Who Is Eligible To File A Bike Accident Lawsuit In Virginia?

Riding a bicycle on Virginia roads can be an enjoyable way to exercise and appreciate the state's natural beauty. However, bicycle riders also face serious risks from negligent motorists. When a reckless driver causes a collision with a bicyclist, the injuries sustained can be catastrophic. Spinal cord damage, traumatic brain injury, broken bones, and road rash requiring skin grafts are just some of the harm that can result.  

Suppose you or a family member has suffered harm in a Virginia bicycle crash due to a driver's failure to exercise reasonable care. In that case, you may have grounds to pursue financial compensation. An experienced Virginia bike accident lawyer can assess the details of your case and advise you on the best legal strategies to recover damages. This article provides an overview of bicycle accident liability laws in Virginia to help you understand who may be eligible to file a lawsuit after this dangerous type of collision.

If you or a loved one has been injured in a bicycle accident that was caused by someone else in Virginia, you may have a right to financial compensation. Our team of personal injury attorneys is resourceful, experienced, and knowledgeable regarding your rights. To learn more about how we can help you, call Altizer Law today at 540.345.2000. 

Virginia laws relevant to bicycle collisions

Several sections under Title 46.2 of the Virginia Code address traffic laws about bicycle operation and accidents. These laws help determine fault and, therefore, eligibility for injury claims after a bike crash. 

Duty Of Due Care For Bicyclists

Section 46.2-894 clarifies that bicycle riders have the same rights and duties as drivers of motorized vehicles. So bicyclists must obey traffic signs, signals, right-of-way rules, and all other safety laws. At the same time, motorists owe bicyclists an equal duty of due care as they would to another vehicle. Failing to pass a bicycle at a safe distance or take other precautions to prevent a crash could expose a negligent driver to liability.

Contributory Negligence 

Virginia follows contributory negligence rules, meaning a bicyclist's own failure to exercise reasonable care could limit injury claim eligibility. But Section 46.2-895 also establishes that riding a bicycle without a helmet or reflective gear does not automatically constitute negligence. So, the absence of safety equipment alone should not bar an injury claim.

Limited No-Fault Insurance

Virginia has a modified no-fault auto insurance system. So Section 46.2-896 requires drivers to carry a minimum of $2,500 in MedPay coverage to help pay initial medical costs after an accident they cause. However, bicycle riders do not carry this no-fault coverage. If a driver's negligence harms a bicyclist, the victim can pursue additional damages beyond the driver's MedPay limit.

Who Can File A Virginia Bicycle Accident Lawsuit?

In light of the laws above, bicycle riders injured by a driver's negligence may have grounds for a personal injury claim or lawsuit. An experienced Virginia bike accident lawyer can fully evaluate claim eligibility based on case specifics. But in general, the following bicyclists could potentially take legal action:

Bicyclists Obeying Traffic Laws Before A Collision

Under Virginia law, cyclists must obey the same road rules as motorists. So, bicyclists violating traffic laws are likelier to share fault for causing crashes. However, riders who obey all traffic signals, signs, lane markings, and right-of-way rules before a collision have a stronger case for holding the negligent driver fully accountable. 

Even if a bicyclist makes a mistake, a driver must still avoid a crash whenever possible. So if a driver could have prevented the collision but failed to take evasive action, they can still bear primary fault.

Child Bicyclists

Children under age 14 cannot be found liable for negligent bike riding under Virginia law. So even if child riders disobey traffic laws, they can still pursue injury damages from a negligent driver. 

The driver would be responsible for preventing crashes with child bicyclists whenever possible. So, children seriously harmed by negligent motorists have strong grounds for bicycle accident claims through their parents or legal guardians.

Bicyclists Struck By Drunk, Distracted, Or Reckless Drivers

Some of the most catastrophic bicycle collisions involve excessively reckless driving behaviors like drunk, distracted, or aggressive driving. These extreme violations of traffic safety demonstrate clear negligence by the motorist.

