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Under Virginia Law, bicycle riders have the same rights and responsibilities* as anyone else on the road. Unfortunately, many drivers ignore the rights of cyclists, which often leads to severe injuries when a driver collides with a bicycle.

If you sustained injuries from a crash while riding a bike in Charlottesville, trust Lichtenstein Law Group to protect your rights and help you recover fair compensation. With over 100 years of combined experience, our Charlottesville bicycle accident lawyers know what it takes to win these cases and get you the money you need. We’ll handle all the legal work so you can concentrate on healing, and you don’t owe us any fees unless you recover compensation.

Call now or complete our contact form for a free, no-obligation consultation and case review with a Charlottesville bicycle accident attorney.

What Are the Most Common Causes of Bicycle Accidents in Charlottesville?

Some common causes of bicycle accidents in Charlottesville include:

  • Distracted driving
  • Drivers or passengers opening car doors without checking
  • Speeding
  • Driving under the influence
  • Unsafe passing
  • Failing to check blind spots
  • Ignoring traffic signs and signals
  • Poorly maintained roads
  • Aggressive driving

What Is the Most Common Cause of a Charlottesville Bicycle Collision?

While local and state authorities don’t have detailed data on the most common cause of bicycle accidents in Charlottesville, figures from the National Highway Traffic Safety Administration (NHTSA) indicate that among driver-related factors, failing to yield the right-of-way is the most common cause of bicycle collisions nationwide. (See Table 105.)

This research aligns with data from the Virginia Department of Transportation, which reports that over 50 percent of bicycle accidents statewide involved no improper action by the cyclist.

What Injuries Occur Most Often in a Bicycle Accident?

Common injuries from bicycle accidents in Charlottesville include:

  • Concussions and other traumatic brain injuries
  • Spinal cord injuries, including complete or partial paralysis
  • Ruptured discs and other back injuries
  • Broken bones
  • Road rash
  • Sprains, strains, and other soft-tissue injuries
  • Scarring and disfigurement
  • Internal bleeding
  • Internal organ injuries
  • PTSD and other mental health conditions

What Should You Do After a Bicycle Accident in Charlottesville?

The first steps to take after a bicycle accident in Charlottesville are to report the crash to the police and seek medical attention.

Follow these steps to guard your health and right to compensation after your bicycle accident:

  • Preserve Evidence – Keep your damaged bicycle, helmet, and clothing. These items can serve as crucial evidence for your claim.
  • Avoid Admitting Fault – Be careful about what you say to anyone involved, to insurance adjusters, or on social media. Even casual remarks can be misinterpreted and hurt your insurance claim or lawsuit.
  • Request a Copy of the Police Report – The official accident report is an essential document. Review it for accuracy and keep it for your case.
  • Track Medical Treatment – Maintain detailed records of all medical care, including doctor visits, treatments, prescriptions, and therapy sessions. These records show the extent of your injuries and demonstrate the financial toll of the crash.
  • Keep a Journal – Document how the accident has affected your daily life. Note physical pain, emotional distress, and activities you can no longer enjoy or participate in.
  • Consult a Charlottesville Bicycle Accident Lawyer – An attorney can help protect your rights, evaluate your claim, and guide you through the process of pursuing compensation.

How Do You Prove Who Is At Fault in a Charlottesville Bicycle Accident?

To prove who is at fault for a Charlottesville bicycle crash, you must provide evidence showing how a driver or another liable party failed to take reasonable steps to avoid causing the collision (and your resulting injuries).

Common types of evidence in Charlottesville bicycle accident cases include the following:

  • Photos and Videos – Images of the accident scene, damage to the bicycle, and injuries can establish what happened. For example, skid marks or a vehicle’s position may show a driver’s failure to yield the right-of-way to you even though they were supposed to.
  • Witness Statements – Testimony from people who saw the accident can provide critical insights. For instance, witnesses might confirm that the driver was speeding, distracted, or failed to check their blind spot.
  • Police Reports – These official documents often include the officer’s observations, any citations the officer issued, and a preliminary assessment of fault. A report stating the driver ran a red light, failed to yield the right-of-way, or was otherwise negligent can be key evidence.
  • Traffic Camera or Dashcam Footage – Video recordings can show the exact moment of impact, proving the driver’s negligence, such as failing to stop at a crosswalk or intersection.
  • Driver Cell Phone Records – These records may indicate the driver was texting or using their phone at the time of the crash, demonstrating distracted driving.
  • Accident Reconstruction – Experts can analyze evidence like vehicle damage and road conditions to recreate the accident, illustrating how the driver caused the collision.

What Types of Compensation Could You Receive for a Bicycle Accident Claim in Charlottesville?

A Charlottesville bicycle accident lawyer can help you recover compensation for many of the losses you sustained from the crash, such as:

  • Current and future medical expenses related to the collision
  • Lost income and reduced future earnings due to the crash
  • Diminished quality of life due to an injury or disability
  • Pain and suffering
  • Emotional distress
  • The cost to repair or replace your bicycle or other damaged property

Could a Bicycle Rider Be Partly At Fault for the Accident That Caused Their Injuries?

There are situations where cyclists are partly responsible for a crash that caused their injuries. For example, if a cyclist darts into the street outside a crosswalk and leaves a driver with little or no time to stop, the cyclist could be partly liable for a collision.

The issue with these incidents is Virginia’s contributory negligence law. Virginia is one of only a handful of states that uses a pure contributory negligence system in personal injury cases, meaning a cyclist can’t recover any compensation if they’re partly responsible for a crash. Working with a Charlottesville bicycle accident attorney is crucial for preserving your right to compensation if a driver or other party tries to blame you for a crash.

Is There a Time Limit for Filing a Bicycle Accident Claim in Virginia?

Under Virginia law, you must file a bicycle accident lawsuit within two years of the crash in most circumstances. Talk to a lawyer as soon as possible to give yourself the best possible chance of recovering fair compensation for your injuries.

Contact a Charlottesville Bicycle Accident Lawyer

Ready to speak to a Charlottesville bicycle accident lawyer about your case? Call Lichtenstein Law Group now or reach out online for a free, no-obligation case evaluation.

*rights and responsibilities