What rights and duties does a cyclist have?
Every person riding a bicycle on a Virginia highway is subject to the chapter and has all of the rights and duties applicable to the driver of a vehicle, unless the context of the provision clearly indicates otherwise (Va. Code § 46.2-800 (opens in a new tab)). The section does not define "bicycle."
Because a cyclist carries a driver's duties, a driver's lawyer may examine the cyclist's conduct, which connects to the fault rule below.
What must an overtaking driver do?
A driver passing a bicycle must do so at a reasonable speed and at least three feet to the left of the overtaken bicycle (Va. Code § 46.2-839 (opens in a new tab)). Measure the gap from what you remember and from any photographs of the scene, and report it accurately.
Where may a cyclist ride?
A cyclist shall ride as close as safely practicable to the right curb or edge of the roadway. The section lists exceptions, including overtaking, a left turn and avoiding hazards.
Is helmet use evidence of negligence?
No, in the case of a local helmet ordinance. A county, city or town may by ordinance require riders 14 years of age or younger to wear a protective helmet (Va. Code § 46.2-906.1 (opens in a new tab)). Violation of such an ordinance shall not constitute negligence or assumption of risk, cannot be considered in mitigation of damages, is not admissible in evidence and cannot be the subject of comment by counsel.
What equipment is required?
Lighting rules apply from sunset to sunrise. The requirements are:
- Front light. A white light visible in clear weather, with a distance of at least 500 feet (Va. Code § 46.2-1015(A) (opens in a new tab)).
- Rear light. A red light visible from a distance of at least 500 feet, required between sunset and sunrise only on a highway with a speed limit of 35 mph or more (Va. Code § 46.2-1015(B) (opens in a new tab)).
What are the steps after a bicycle crash?
- Move out of traffic if you can do so safely, and call for help if anyone is hurt. Notice to police is required when anyone is injured or killed (Va. Code § 46.2-371 (opens in a new tab)).
- Get medical care and keep every record.
- Photograph the road, the bicycle, your helmet and lights, and the vehicle.
- Collect the driver's name, plate and insurer, and witness contacts.
- Request the report. See how to request a report.
- If the driver fled or has no insurance, see uninsured motorist claims.
- Check your deadline with the claim deadline checker. Personal injury is two years (Va. Code § 8.01-243 (opens in a new tab)).
| Section | Rule |
|---|---|
| § 46.2-800 (opens in a new tab) | Cyclist has the rights and duties of a driver |
| § 46.2-839 (opens in a new tab) | Overtaking driver leaves three feet |
| § 46.2-905 (opens in a new tab) | Ride as close as safely practicable to the right edge, with exceptions |
| § 46.2-906.1 (opens in a new tab) | Local helmet ordinance; violation is not negligence |
| § 46.2-1015 (opens in a new tab) | Front and rear lights at night |
Frequently asked questions
Is there a statewide bicycle helmet law in Virginia?
Va. Code § 46.2-906.1 allows a county, city or town to require riders 14 years of age or younger to wear a protective helmet by ordinance. Check whether the locality where you ride has adopted one, and confirm its terms.
Can a driver use my lack of a helmet against me?
Not under Va. Code § 46.2-906.1. A violation of a local helmet ordinance shall not constitute negligence or assumption of risk, cannot be considered in mitigation of damages, is not admissible in evidence and cannot be the subject of comment by counsel. Other conduct can still be examined.
Does contributory negligence apply to cyclists?
Virginia courts apply contributory negligence as a complete bar to recovery. Because a cyclist has a driver's duties under Va. Code § 46.2-800, conduct such as lane position or lighting may be examined. A lawyer can assess the specific facts.
Is a bicycle a vehicle under Virginia law?
Va. Code § 46.2-800 provides that a person riding a bicycle is subject to the chapter and has all the rights and duties applicable to the driver of a vehicle, unless the context clearly indicates otherwise. The section does not define the word bicycle, so equipment and device questions need a separate check.
Last reviewed · Reviewed by the Roanoke Crash Lawyer Guide editorial team