How Does Contributory Negligence Affect Pedestrian and Bicycle Accidents in Virginia?

Legally speaking, more than one person can be to blame for a pedestrian or bicycle accident. In some cases, the bicyclist or pedestrian may share some of the fault for the accident. When that occurs, Virginia’s doctrine of contributory negligence may prevent an injured cyclist or pedestrian from seeking compensation, no matter how small their share of fault for the collision. Because of the harsh effects of the contributory negligence rule, you need skilled legal counsel to protect your right to the money you deserve.

Are There Any Exceptions to the Rule of Contributory Negligence?

Under Virginia’s contributory negligence doctrine, an injured party cannot recover compensation at trial if the court finds them to be in any way responsible for their injuries. Even if you bear only one percent of the fault for the bicycle or pedestrian accident that injured you, the contributory negligence rule will prevent you from recovering compensation from the other at-fault party.

While the contributory negligence rule is a harsh one, it does have certain exceptions, including the following:

• Young children – Courts may not impose the contributory negligence rule against young children because they lack the maturity and intelligence to anticipate the consequences of their actions.
• Intentional or reckless conduct – A defendant who causes an accident through their intentional or reckless conduct may not get to enforce the contributory negligence rule against an injured party whose negligence also contributed to the collision. This is because deliberate or especially reckless behavior represents a worse form of fault than ordinary negligence.
• Last clear chance – Under the last clear chance doctrine, an injured party whose negligence contributed to the crash may still recover compensation if the defendant alone could have prevented the accident, had an obvious opportunity to avoid it, and failed to do so.

How Is Fault Determined in a Pedestrian or Bicycle Accident?

After a pedestrian or bicycle accident, a thorough investigation may be necessary to uncover the evidence that can determine who is at fault. Our Roanoke bicycle accident lawyer can help. This evidence might include:

• Police crash reports
• Accident scene photos and videos
• Surveillance camera, traffic camera, dash cam, or helmet cam footage
• Eyewitness testimony
• Vehicle event data recorder (“black box”) logs
• Cell phone records
• Accident reconstruction expert reports and testimony

How Can a Pedestrian or Bicyclist Be Partly At Fault for an Accident?

A cyclist or pedestrian might be partly at fault for an accident that occurred due to negligence on their part. Contact our Roanoke pedestrian accident lawyer today. Here are some examples:

• Speeding by a bicyclist
• A cyclist failing to signal before turning
• Cycling or walking through red lights or stop signs without checking for traffic in the intersection
• Failing to yield the right of way
• Crossing the street outside a crosswalk or intersection without yielding to oncoming traffic
• Giving into distractions, such as looking at a cell phone or listening to music on headphones
• Being intoxicated by alcohol or drugs
• Walking or cycling on roads prohibited to cyclists or pedestrians, such as limited access highways or interstates

Will Contributory Negligence Apply to a Bicycle Rider Who Wasn’t Wearing a Helmet?

Virginia law expressly states that a bicycle rider’s failure to wear a helmet, even when required to do so by state or local law, cannot serve as evidence of contributory negligence or assumption of the risk. Not wearing a helmet cannot prevent an injured rider’s right to file a bicycle accident claim or reduce their financial recovery. The lawyer representing a driver who hit a cyclist who was not wearing a helmet may not comment on that fact in a bicycle accident lawsuit.

This means that, even if a bicycle rider suffers head or traumatic brain injuries in a collision with a motor vehicle, the driver who caused the accident cannot use the rider’s failure to wear a bicycle helmet to invoke the contributory negligence doctrine and bar the rider’s right to recover compensation for their injuries.

Does Contributory Negligence Apply to a Pedestrian Who Was Walking Outside a Crosswalk?

Virginia law explicitly requires pedestrians to cross a road at an intersection or marked crosswalk wherever available. A pedestrian who crosses outside a crosswalk or intersection where the road has one available may bear some negligence.

This behavior could bar their right to financial recovery under the contributory negligence rule – especially if the pedestrian fails to check for oncoming traffic or enters the roadway so close to a vehicle that the driver cannot avoid the collision. However, when crossing at an intersection without a marked crosswalk, a pedestrian will not bear negligence if they cross by the most direct route.

How Can a Personal Injury Lawyer Protect Your Claim?

If you’ve been injured in a bicycle or pedestrian accident, a personal injury lawyer can assert your rights to seek financial compensation by:

• Investigating the accident to recover all available evidence that can help prove the driver’s complete fault for the crash
• Documenting your injuries and losses to determine what amount of compensation you need
• Evaluating your legal options for financial recovery, including identifying applicable insurance coverage
• Filing your claims and handling communications and negotiations with insurers
• Working with accident reconstruction experts to build a compelling case against claims that you bear some responsibility for the accident
• Advocating for your rights and interests in negotiations and at trial should litigation become necessary to pursue the financial relief you deserve

Contact a Virginia Personal Injury Lawyer

Were you hurt in a bicycle or pedestrian accident in Virginia? If so, you need experienced legal counsel to try to prove you are in no way to blame for your injuries so that you can seek full and fair compensation. Contact Lichtenstein Law Group PLC today for a free, no-obligation consultation with one of our Virginia personal injury attorneys to discuss your legal options.

We have nearly 100 years of combined experience, along with the dedication, knowledge, and resources needed to build a compelling case against the person who injured you. We prepare meticulously for trial, allowing us to aggressively negotiate for a fair settlement or fight for a verdict in your favor. Reach out today to find out how we can put our skills to work for you.

John E. Lichtenstein

John E. Lichtenstein is a founding member of Lichtenstein Law Group, PLC, with more than three decades of experience as a trial lawyer. A graduate of the University of Virginia School of Law, John has successfully resolved hundreds of cases on behalf of his clients, including some of the largest jury verdicts and settlements in Virginia history. He has also served his profession, including serving as President of the Virginia Trial Lawyers Association in 2015-2016 and as Chair of the Virginia State Bar Criminal Law Section in 2007-2008.