How Does Virginia Law Determine Fault In Bicycle Accidents?

Riding a bicycle on Virginia roads can be a fun and environmentally friendly form of transportation. However, bike riders also face risks from motor vehicles that they share the road with. When a collision occurs between a bicycle and a car, truck, or other motor vehicle, Virginia laws help determine who was at fault and therefore responsible for any resulting injuries or property damage.

Understanding these laws can help injured bicyclists in Virginia pursue fair compensation for their losses. An experienced Virginia bike crash lawyer can provide invaluable legal guidance after a bicycle accident caused by a driver's negligence.

Our goal is to give you information - not legal advice. The people or companies involved in your fall might have lawyers. You should talk to your lawyer. They can help protect your rights and help get you full and fair money damages.

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.

Contributory Negligence in Virginia

Virginia follows the legal doctrine of contributory negligence when assessing fault in bicycle crashes and other personal injury cases. Under this strict rule, an injured bicyclist cannot recover any damages if they were even 1% or more at fault for the accident.

So if a Virginia bicyclist failed to properly signal a turn or rode at night without lights, those actions could be enough for a court to bar them from compensation. The burden of proof is also fully on the injured bicyclist to show the vehicle driver's complete fault.

Common Causes of Virginia Bicycle Accidents

Despite the risks they face from much larger vehicles, the responsibility still falls on bicyclists to adhere to many of the same rules of the road as motorists. Failing to do so can easily contribute to accidents. Some common causes of bicycle crashes involving motor vehicles include:

Driver Negligence

While bicyclists must ride responsibly, drivers have a duty to share the road and avoid collisions with more vulnerable road users. Some examples of negligent driving that can cause bike crashes include:

Speeding
Distracted or impaired driving
Failure to properly yield the right of way
Unsafe passing of bicycles
Opening a vehicle door into a bike's path

Bicyclist Errors

Bicyclists can also make mistakes that contribute to accidents, such as:

Failure to obey stop signs or traffic lights
Riding against traffic or on the wrong side of the road
Improper turning or swerving
Lack of lighting or reflectors when riding at night

In any Virginia bicycle accident case, an investigation looks at the actions and errors of both parties that may have caused or contributed to the collision and resulting harm.

Virginia Laws on Bicycle Operation

Under state laws, bicycles are considered vehicles when operated on Virginia's roadways. Cyclists therefore must follow many of the same road rules as motorists. This includes following all traffic signs, signals, lane markings, and other rules.

Relevant laws that bicyclists must obey include:

Riding as Far Right as Practicable

Bicycles should ride as far to the right side of the road as judged safe by the bicyclist. Exceptions include when making a left turn, operating on a one-way street, riding on marked shoulders or bike lanes, and avoiding hazards.

Allowing Overtaking by Faster Vehicles

Cyclists must not block or impede faster-moving traffic and should move to the right to allow vehicles to pass safely. Exceptions include when making a left turn or operating in a narrow lane.

Stopping for Stop Signs and Traffic Lights

As vehicles, bicycles must obey all posted stop signs and traffic lights. Failure to do so can contribute to crashes with crossing traffic.

Use of Lighting and Reflectors at Night

Bicycles operated between sunset to sunrise must have a white front light and a red rear reflector or light to improve visibility. Wearing reflective materials is also recommended.

Proper Signaling

Cyclists must signal any turns or lane changes using their left arm. Bikes should also be equipped with brakes controlled by hand or foot.

No Attaching to Vehicles

Bicyclists cannot attach themselves or their bikes to other vehicles. Doing so risks serious falls or collisions.

Virginia Laws on Safe Motor Vehicle Operation Around Bicycles

While bicyclists must adhere to the rules of the road, vehicle drivers have their own legal duties to avoid crashes. Relevant laws include:

Passing Bicycles Safely

When overtaking a bicycle, vehicles must allow at least 3 feet of clearance between themselves and the cyclist. Drivers must also maintain safe speeds when passing.

Yielding When Turning

Motorists crossing a bike lane to make a turn must yield the right of way to any bicycles. Failure to properly yield before turning is a common cause of car-bike collisions.

Allowing the Use of Marked Lanes

Bicycles can operate in marked bike lanes and shoulders. Motor vehicles cannot drive or park in these marked areas.

Opening Doors Safely

Vehicle drivers and passengers must check for passing cyclists before opening their doors. "Dooring" of bicycles by opened vehicle doors is an unfortunate cause of bike accidents.

Avoiding Harassment

It is illegal for vehicle drivers to deliberately crowd, threaten, or harass bicyclists with their vehicles. Safe distances must be maintained.

By following these laws carefully, bicyclists and motor vehicle drivers can improve roadway safety and avoid tragic accidents. But when crashes occur, injured bike riders can legally pursue damages against negligent parties.

Gathering Evidence to Determine Fault After a Bicycle Crash

Since Virginia follows the contributory negligence doctrine, the burden is on an injured bicyclist to prove a vehicle driver's complete fault for an accident. Strong evidence can meet this burden and support an injury claim or lawsuit. Useful evidence to properly document after a bicycle crash includes:

Police Reports

Official police reports contain statements from all involved parties and eyewitness accounts. Officers also document contributing factors based on road markings, traffic controls, lighting conditions, etc. Police findings can carry significant weight in determining accident faults.

Photographs and Video

Pictures and videos documenting the accident scene, vehicle damage, injuries, and other evidence help visually recreate the incident to show what occurred. Photos should capture relevant factors like road hazards, traffic controls in place, and lighting at the time.

Accident Reconstruction

In serious injury cases, an accident reconstruction can analyze physical evidence and the dynamics of the collision. This can scientifically establish speeds, sight lines, reaction times, and other key factors to identify causes.

