Riding your bike is a great way to exercise, commute, or explore Arlington and the greater Washington, D.C. area. But bicycling in a busy city comes with plenty of dangers. Statistics from the Virginia Department of Motor Vehicles show that bicycle accidents send hundreds of people to the hospital every year with serious and fatal injuries, especially in urban areas.
Bicycle accidents are often more dangerous than car accidents. Even though cyclists have the right to share the road with vehicles, they are at a disadvantage because they are harder for drivers to see and hear than cars are. When an accident does occur, cyclists can be far less protected than those inside a vehicle and can often suffer worse injuries.
If you suffered injuries while cycling in Arlington, you could have a valid personal injury claim against the party that caused your accident. Contact Marks & Harrison today with a free consultation with an experienced bicycle accident lawyer in Arlington.
What Are Virginia’s Laws Regarding Bicyclists?
The Virginia Department of Transportation (VDOT) summarizes the laws governing bicyclist rights and responsibilities, as found in Title 46.2 of the Virginia Code.
Cyclists must adhere to the same traffic laws as a driver, including following signals or signs at guided intersections. Bicyclists must also:
- Ride with the flow of traffic on the right side of the road, except when passing another car, turning left, or attempting to avoid a dangerous situation
- Yield to vehicle and pedestrian traffic with the right of way
- Yield to pedestrians when traveling on a path, trail, or roadway
- Travel in the rightmost lane of a multi-lane road or highway
Similarly, drivers must respect bicyclists by obeying the rules of the road. For example, a driver should not open a car door next to moving traffic without ensuring it is safe. Doing this can prevent dooring accidents, where bicyclists flip over because a driver opens their door without checking first.
Does Arlington Require Bicyclists to Wear a Helmet?
Bicyclists aged 14 and under must wear a bike helmet in Arlington County. However, the Commonwealth of Virginia has no laws regarding helmet use, with limited exceptions for riders of electric bicycles.
Although you have the legal right not to wear a helmet if you are over 14, neglecting one can significantly increase your chances of a traumatic brain injury (TBI) if you are in an accident. According to Consumer Reports, 78 percent of adults and 88 percent of children who suffered neck and head injuries in bicycle crashes in a 10-year period were not wearing helmets at the time of injury.
Are Electric Bicycles Regulated Differently Than Regular Bicycles?
Under Virginia law, electric bicycles are classified as vehicles. Their riders are subject to the same rules and rights as traditional bicycle riders. One exception is that operators of Class 3 electric, power-assisted bikes must wear helmets.
Is it Illegal to Ride a Bicycle on the Sidewalk in Arlington?
No, it’s not illegal. A bicyclist may travel on sidewalks or other walking trails in Virginia. However, the riders must yield to pedestrians on the same path. A cyclist has the same rights as pedestrians when traveling on shared-use paths, sidewalks, and crosswalks.
Is it Illegal to use earphones while riding a bicycle in Arlington?
Yes, if the earphones are on or in both ears. Under Virginia law, it is illegal for any person to operate a bicycle on the Virginia highways while using earphones on or in both ears.
What are Some Types of Bicycle Accident Injuries?
The U.S. Centers for Disease Control and Prevention (CDC) estimates that over 130,000 cyclists are injured in collisions yearly, and approximately 1,000 cyclists die in fatal crashes. Bike accident injuries are often serious because the cyclist has direct impact with the road, vehicle, tree, or other obstacle when a wreck happens.
Scrapes and bruises are common minor bike accident injuries. However, a rider hit by a car could suffer more severe injuries, such as:
- Broken bones
- Total or partial paralysis
- Road rash
- Neck and spine injuries
- Traumatic brain injuries
- Facial disfiguration
- Internal organ damage
Many cyclists suffer multiple serious injuries in a collision, which means recovery can be long, painful, and expensive. An Arlington bicycle accident lawyer can help you negotiate a settlement to recoup the costs of your medical treatment and other losses if you’ve been hurt.
What are Common Causes of Bicycle Accidents in Arlington?
One of the most common causes of a bicycle accident is an inattentive or careless driver. Texting and driving, driving under the influence, or even changing the station on the radio can cause a driver to look away from the road for a moment and not see the smaller profile of a person on a bike.