So bicyclists severely injured by drunk drivers, texting drivers or hostile, road-raging drivers have obvious grounds for holding the motorists fully accountable. These victims often face millions in lifetime medical costs and lost income, so litigation is necessary to pursue fair compensation.

Bicyclists Injured By Drivers Violating 3-Foot Passing Laws 

Virginia has a safe passing law requiring motorists to allow at least 3 feet of clearance when passing a bicycle on the road. Drivers who fail to move over and cause devastating collisions act negligently. So, injured bicyclists have solid premises for lawsuits against these drivers.

Even in cases where 3 feet was not possible, drivers must pass at cautiously slow speeds. If an unsafe pass at high speed causes severe bicyclist injuries, the victim still has a strong claim against the negligent motorist.

Bicyclists Injured Due To Poor Road Maintenance

Sometimes negligent road design, maintenance, or signage rather than driver error causes bike crashes leading to serious harm. For example, a deep pothole on a curved road could send bicyclists carelessly into traffic. Or missing warning signs about an upcoming intersection could lead a bicyclist to ride into peril.  

In these scenarios, injury victims may have strong premises for lawsuits against government agencies for failing to correct road hazards. Claims against contractors responsible for faulty road repairs are also a possibility.

In any bicycle crash causing catastrophic injuries in Virginia, an experienced personal injury attorney can help assess who may share fault under state liability laws. There are often solid grounds for holding negligent parties fully accountable for victims’ immense financial and emotional suffering.

Steps To Take After A Virginia Bicycle Accident 

Your actions immediately after a bicycle crash can impact your eligibility and ability to hold negligent parties accountable. So it is important to know the proper next steps while awaiting medical treatment at the scene:

Seek Emergency Medical Care

Immediately call 911 to access EMS services after any bicycle collision. Adrenaline and shock can initially mask symptoms, so always get checked out at the ER, even for minor crashes. Failure to promptly treat certain injuries can cause medical complications and undermine your future injury claim.

Notify Law Enforcement  

Ask witnesses or first responders to call the police while you await transport to the hospital. A formal crash report is crucial for documenting important evidence like vehicle damage, skid marks, debris scatter, and traffic control devices. Eyewitness statements to police also carry significant evidentiary value.

Collect Contact And Insurance Details

If possible, exchange contact and insurance information with all drivers involved in the incident. Also, get witness names, phone numbers, and addresses at the scene. Record identifying details like the vehicle plate number and description in hit-and-runs. This information assists in identifying defendants for injury claims.  

Record Evidence 

Use your cellphone to take photos of the vehicle damage, roadway hazards, traffic signs or signals, and any other evidence before it gets changed or erased. Also, photograph visible crash injuries as soon as possible. All this photographic proof will further strengthen your future injury claim.

Avoid Damaging Statement

While at the scene, avoid making any recorded or written statements admitting sole fault for the crash to others involved. The fault is complicated after bicycle crashes and often shared, so never assume you were entirely to blame until consulting with a Virginia bicycle accident lawyer. Any admission against your interests could undermine your future claim options.  

Finding Skilled Legal Help After A Bicycle Crash 

Hiring an experienced Virginia bicycle accident attorney is essential for protecting your right to fair compensation after a devastating collision. Consider the Altizer Law team for dedicated legal representation based on years of success with bike crash cases. Schedule a free case review today for professional insight into your best financial and emotional recovery path.