Medical Records

Documents of treatment for crash injuries help prove their severity and need for fair compensation. Records should note the types of injuries, treatments undergone, impairment or disabilities caused, and prognosis.

When evidence clearly shows a driver's negligence caused a bike crash while the rider obeyed traffic laws, the case for total compensation from the motorist's insurer strengthens. A bike accident attorney can help prepare documentation to meet Virginia's contributory negligence requirements.

Using Legal Options After a Virginia Bicycle Crash

Even minor bicycle crashes often cause significant injuries due to the lack of protection riders have compared to drivers. Possible damages include broken bones, head or spine trauma, road rash requiring skin grafts, damaged teeth and eyesight, and even wrongful death. Recovering damages for harms suffered requires pursuing legal options such as:

Insurance Settlements

Most claims after vehicle-related crashes are against the driver's car insurance policy. Settlements can pay for medical treatment, lost income, bike repairs, and other accident costs. But insurers often resist total payouts, requiring skillful negotiation or litigation.

Personal Injury Lawsuits

If insurance fails to cover losses sufficiently, or the driver lacks adequate coverage, a lawsuit can recover additional compensation owed. Significant documentation and legal resources may be needed to succeed in court.

Claims Against Government Agencies

If a defective road, lack of bike lanes or other government infrastructure factors contributed to a crash, the bicyclist can pursue an injury claim against the responsible agency. Specific notice and claim requirements apply to such cases.

Having an experienced personal injury lawyer helps bicyclists and their families pursue the maximum compensation allowed through each option after a life-changing accident. Legal representation is critical to meeting court requirements and obtaining a fair recovery.

Common Injuries Suffered in Virginia Bicycle Crashes

Collisions involving passenger vehicles leave bicyclists severely vulnerable. Vehicle impacts often catapult riders onto unforgiving roads or slam them into windshields at high energy. Some frequent crash injuries include:

Traumatic Brain Injuries

TBIs occur when violent forces cause the brain to impact the inside of the skull. Concussions, contusions, and internal bleeds can cause cognitive dysfunction lasting years. Even mild TBIs must be properly diagnosed.

Spinal Cord Injuries

Damage to spinal column tissues, vertebrae, or discs risks paralysis below the level of injury. Spinal injuries require urgent surgery but may leave permanent impairment or disability despite treatment.

Severe Fractures and Broken Bones

High-impact collisions shatter hips, legs, arms, and other bones into multiple fragments requiring reconstructive surgery. Poorly healed fractures may impede mobility or require later corrective procedures.

Road Rash and Burns

Sliding across pavement strips off the skin and underlying soft tissues. Draining raw wound channels increases infection risks for months. Skin grafting helps reduce scarring.

Dental and Facial Injuries

Being thrown onto roads or into windshields fractures teeth, jaws, and facial bones. These extremely painful facial traumas require complex oral and maxillofacial surgery, with a risk of permanent numbness, oral dysfunction, or disfigurement.

Neck and Back: Acceleration and deceleration forces transmitted through the spine trigger herniations, degenerative disc disease, pinched nerves, and other injuries with lingering pain. Spine trauma patients frequently battle chronic discomfort and arthritis.
Amputations: Crush injuries or traumatic severing of limbs under multi-ton vehicles may require amputation of mangled extremities. Victims require prosthetics and undergo extensive rehabilitation to regain mobility.
Internal Organ Damage: Blunt force and penetrating abdominal trauma from bike handlebars or vehicle parts can damage organs like the spleen, liver, kidneys, and intestines. Massive internal bleeding causes organ failure.

Each bicyclist and accident situation is different, so injuries vary widely in severity. Many riders are left permanently impaired or disabled, unable to work or afford intensive medical care. They rely on legal options to recover fair compensation for their losses and damages.

Frequently Asked Questions About Bicycle Accidents in Virginia

Who Is Normally Liable For Bicycle Accident Injuries In Virginia?

Vehicle drivers must share the road and avoid collisions with bicycles. So drivers are normally liable for bike crash injuries they negligently cause by speeding, distraction, impairment, aggression, or traffic violations. However, bicyclists can share liability for their own negligence.

Can I Still Recover Damages If I Was Partly At Fault For My Bicycle Crash?

No, Virginia applies the contributory negligence doctrine for bike crashes. Even 1% fault by the bicyclist completely bars any injury compensation from the driver. Bike riders must prove the motor vehicle operator's 100% fault to recover damages. A Virginia personal injury lawyer can help meet legal burdens.

What Damages Can I Claim After A Virginia Bicycle Accident?

You can claim bicycle repair/replacement costs, medical expenses, lost earnings, loss of future income if disabled, pain and suffering, and wrongful death damages if a loved one dies. An experienced bike crash lawyer helps document all losses for full restitution.

When Do I Need To Hire A Bicycle Accident Attorney In Virginia?

Retaining legal counsel immediately after a bike crash is advisable to ensure evidence proving driver fault is properly gathered. Laws strictly limit recovery, so skilled legal help navigating requirements maximizes claim results. Delay risks losing compensation rights.

How Much Does Hiring A Virginia Bicycle Accident Lawyer Cost?

Most personal injury attorneys work on contingency fees, which are only paid if they secure injury compensation for you. Fees are a percentage (30-40%) of the final settlement or award amount. Initial consultations are free. Fees pay for legal resources to pursue fair claims.

Conclusion

Although financial resources cannot restore pre-crash health and abilities lost, they help victims pay extensive medical bills and provide for lifetime care needs. Knowledge of legal rights, requirements, and options makes navigating Virginia’s stringent recovery system easier for those seeking a just outcome. In such challenging circumstances, dedicated legal guidance gives injured bicyclists the best chance at fair compensation for life-altering losses.

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.