How Does Virginia Law Determine Fault in Bicycle Accidents?

Virginia determines fault in bicycle accidents according to the principle of contributory negligence. This rule prevents the bicyclist from recovering damages if the collision was partially their fault. Even a slight mistake can bar the bicyclist from collecting any compensation.

To determine fault in bike accidents, a Virginia court will assess whether either party acted negligently. It will deny compensation if the injured party was negligent in any way.

For instance, if the bicyclist forgot to signal before turning or failed to follow any other road rules, then Virginia law would prevent them from recovering compensation for their injuries. To win a personal injury case after a bicycle accident, your lawyer must prove that the other driver was solely responsible for what happened.

What Types of Evidence Can Be Used to Prove Who Was Responsible for the Accident?

Why does Virginia follow such a strict negligence doctrine compared to other states? According to the University of Richmond Law Review, Virginia’s contributory negligence doctrine is a matter of common law rather than statute, meaning it is based on judicial decisions rather than legislation. Unless Virginia changes its laws, injured bicyclists must prove that the driver was solely at fault before they can obtain compensation for bicycle accident injuries.

Fortunately, an experienced bicycle accident lawyer will know how to assemble the evidence needed to prove the driver’s liability. Types of proof that can be used to show who was responsible for the crash include:

• Traffic videos showing what happened
• Photographs of the accident scene, traffic lights, road signs, damage to the bicycle, and the bicyclist’s injuries
• The damaged bicycle
• Police reports about the accident, which will include the officer’s opinion about who was at fault but can only be used as evidence in insurance settlements and are not allowed as evidence in court
• Medical records
• Expert accident reconstruction

Can the Cyclist Be At Fault for the Accident That Caused Their Injuries?

A cyclist can be partially or fully at fault for the crash that caused their injuries. Careless bicycle use is just as dangerous as negligent driving, but most of the danger is to the bicyclist. In a collision between a bicycle and a car, the cyclist will always be much more vulnerable.

Bicyclist errors that can lead to an accident include:

• Riding against the direction of traffic
• Turning without signaling
• Riding at night without reflectors or lights
• Ignoring stop signs and traffic signals
• Failure to yield when appropriate

Even if you were severely injured in the collision and the vehicle driver was mostly at fault for what happened, you likely cannot recover compensation in Virginia if you made any of these common errors.

Avoiding these kinds of mistakes will reduce your chances of getting injured in an accident in the first place. You should always bike according to common sense safety rules to reduce risk. Doing so will also make it much easier to seek compensation if you are in a bike wreck.

What Are Some Virginia Bicycle Laws That Cyclists Must Follow?

Virginia requires bicyclists to follow most of the same rules as cars, but they can do a few things cars cannot. According to the Virginia Department of Motor Vehicles (DMV), bicyclists:

• Can ride on the road or on sidewalks and trails
• May not ride on interstate highways or roads posted to prohibit bicycles
• Must ride in the same direction as traffic when on the road
• Must obey all road signs, markings, and traffic lights
• Must signal when turning, using hand signals
• Should ride in a way that is predictable to nearby drivers
• Should always remain aware that drivers may not be able to see them, especially when passing

When on the road, bicyclists must follow the same traffic laws as motor vehicle drivers. When they are on a sidewalk or a trail, they are treated as pedestrians. Other than following the rules of the road, the single most important thing to remember is how vulnerable you are on a bicycle.

What Are the Common Causes of Bicycle Accidents in Virginia?

Common causes of Virginia bicycle accidents include:

• Distracted driving, including texting and talking on the phone
• Speeding
• Failing to yield at an intersection
• Driving under the influence of alcohol or drugs
• Failing to give the bicyclist at least three feet of space while passing them
• Limited visibility due to poor weather conditions

Can a Cyclist Claim Damages After a Virginia Bicycle Accident?

A cyclist can seek compensation for damages after a Virginia bicycle accident. However, to recover those damages, they will need to prove the driver’s liability. Damages you can claim after a bike accident in Virginia include:

• Medical expenses, both current and future
• Lost income, including wages and earning capacity
• Pain and suffering
• Disfigurement or disability

A skilled Virginia bicycle accident attorney can review your claim and help determine what fair compensation looks like in your specific case.

Contact a Virginia Bicycle Accident Lawyer

Don’t wait too long to contact a Virginia bike accident attorney. The Virginia statute of limitations generally allows an injury victim two years from the date of the collision to file a lawsuit against the at-fault party. Your attorney will need enough time to conduct a proper investigation and negotiate with the insurance company before filing suit.

How do you choose the right personal injury lawyer for your bicycle accident case? You should pick an experienced attorney with a history of taking cases to trial. The insurance companies know that some lawyers are more willing to go to trial than others, and they do not want to risk losing a trial and leaving the final award up to a jury.

Lichtenstein Law Group PLC is an aggressive litigation firm based in Roanoke, Virginia, with nearly a century of combined experience. We have recovered significant settlements and jury awards in challenging cases on many occasions, and we aren’t afraid to take cases to trial. Our meticulous investigations and willingness to go to court leave us in a strong position to negotiate with the insurance companies. Contact Lichtenstein Law Group PLC today for your free consultation.