Frequently Asked Questions About Bicycle Collision Lawsuits 

Riding a bike can be an eco-friendly and stimulating form of recreation and transportation. However, bicyclists face serious injury risks from negligent motorists on Virginia roads. After a devastating bicycle crash, injury victims often have many pressing legal questions. An experienced Virginia bike accident lawyer can guide in these difficult circumstances. Common FAQs include:

1. Do I Need A Lawyer To File A Virginia Bicycle Accident Lawsuit? 

You do not require legal representation to file a bicycle injury lawsuit in Virginia civil court. However, pursuing fair recovery for catastrophic injuries on your own is extremely difficult for several reasons:

• Complex legal procedures and stringent deadlines govern injury litigation from start to finish  

• Adjusters almost always make unreasonably lowball offers they expect unrepresented victims to accept

• Proving liability and damages requires extensive evidence and persuasive legal arguments most laypeople do not possess  

• Skilled defense attorneys fight hard to undermine injury claims and limit payouts

So, while you can technically file suit without an attorney, your likelihood of a sufficient recovery plunge. Retaining an experienced bicycle accident lawyer levels the playing field against defenses keen to exploit your lack of legal experience otherwise.

2. What Damages Can A Virginia Bicycle Accident Lawsuit Recover?

Injury lawsuits do not just seek recovery for immediate medical bills. With skilled legal representation from a dedicated Virginia bike accident attorney, victims can also pursue compensation for  

• Future medical treatment and assistive care 

• Lost income, reduced earning capacity, and lost fringe benefits

• Pain and suffering, mental anguish, and reduced quality of life

• Disability accommodations and modifications  

• Loss of companionship damages in wrongful death claims

So, while vehicles and property have a fixed value, there is no actual cap on damages for the immense suffering of traffic violence survivors. Lawsuits aim to compensate these losses rather than unjustly enrich victims relatively.

3. Can I Still Recover Damages If I Was Partly At Fault For My Virginia Bicycle Accident?  

Yes, Virginia utilizes pure contributory negligence doctrines for bicycle collision lawsuits. So, even a 1% fault by the plaintiff bicyclist technically serves as a total bar to financial recovery.  

However, an exception known as the last clear chance may still allow partial recovery. For example, say a bicyclist improperly turns, and a negligent driver still has reasonable time to avoid striking the rider but fails to do so. The bicyclist could recover reduced damages.

An experienced Virginia bike accident lawyer thoroughly investigates fault issues to maximize claim eligibility under contributory negligence rules. So, early case review is essential for understanding realistic outcomes.  

4. What Are Common Defenses In Virginia Bicycle Accident Lawsuits?

Insurance carriers almost permanently deny all liability for bicycle collision injuries on behalf of their drivers. Common reasons cited to limit or contest damages include:

• Contributory negligence by the bicyclist 

• Unforeseeable road hazards outside driver control  

• The severity of injuries allegedly exaggerated  

• Preexisting medical conditions also caused harm

• Life impact damages claimed to exceed reasonable amounts  

Top bicycle accident lawyers anticipate these arguments. Through extensive evidence and skillful negotiation tactics, they can typically overcome unreasonable defenses to secure maximum compensation.

5. How Long Do I Have To File A Bicycle Accident Lawsuit In Virginia? 

Virginia law has strict statutes of limitations dictating required legal action deadlines:

• Personal injury claims: two years from the bicycle crash date  

• Wrongful death claims: two years from the date of death

• Claims against Virginia government bodies: One year from the crash date

So, meeting with a qualified Virginia bike accident attorney quickly is imperative—you want your case underway well before time expires. This avoids complications, proving your right to sue for additional damages was preserved promptly.

Hiring a Dedicated Virginia Bicycle Accident Lawyer

If you or a loved one suffered severe injuries in a Virginia bicycle crash caused by someone else’s apparent negligence, swift legal action is necessary to pursue fair recovery. But winning just compensation depends on making intelligent choices right away—and an attorney referral is your most crucial decision after medical care.   

Not all personal injury firms have genuine skills and commitment to representing vulnerable bicyclists against aggressive insurance defenses. The Altizer Law bicycle accident legal team draws from decades of focused experience, winning results in these challenging cases. 

Altizer Law has navigated multiple personal injury claims throughout the years and helped our clients win their settlements. Call our team of experienced and results-driven lawyers today at 540.345.2000 for your free consultation.