Auto Accidents

West Virginia teenagers face restrictions on driving rights effective July 10, 2009.

By The Wolfe Law Firm2 min readUpdated: October 2026 | Reviewed by Legal Team

According to the West Virginia Insurance Commissioner in 1997, five thousand six hundred ninety-seven (5,697) teens died in the United States due to motor vehicle car crashes. Thirty-six percent of all deaths of 16-19 year-olds out of all causes were related to motor vehicle accidents. In an effort to protect teens from the serious injuries that can result from car accidents, the legislature has enacted new laws concerning teenage drivers.

The Department of Motor Vehicles requires that under the new law, level 2 (intermediate) drivers may only drive unsupervised (by a licensed adult age 21 or older) between the hours of 5:00 a.m. and 10:00 p.m. Under the old law the unsupervised time extended up to 11:00 p.m.
Under level 2 (intermediate) drivers may not have any unrelated passengers under the age of 20 for the first six months after they pass the Road Skills test and are limited to only one unrelated passenger under the age of 20 for the next six months.
The current law prohibiting Level 1 (instruction permit) and Level 2 (intermediate) licensed holders from using any handheld cell phone or text messaging device.

These law can be enforced as a primary offense meaning law enforcement can stop and ticket a teen driver without an accompanying violation to justify the stop.
The number of hours of certified driving experience is now 50 hours, 10 of which must be at night. This is a requirement to be eligible to take the Road Skills test for moving up to the Level 2 (intermediate) driver's license.
In order to know the new requirements, all new drivers need to contact their local DMV and obtain copies of the new requirements for teenage drivers.

Key Legal Takeaways & Summary

Essential West Virginia Legal Principles Established in This Case:

  • •This analysis of "West Virginia teenagers face restrictions on driving rights effective July 10, 2009." highlights the essential legal protections and obligations established under West Virginia civil and statutory law.
  • •Under West Virginia's modified comparative negligence framework (W. Va. Code § 55-7-13a), an injured motorist may recover damages provided their degree of fault does not exceed 50%.
  • •Preserving physical evidence—including vehicle electronic data recorder (EDR) logs, witness statements, and accident reconstruction data—is vital immediately following a collision.

Frequently Asked Questions

Common questions and legal analysis regarding claims under West Virginia law:

What steps should I take immediately after a motor vehicle accident in West Virginia?

Seek prompt medical attention, ensure law enforcement completes an official crash investigation report, document scene photographs, and avoid providing recorded statements to insurance adjusters before consulting counsel.

How does comparative fault affect car accident settlements in West Virginia?

West Virginia follows the 51% bar rule: if a driver is determined to be 20% at fault, their total damages are reduced by 20%. If they are found 51% or more responsible, recovery is completely barred.

Injured in West Virginia?

Don't wait to get the legal representation you deserve. Contact our experienced attorneys today for a free case evaluation.

Call (800) 559-8765