Other common reasons for a bike accident include:
- Dooring
- A driver’s failure to yield the right of way
- Hit-and-run collisions
- Aggressive driving
- Road rage
- Poor road conditions
- Inclement weather
- Mechanical or design problems with the bike
Determining the cause of the accident will pinpoint the party(s) responsible for the wreck. For example, a driver whose phone records show they were texting at the time of the collision could be the at-fault party. A municipality responsible for maintaining the roads could be held responsible for an accident caused by a dangerous or poorly designed roadway. A knowledgeable bicycle accident attorney will determine all liable parties and demand compensation from all possible sources.
What Steps Should I Take After a Bicycle Accident?
Your health and safety come first. Bumps and bruises may be apparent after a crash, but don’t discount the possibility of “hidden injuries” like a concussion. Even if you don’t feel seriously hurt, seeking prompt medical attention is a smart first step to protect your health and legal rights.
Your actions in the days and weeks that follow may significantly affect the outcome of your claim. You should:
- Follow your doctor’s orders – Your medical records serve as vital evidence to prove that your injuries were related to the bicycle accident. The records can also show the severity of your injuries. Follow your treatment plan exactly as prescribed, not only for your health but to ensure you can make the best possible case for compensation.
- Don’t talk to the insurance company – The other party’s insurance company will look for any reason to deny your claim. A seemingly innocent statement could be twisted into you admitting fault for the crash. Your attorney can handle all talks with the insurance company.
- Document everything – If you miss work because of your injuries, keep records of how many days you missed and the amount of your lost wages. Keep a diary noting how your injuries impact your ability to care for your family, go to school or work, or care for yourself.
- Consult an Arlington bicycle accident lawyer – Your attorney can answer your questions, advise you of your legal options, negotiate with the insurance company, and handle any court filings so you can rest and recuperate.
How Do You Prove the Other Person Was Responsible for the Accident?
Proving the other party was responsible for the crash and liable for your injuries is essential for a successful outcome in a bicycle accident injury claim. To show that the other party was at fault, your lawyer must show the other driver was negligent. They can collect evidence showing the at-fault party failed to uphold their duty to keep all road users safe. Then, they must show that this failure caused the bicycle accident and that you suffered harm as a result. Finally, your lawyer must show that you suffered actual losses that can be remedied by full and fair compensation.
What Damages Can I Recover in a Bicycle Accident Claim?
In Virginia, bicycle accident victims can seek compensation for all losses from a crash. These losses are primarily broken down into two categories called economic and non-economic damages.
Economic damages account for the quantifiable losses you suffered, like medical bills, time missed at work, reduced earning capacity, and property damage. Non-economic damages represent intangible losses. The money is meant to make up for your pain and suffering, emotional trauma, and other serious losses, such as the effects of a disability, disfigurement, or quality of life.
Generally, the more severe your injuries, the more your case is worth. Many other factors go into determining how much compensation you could receive, such as:
- Whether you were partly at fault for the bicycle accident
- If you are permanently disabled as a result of the crash
- The at-fault party’s insurance policy limit
It’s important to know that Virginia is a contributory negligence state. This harsh law prevents accident victims from recovering compensation if they are just one percent at fault for an accident. A bicycle accident lawyer from Marks & Harrison can build a rock-solid case proving the other party’s fault and protecting your right to compensation.
Can I Still Recover Compensation If I Was Not Wearing a Helmet?
Yes. Under Virginia law, the bicycle rider’s failure to wear a helmet doesn’t constitute negligence, cannot be entered into evidence, nor can it be used to reduce the injured party’s compensation.
Does Virginia Have a Statute of Limitations for Filing a Bicycle Accident Lawsuit?
Yes. Virginia’s statute of limitations for bicycle accident claims is two years from the date of the accident. If you don’t file suit by the deadline, your case will almost certainly be dismissed, no matter how strongly the facts are in your favor.
Contact an Arlington Bicycle Accident Lawyer
Did you sustain injuries in an Arlington bike crash? Marks & Harrison is a respected personal injury firm with lawyers who know what it takes to craft a legal claim that wins. Contact us today for a free consultation.
