Bicycle Accidents

This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.