What should you do after a bicycle crash in Virginia?
Get medical care, call police, and keep the bike and gear as they are. In Virginia a cyclist has the rights and duties of a driver, and drivers must pass with at least three feet of space. Fault rules are strict, so details matter.
You're safe now, and that is the main thing. A bicycle crash can leave you sore, shaken and unsure. Take it one step at a time.
What do you do first?
- Get medical care. Call 911 if you are hurt.
- Ask the police to come and make a report.
- Take photos of the scene, the driver's vehicle and plate, your injuries and your bike.
- Keep the bike, helmet and clothing as they are. Do not repair or throw them away.
- Get names and numbers of witnesses.
- Write down what happened.
- Do not guess about fault when you talk to anyone.
More steps are on our first 72 hours page.
What rights do cyclists have on Virginia roads?
A person riding a bicycle on a highway has all the rights and duties of a driver of a vehicle, unless the context clearly indicates otherwise (§ 46.2-800 (opens in a new tab)).
Riders going slower than the normal flow of traffic must ride as close as safely practicable to the right curb or edge of the road (§ 46.2-905 (opens in a new tab)). Exceptions include passing, preparing for a left turn, avoiding hazards, and lanes of substandard width. Riders may go two abreast at most, and must move to single file when a faster vehicle approaches. The statute says that failing to follow this is not negligence per se in a civil action. Negligence per se means a court treats breaking a rule as carelessness in itself.
How must drivers pass?
A driver overtaking a bicycle must pass at least three feet to the left of it, at a reasonable speed. If the lane is too narrow to pass with that space, the driver must change lanes (§ 46.2-839 (opens in a new tab)).
Do helmet and light rules affect a claim?
Helmets: Virginia has no statewide bicycle helmet rule. Under § 46.2-906.1 (opens in a new tab), a county, city or town may require helmets for riders 14 years of age or younger. A violation carries a fine of $25. The statute says a violation does not count as negligence or assumed risk and cannot reduce damages. Check with your city, town or county for local rules.
Lights and reflectors (§ 46.2-1015 (opens in a new tab)):
- Headlight: visible from at least 500 feet ahead.
- Rear reflector: red, visible from at least 600 feet behind.
- Taillight: visible from at least 500 feet behind, required on a highway with a speed limit of 35 mph or more.
A lawyer can tell you how the light rules may affect a claim.
Rules at a glance
| Rule | Statute |
|---|---|
| Cyclist has a driver's rights and duties | § 46.2-800 (opens in a new tab) |
| Ride near the right edge, with exceptions | § 46.2-905 (opens in a new tab) |
| Drivers pass with at least three feet | § 46.2-839 (opens in a new tab) |
| Helmets: local ordinance only | § 46.2-906.1 (opens in a new tab) |
| Lights and reflectors | § 46.2-1015 (opens in a new tab) |
How is fault decided?
Virginia's contributory negligence rule can stop a claim if the injured person's own carelessness helped cause the crash. Read our plain-English guide. Details of where you rode and how you rode can matter, so write them down while they are fresh.
Whose insurance pays?
It depends on the facts. If the driver was insured, their insurer may be involved. If the driver was uninsured or left the scene, your own coverage may help; see uninsured motorist claims. Check your dates with the deadline checker.
Common questions
Does Virginia require bike helmets?
Not statewide. A county, city or town may adopt an ordinance requiring helmets for riders 14 years of age or younger, with a fine of $25. Check with your city, town or county for local rules before you ride, because the rule can differ from one place to the next.
Can I claim if I wasn't wearing a helmet?
The helmet statute says a violation does not count as negligence or assumed risk, and cannot reduce damages. That applies to the helmet ordinance only. Other fault questions, such as where you rode and how, still matter in Virginia, so talk to a lawyer about your crash.
How should I report a bike crash?
Call 911 if anyone is hurt, and ask police to come to the scene so a report is made. Get the officer's name and report number, then follow our crash report guide to request a copy from the agency that responded. Keep your bike, helmet and clothing as they are until a lawyer or insurer says otherwise.
Does my insurance cover me on a bike?
It depends on your policy. If a driver hit you and has no insurance, uninsured motorist coverage may apply, depending on your policy language. Medical expense coverage may also help. Read your declarations page, ask your insurer how each coverage applies to a bicycle crash, and keep your answers in writing.
Last reviewed · Reviewed by the roanokecrashhelp editorial team