Motorized Bicycle Laws in West Virginia

August 7, 2024 | By Colombo Law

Anyone who rides an electric bike, moped, or scooter needs to know the motorized bicycle laws in West Virginia. The laws surrounding motorized bicycles, including where they can be operated and by whom, are complicated. As a result, it can be difficult for riders to pursue a personal injury claim if they have been injured in an accident.

Motorcycle accident lawyers at Colombo Law can provide the legal guidance and compassionate support you need to recover maximum compensation for your injuries. Our in-depth knowledge of the emerging motorized bicycle laws in West Virginia enable us to represent clients effectively.

Please call 304-599-4229 today for a FREE case review. Colombo Law serves clients in Morgantown and throughout West Virginia.

What Is a Motorized Bicycle?

The term “motorized bicycle” can be broadly used to describe various types of bicycles and motorcycles. To better understand the laws surrounding these vehicles—as well as your legal rights when operating them—let us first review the types of motorized bicycles and what legally differentiates them:

Mopeds

A moped is defined by the West Virginia Code as a “motorcycle or motor-driven cycle… which is equipped with two or three wheels, foot pedals to permit muscular propulsion, and an independent power source.”

Mopeds must also:

Provide a maximum of two brake horsepower
Have a maximum piston or rotor displacement of 50 cubic centimeters
Not exceed 30 miles per hour on a flat road surface

If it has more horsepower or a bigger engine, then it would be considered a motor-driven cycle.

‘Motor-Driven Cycles’

Motor-driven cycles are defined as motorcycles that have:

Between 50 and 150 cubic centimeters of piston displacement
Less than five brake horsepower

Many motor-driven cycles are referred to as scooters.

Electric Bicycles

An electric bicycle is defined as “a two or three wheeled vehicle with fully operable pedals and an electric motor of fewer than 750 watts.” As of March 2023, there are three classes of electric bicycles recognized in West Virginia:

Class 1: The e-bike’s motor only provides assistance when the rider is pedaling and that assistance stops when the e-bike is traveling 20 mph or greater.
Class 2: The e-bike’s motor can propel the bike on its own, though only when the cycle is traveling below 20 mph.
Class 3: The e-bike’s motor only provides assistance while the rider is pedaling and that assistance stops when the e-bike is traveling 28 mph or greater.

The recent changes to e-bicycle laws—which used to include only classes 1 and 3—were made to encourage e-bike usage across West Virginia by broadening the definitions of what constitutes an e-bike.

Are Motorized Bikes Legal in WV?

All of the motorized bicycles and motorcycles discussed here are legal in West Virginia. However, they each have unique rules that must be followed:

Electric Bicycles: Class 1 and 2 electric bikes are treated like non-electric bicycles, meaning they can be operated on the same roads, trails, and paths that permit non-electric bikes. Class 3 electric bikes, on the other hand, are generally not permitted to be operated on bicycle paths and trails unless the trail is within a highway or roadway or the trail explicitly allows them.
Motor-Driven Cycles: Since these vehicles are technically motorcycles, they are subject to the same rules as motorcycles. As such, motor-driven cycles are not allowed to travel on sidewalks, trails, or bicycle paths. They are permitted to be ridden on public highways, provided the operator:
- Is over the age of 16 and has a valid driver’s license
- Has titled and registered the vehicle
- Carries the appropriate insurance coverage for a motorcycle in West Virginia
Mopeds: Mopeds are also classified as a motorcycle or a motor-driven cycle, meaning the same rules apply to them as motor-driven cycles and motorcycles.

It is important to know which classification your vehicle falls under so you can ensure you are following the applicable motorized bicycle laws in West Virginia. No matter which of these vehicles you ride, it is crucial to wear a helmet in accordance with West Virginia law.

Your Rights If You Are Injured Riding a Motorized Bike

While you certainly have rights when operating a motorized bike, the protection afforded by those rights is dependent on following the rules. For example, a rider who fails to wear a helmet will have a difficult time obtaining fair compensation for the injuries they suffer in a collision with another vehicle—no matter who was at fault.

On the other hand, if you are properly licensed and following the rules of the road, it will be much easier to protect your rights. For example, if another vehicle pulls out in front of you while you’re riding a motor-driven cycle down a state highway, you have the right to bring a claim against the other driver.

Damages you may be able to pursue for a motorized bicycle accident include:

Economic damages: Direct and indirect expenses, including medical bills, out-of-pocket expenses, property damage, and lost wages.
Non-economic damages: Emotional or psychological pain caused by an accident, including suffering, mental anguish, and loss of enjoyment of life.
Punitive damages: While not common, punitive damages are sometimes awarded to accident victims as a means of punishing defendants who engage in extremely reckless or malicious behavior.

It is important to consider all of the ways in which an accident has disrupted or damaged your finances or quality of life when calculating how much compensation you should pursue. An experienced, qualified attorney can help you come to the right amount.

Speak to an Accident Lawyer Today

The nuances surrounding motorized bicycle laws in West Virginia can make or break a personal injury claim. To make matters worse, insurance companies will do whatever they can to pay out as little compensation as possible.

Our goal at Colombo Law is to help you recover the maximum compensation you deserve for the damages you have sustained. We are committed to protecting the rights of injured West Virginians while holding negligent parties accountable for their actions.