Riding a bicycle is a great way to get around Virginia, whether for exercise, recreation, commuting to work, or running errands. Unfortunately, many bicycle riders in Virginia are injured in preventable accidents every year. According to the Virginia DMV, bicycle-involved crashes have steadily risen in recent years across the Commonwealth, injuring many of our most vulnerable road users. 

If you or a loved one has been injured in a bicycle accident that was caused by someone else in Virginia, you may have a right to financial compensation. Our team of personal injury attorneys is resourceful, experienced, and knowledgeable regarding your rights. To learn more about how we can help you, call Altizer Law today at 540.345.2000. 

Step 1: Seek Any Necessary Medical Attention Immediately 

The first thing you should do after any Virginia bicycle crash is get checked out medically. Adrenaline and shock can sometimes mask severe injuries in the immediate aftermath of an accident. Even if you feel fine, it’s important to still get examined by a doctor. Unseen internal injuries, head trauma, fractures, sprains, and other medical issues can creep up later if left untreated. 

Don’t take any chances with your health - get medical help right away so any injuries sustained can be diagnosed and treated promptly. This often leads to the best recovery outcomes down the road. As an added benefit, seeking timely medical care also documents your injuries resulting from the accident. 

Save and obtain copies of all doctor’s reports, hospital bills, pharmacy receipts, therapy invoices, and any other records showing medical treatment you receive related to accident injuries. Your Virginia bicycle accident lawyer will need this documentation later when building and proving your injury claim.

Step 2: Document the Bicycle Crash Scene Thoroughly 

If possible, gather as much evidence and document the accident scene completely while still present. Take lots of photos capturing damage to vehicles, bicycle and equipment, roadway hazards or defects, debris, skid marks, weather conditions, traffic signs/signals, sight lines, and anything else relevant in establishing what happened. 

Also obtain contact details for any witnesses who saw the crash, along with notes on exactly what they observed. If police respond and write up a bicycle accident report, get the responding officer’s name and badge number along with a copy of the finalized report. 

Preserving evidence and recollections when the crash details are still fresh goes a long way in reconstructing the sequence of events later during your bicycle injury claim. Our personal injury attorneys know exactly what info to collect in these situations.  

Step 3: Talk to a Virginia Bicycle Accident Attorney

Perhaps the most vital step after any bike crash you don’t cause is discussing your potential injury claim with an experienced Virginia bicycle accident lawyer as soon as possible. Personal injury law sets strict statutes of limitations dictating how long accident victims have to file lawsuits seeking compensation, or else lose rights to recover completely. 

For bicycle-related injuries in Virginia, you normally have two years from the date of crash to take formal legal action. But cases vary considerably, and exceptions exist that either shorten or extend the filing period. That’s why it’s absolutely essential to meet with a qualified attorney early on to map out the best strategy before time runs out.

An accomplished personal injury lawyer in Virginia can investigate liability, build a negligence argument, calculate damages accurately, negotiate optimum settlements, and take your bicycle accident case to trial if insurance carriers refuse reasonable payouts. Bear in mind - the at-fault driver’s insurance company does not have your best interests at heart. They wish to pay as little in compensation as they can. 

Having a knowledgeable legal advocate fighting for you helps neutralize the inherent power imbalance when grappling with profit-driven insurance firms. Our dedicated Virginia bicycle accident attorneys have extensive experience holding liable parties fully accountable. Schedule a free consultation with us to discuss your situation.

Step 4: Submit Your Bicycle Accident Insurance Claim

Once a Virginia bicycle crash lawyer lays the groundwork, formal notification must be submitted to the appropriate insurance companies that you are seeking damages for accident-related losses. This serves to open a claim file specific to your case. As part of the written notice, your attorney will include a detailed demand letter enumerating all injuries, medical expenses, lost income, property damage (bicycle replacement/repair bills), pain & suffering, permanent impairment, and other applicable losses with request made for payment of a sum-certain outlining your position.

The letter will also specify that if your demand is not met within a stated timeframe your intentions are to pursue formal litigation and file a bicycle accident lawsuit. Often at this point serious negotiations commence between attorneys that eventually leads to a full and fair settlement offer. If not, your case moves to lawsuit stage.

Step 5: File a Virginia Bicycle Accident Injury Lawsuit if Needed  

Should efforts to resolve your bicycle accident claim directly with insurers fail through demand letters, the final recourse becomes filing an actual lawsuit against the at-fault parties (likely the driver). In Virginia, the jurisidiction where such legal action is brought depends on a few factors, but typically is the Circuit Court located in the city or county where the bicycle crash occurred. The overarching purpose at this advanced phase is applying pressure on defendents to comply through the power of the courts.

