Common Causes of West Virginia Bicycle Crashes
Many West Virginia roads have narrow lanes and little or no shoulder, forcing cyclists into close quarters with vehicles. Crashes happen when drivers pass too closely, open a door into a rider's path, turn across a bike lane, fail to yield at intersections, or simply do not look for cyclists. Distracted and impaired driving make all of these scenarios worse.
Because a cyclist has almost no protection, these collisions commonly cause head injuries, broken bones, facial trauma, road rash, and spinal injuries — even when the rider is wearing a helmet and following the rules of the road.
Cyclists Have the Same Rights as Drivers
Under West Virginia law, a person riding a bicycle on the road generally has the same rights and duties as the driver of a vehicle. Motorists must give cyclists a safe passing distance and exercise reasonable care. When a driver's negligence injures a cyclist, the driver can be held responsible.
Insurers frequently argue the cyclist was at fault to invoke the modified comparative fault rule under W. Va. Code § 55-7-13a through 13d. Witness statements, helmet-cam or traffic video, and physical evidence are key to establishing the driver's negligence.
Compensation for Injured Cyclists
Recoverable damages include medical bills, future care, lost wages and earning capacity, the value of the damaged bicycle and gear, and non-economic damages for pain, suffering, and loss of enjoyment of life. In fatal cases, the family may bring a wrongful death claim.
As with pedestrian cases, the injured cyclist's own auto insurance may provide uninsured or underinsured motorist coverage that applies to the crash. An attorney will pursue every available source of recovery.
You pay nothing unless you win. Injury Claim Team connects injured West Virginians with experienced personal injury attorneys who work on contingency. Your case review is always free and confidential — call 973-566-5599.
Bicycle Accident Injury FAQs in West Virginia
It can. Many auto policies' uninsured/underinsured motorist provisions apply when a cyclist is struck by a vehicle, even though the cyclist was not driving a car. An attorney can review your coverage.
That is a common defense meant to shift blame. Independent evidence — witnesses, video, and reconstruction — frequently shows the driver failed to look or yield. Establishing the driver's negligence protects your claim.
Nothing upfront. The attorneys in our network handle personal injury cases on a contingency fee basis, which means you pay no attorney fee unless they recover compensation for you. Your case review through Injury Claim Team is always free and completely confidential.
For most personal injury claims, West Virginia's statute of limitations is two years from the date of the injury under W. Va. Code § 55-2-12. Some claims — including those against a city, county, or state agency — carry shorter notice deadlines, so it is wise to speak with an attorney as soon as possible.