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Biking is a great way to exercise, commute to work, save money on gas, and avoid traffic. Unfortunately, drivers do not always give cyclists the respect they deserve, which often leads to accidents. Though drivers may get by relatively unscathed in the event of a bicycle accident, the complete exposure of bicyclists to the full force of collisions leaves them at much higher risk of suffering severe injuries and death.
If you were hurt in a bicycle accident at no fault of your own, the legal team at Marks & Harrison is ready to help you pursue the full and fair compensation you are entitled to. Since 1911, our firm has been committed to helping injured Virginians fight for accountability and justice. Let us put over a century of experience to work for you. Contact us today to schedule a free consultation with a knowledgeable Alexandria bicycle accident lawyer.
What Are the Most Common Causes of Bicycle Accidents?
Most bicycle accidents are caused by some form of human error. In many cases, various factors come together to give rise to a bicycle accident. Common factors we see in cases we handle include the following:
- Distracted driving – Drivers distracted by phone calls, texting, GPS, and other vehicle occupants may crash into bicyclists next to them or crossing the street ahead.
- Speeding or going too fast for road conditions – As we all know, speeding is risky and illegal behavior to be avoided. The faster a vehicle travels, the longer it will take to stop. The force of impact in a collision also correlates upward with speed. Because bicyclists are completely exposed to the full force of a crash, bicycle accidents involving speeding drivers are especially dangerous.
- Failing to yield – Virginia traffic regulations clearly state that cyclists have the same right to the road as any other vehicle operator. Failure to obey this rule, including by not yielding the right of way, is a common cause of bicycle accidents.
- Impaired driving – Drugs and alcohol impair judgment and reaction time. Of course, this increases the risk of causing auto accidents, including those involving bicyclists.
- Drivers riding too close to cyclists – State law says drivers must give cyclists at least three feet of space when passing. A driver who comes too close can bump into a cyclist. Even at low speeds, this can lead to dangerous crashes.
- Opening their doors without looking for cyclists – “Dooring accidents” occur when vehicle occupants open their doors without checking for oncoming bicyclists. The ensuing crash can result in serious injuries.
- Drowsy driving – Driver fatigue impairs judgment and response time similarly to alcohol. Research from the National Safety Council (NSC) shows that going more than 20 hours without sleep has an equivalent effect to a blood-alcohol concentration (BAC) level of 0.08 percent, the legal limit in Virginia. This factor comes into play most often in cases involving long-distance truck drivers operating on major highways, which are sometimes shared by bicyclists.
- Poor road conditions – During inclement weather, drivers must take extra precautions to avoid collisions. This includes leaving extra room to slow down near intersections and crosswalks. If they do not, drivers operating on wet or icy roads may not be able to avoid a crash with passing cyclists before coming to a full stop.
How Do You Establish Fault in a Virginia Bicycle Accident?
Liability in bicycle accidents is normally established by showing that someone was negligent, meaning that they did not take adequate precautions to avoid harming others through their actions. Alternatively, in cases involving a traffic safety violation, plaintiffs can prove fault by simply showing that the violation caused their injuries.
Either way, to recover compensation for a bicycle accident, injured parties must show by a preponderance of the evidence that the at-fault party was truly responsible for the accident. Relevant evidence in a bicycle accident lawsuit may include things like:
- Police accident reports
- Blood alcohol content (BAC) and toxicology test results
- GPS, cellphone, and traffic signal records
- Photographs and videos of the crash scene and wreckage
- Video footage from nearby traffic and surveillance cameras
- Statements from reliable witnesses
- Testimony from doctors, police officers, accident reconstruction specialists, and other reliable experts
What Happens If I Am Partly to Blame for a Bicycle Accident?
Unfortunately, Virginia is one of the few states that prohibits accident victims from recovering any compensation for their injuries if they contributed even slightly to the cause of an accident. Unsurprisingly, defendants in personal injury cases take advantage of this harsh rule by trying to show that victims were at least minimally responsible for their injuries. This makes it extremely important that injured victims hire a skilled attorney that knows how to push back against these unscrupulous tactics.
How Much Is My Alexandria Bicycle Accident Claim Worth?
Depending on the severity of the injuries and other losses you suffer in an accident, you may be entitled to compensation from the at-fault party for both the economic and noneconomic impact they have on your life. If you were injured in a bicycle accident in Alexandria, our legal team can help you seek compensation for:
- Medical bills
- Lost wages
- Reduced future earnings
- Physical pain and suffering
- Emotional distress
- Diminished quality of life
- Damaged personal property
Is There a Time Limit for Filing a Bicycle Accident Lawsuit in Virginia?
Yes. The statute of limitations governing personal injury lawsuits in Virginia gives injury victims two years from the date of an accident to file a lawsuit seeking compensation from the at-fault party. If you miss this deadline, the presiding judge will most likely be forced to dismiss your case, costing you your right to seek compensation in court and your leverage when negotiating an out-of-court settlement with the at-fault party and their insurers. Avoid these consequences by speaking to an attorney as soon as possible after an accident.
Consult With an Alexandria Bicycle Accident Lawyer Today
At Marks & Harrison, we have over a century of experience helping victims throughout Virginia and beyond recover the compensation they deserve for injuries sustained in accidents they did not cause. In that time, we have built up the skill and resources needed to tackle even the most difficult personal injury cases. No matter the circumstances, we are ready to evaluate your case and handle it from start to finish. Contact us today to schedule a free consultation with a knowledgeable and compassionate bicycle accident lawyer.