Once your suit is filed by your bicycle injury attorney against negligent motorists, litigation timetables speed up considerably. Your lawyer will aggressively prosecute the case through every avenue possible all the way to a jury trial seeking maximum compensation unless they make reasonable settlement overtures first. Our aim is always obtaining full measure of justice on your behalf.

If you do land up in a trial situation, as capable trial lawyers we are fully prepared to argue before judge and jury why maximum financial damages should be awarded. We take studying Virginia bicycle-related statutes and case law extremely seriously so that we can anticipate defenses before they arise. In the end though, the vast majority of all filed lawsuits settle via negotiation between parties prior to an actual court proceeding.     

Frequently Asked Questions About Virginia Bicycle Accident Injury Claims

Filing a successful injury claim resulting from a Virginia bicycle crash caused by another party’s negligence can certainly seem complicated to accident victims. By common account from former clients who entrusted their situations to our law office, just having an empathetic resource to ask specific questions about their rights goes a very long way in reducing fears about unknowns. 

To this end, we provide answers to some frequently asked questions posed to our personal injury attorneys by new Virginia bicycle collision clients seeking counsel below:

1. How Long After a Crash Do I Have to File a Claim in Virginia?

Per Virginia statute § 8.01-243(A), bicycle accident victims normally have two years from the date of their injury crash to file a legal claim seeking financial compensation for damages suffered, be it through an insurance settlement or lawsuit. Precise timing varies case-by-case, so call now to assess where you stand. 

2. Can I Recover Compensation if Partially at Fault for the Crash? 

Virginia follows modified comparative negligence rules which allow for partial financial recovery by plaintiffs even if deemed partially responsible through actions leading to their bicycle accident. However, your total payout does get reduced by your own allocated percentage of fault.

3. What Damages Can Be Included in Virginia Bicycle Injury Claim Settlements?

Our clients can typically seek full compensation for wide-ranging damages like medical bills, lost income & future earnings, bicycle repair/replacement costs, pain & suffering, permanent impairment based on extent of injuries, in addition to reimbursement for other crash-related out of pocket expenditures supported by evidence.      

4. Can I Afford Legal Representation to Pursue My Virginia Bicycle Accident Case?

Our personal injury law firm works strictly on contingency meaning no upfront payment is required from bicycle crash clients who utilize our services. We only collect our fee as a fixed-percentage of what is recovered for you either through settlement or jury award after concluding your case. If no recovery, then no attorney fee is owed by client.   

5. How Quickly Do Virginia Bicycle Injury Claims Get Resolved?

Every bicycle accident case follows unique trajectory, but generally most claims reached through settlement are closed 1-2 years from date of initial attorney retention, while those taken through full litigation all the way to trial verdict can last over 3 years. But we promise to work as efficiently as circumstances of your legal matter allow while pursuing maximum value through negotiation leverage and skillful court prosecution as needed per Virginia law.

Recovering full and fair compensation to pay accident bills, replace damaged bicycles/equipment, cover income losses, as well as secure rightful payment for pain, changed lifestyle, and lifelong effects of enduring injury setbacks represents immense challenge for victims. All it takes is a call to our compassionate legal staff to get started.

Key Takeaways: Successfully Pursuing Virginia Bicycle Accident Claims 

• Document Evidence - Photograph accident scene, preserve video, take witness statements, retain police reports, and collect medical records. Solid proof establishes negligence.

• Establish Liability - Injury lawyers must demonstrate the hazardous motorist violated traffic laws or ordinances like failure-to-yield, improper passing of bicyclist, speeding, distracted driving or other negligent/reckless conduct directly resulting in bicycle collision through demand letters & court filings. 

• Calculate Damages - Accident attorneys tally all bicycle crash client losses using receipts, invoices, bills and other supporting financial documentation tied to medical care, lost earnings, out of pocket expenditures, bike repair/replacement costs, in addition to intangible suffering.

• Attempt Settlement First - Good faith demands backed by evidence and law initiates insurance claim process on road toward pre-trial resolution that avoids stress, cost and uncertainty of a jury trial while still pursuing full legal entitlements short of a courtroom verdict. 

• Prepare Diligently for Trial - If settlement talks reach impasse, the proficient bicycle accident legal team pivots seamlessly to litigation mode conducting all required tasks like deposing defendents, designating expert witnesses, extensive trial preparation and exhibiting mastery of applicable statutes and prior rulings to win your day in court.

If injured by any vehicle (car, truck, etc) while riding your bicycle in Virginia through no fault of your own, a personal injury attorney can advise if you have a viable case. Reach out now for skilled advocacy - we want bicyclists protected!

Altizer Law has navigated multiple personal injury claims throughout the years and helped our clients win their settlements. Call our team of experienced and results-driven lawyers today at 540.345.2000 for your free consultation.