Can you get a DUI on a bicycle in Virginia?
However, you can still be ticketed for certain behaviors on a bicycle, and some of those behaviors are more likely to occur if you are drunk or drugged.
Is it illegal to wear headphones while riding a bike?
Who is required to wear a bicycle helmet?
We answer these questions and more, so read on to learn the basics about Virginia bike laws.
Is “Reckless biking” a charge in Virginia?
While bicycles are not “motor vehicles,” they are “vehicles” subject to most of the rules of the road, including the prohibition on reckless driving. And since being under the influence of drugs or alcohol makes you more likely to violate the law, it is a good idea to consider locking up your bike and catching a ride home with a sober driver.
Reckless driving a bike charges may include:
- Endangering life, limb, or property of yourself or someone else.
- Losing control of the bike because of faulty brakes.
- Failing to follow proper passing laws at railroad crossings.
- Passing a stopped school bus.
- Forgetting to give proper signals.
Can you get a ticket for not wearing a helmet in Virginia?
If you are 14 years old or younger and riding a bicycle—or if you are any age and riding a class 3 electric power-assisted device on any street, sidewalk, or public bike path—Virginia cities and counties can require you to wear a helmet.
In places where helmets are required, if you are caught without a helmet you can be ticketed $25. For your first offense, that fee usually gets waived. And if you purchase a legal helmet between the time you get the ticket and the time you have to pay it, the fee is usually waived as well.
For more on helmet laws in Virginia, see the Virginia bike helmet law.
What to do after a bike accident or bike crash in Virginia?
If you are in an accident where property is damaged or another person is injured or killed, you are required to stop. The police will take down your name and address and provide it to the other parties involved or the property owner.
If the accident isn’t bad enough for police to be called, and you have damaged someone’s property, you must leave a note for the property owner and/or make a reasonable effort to find the owner.
Some other good ideas for if you are involved in a bike crash or accident:
- Leave your bike in the same state it crashed in; if the police come, it will be best if the scene isn’t disturbed.
- Take pictures of the bike and any damaged property or injuries.
- Obtain contact information of any witnesses, and provide your contact information.
- If necessary, seek immediate medical attention.
- If a car or other vehicle is involved, do not negotiate with the driver; just get their information and provide to your insurance.
- Do not make any statement to insurance without first consulting a lawyer.
If you have been in a bike accident or bike crash in Virginia, please do not hesitate to contact Cook Attorneys. We can obtain the best possible outcome for you and help you know how to talk to your insurance company.
What are the Virginia bicycle laws regarding safety?
If you are cycling anywhere in Virginia, you must follow these safety rules:
- Do not carry anything that prevents you from keeping at least one hand on the handlebars.
- Do not carry more people than there are seats on the bicycle. The exception is if you have a child (5 years old or younger) securely attached in a special child’s bicycle seat or trailer.
- Do not attach yourself or your bike to any other vehicle on the roadway while you are on it.
- Do not wear earphones in both ears while riding a bicycle.
What is the Virginia Bicycling Safety Act?
As of July 1, 2021, the following things are true:
- Drivers of cars and other vehicles must change lanes to pass bicycles where there is not 3 feet of space between the car and the cyclist.
- Cyclists are allowed to ride two abreast (rather than in single file, like before).
- The government created a workgroup to look into the possibility of having cyclists treat stop signs as yield signs.
Conclusion
If you have been pulled over on a bicycle, or if you have been involved in an accident resulting in injury or property damage, our trained traffic lawyers are standing by to help you navigate the legal process.
Call Cook Attorneys any time to schedule a free consultation.
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