Bicycle Accident Lawyer Virginia Beach
The National Highway Traffic Administration (NHTSA) reports that in 2023, 1,166 bicyclists were killed in traffic crashes, with an estimated 49,489 injured. The Insurance Institute for Highway Safety (IIHS) adds that although child bicyclist deaths have declined over the years, deaths among bicyclists age 20 and older have increased almost fivefold since 1975.
In Virginia specifically, there is reason for concern. The Virginia Department of Motor Vehicles reported in May 2023 that bicycle-involved crashes were on the rise, with 160 bicycle-involved crashes on Virginia’s roads at that time. They resulted in 9 deaths and 156 injuries, which was a 125 percent increase in bicyclist-related fatalities compared to only four the year before at the same time.
This upward trend in bicycle accidents means that cyclists face real dangers every time they take to the road, making it crucial to understand your rights and options if you’re involved in an accident.
That’s where legal help comes in. At Shapiro, Washburn & Sharp, our experienced Virginia Beach bicycle accident attorneys have worked with many Virginia cyclists who’ve been seriously hurt through no fault of their own. We know how devastating these crashes can be. If you or someone you love has been in a bicycle accident, call us today at 833-997-1774 for a free consultation.
Why Are Bicyclists More Vulnerable on the Road?
As a bicyclist, you share the road with much larger, faster, and heavier vehicles. And when you’re on a bike, you’re much more exposed to the elements in a crash than a person in a car or truck. That means even a low-speed collision can result in broken bones, concussions, spiral injuries, or worse.
Cars and trucks also have large blind spots, and bikes are small, meaning that often, drivers simply won’t see you. Additionally, if they’re not paying close attention, they may not give you the space or time you need at intersections and other dangerous areas. Road conditions that might be minor inconveniences for vehicle drivers—such as potholes, debris, or wet surfaces—can also pose major hazards for bike riders.
To increase your safety as a bicyclist, always wear bright, reflective clothing. Use both front and rear lights to increase visibility, and avoid riding in the driver’s blind spots whenever possible. Always assume that the driver can’t see you. Wear a properly fitted helmet as well.
What Are the Common Causes of Bike Accidents?
It helps to educate yourself about what most commonly causes bike accidents to help reduce your risk of being in one. The most common cause, as mentioned above, is when the driver simply doesn’t see you. This often occurs at intersections when drivers are making left turns and fail to notice an oncoming cyclist.
Another frequent cause is when drivers don’t maintain a safe distance when passing cyclists. In Virginia, according to Virginia Code 46.2-839, drivers are required to give cyclists at least three feet of clearance when passing, but many drivers either don’t know this rule or choose to ignore it. If a driver gets too close to you, they can clip you or the bike, potentially forcing you off the road.
Door accidents—or “dooring” as it’s sometimes called—can happen when someone in a parked car opens their door into the path of an oncoming cyclist. This type of accident is particularly common in urban areas with street parking. As the cyclist, you won’t have enough time to react and could be thrown from your bike or forced into traffic.
Rear-end collisions occur when drivers don’t see cyclists ahead of them. This often happens when the driver is distracted by their phone, GPS device, or other passengers. Rear-end accidents can be particularly devastating for cyclists, as they frequently occur without warning and provide no opportunity to brace for impact.
Right-hook accidents happen when a driver overtakes a cyclist and then immediately makes a right turn, cutting off the cyclist’s path. Left-cross accidents are similar and occur when a driver making a left turn fails to yield to an oncoming cyclist. Both of these types of turning accidents are common at intersections and can result in serious injuries.
What Are My Rights as a Cyclist in Virginia?
In Virginia, bicycles are considered vehicles under the law, which means they have the same rights and responsibilities as drivers. If you’re injured in an accident caused by another person’s negligence, you have the right to seek compensation for your damages. This may include payment for your current and future medical expenses, as well as ongoing treatment costs. You may also be entitled to compensation for lost wages if your injuries kept you from working, as well as pain and suffering caused by the accident.
Virginia follows a contributory negligence rule, which means that if you were even partially at fault for the accident, you may not be able to recover compensation. An experienced bicycle accident attorney can help determine whether contributory negligence applies in your situation. They will also explore all possible avenues for recovery, so don’t give up too early, even if you think you may have contributed to the accident in some way.
Always gather as much evidence as possible as soon as possible, including police reports, photographs, videos, and witness statements. Your attorney can help you with these as well, but don’t wait, as evidence can grow cold or disappear with time.
How a Bicycle Accident Attorney Can Help
If you’re dealing with serious injuries, going through medical treatment, managing increasing bills, and trying to care for your family all at the same time, it can be extremely overwhelming to then try to file a bicycle accident injury claim.
Our experienced bicycle accident lawyers at Shapiro, Washburn & Sharp can help, as we did for the family of our client who was hit by a van while riding her bike to her apartment. She died at the scene, leaving behind her adult daughter and grandchildren. We helped negotiate a $1 million settlement for her beneficiaries.
Contact us for a free consultation at any time. We have offices in Virginia Beach, Portsmouth, Norfolk, Suffolk, Hampton, and Chesapeake.