Frequently Asked Questions

At our Virginia personal injury law firm, we often handle bike accident cases, working to get victims the financial compensation they deserve for their injuries. Virginia has two specific statutes that address the responsibilities vehicle drivers have to cyclists, Code of Virginia § 46.2-818.1. and Code of Virginia § 46.2-839.

The most common types of cycling accidents we see include:

• An occupant of parked vehicle opening door of the vehicle into the cyclist
• Sideswipe by a passing vehicle
• Vehicle rear ends bicycle
• Vehicle turning left at intersection cutting off cyclist traveling in the other direction
• Vehicle turning right and cutting the cyclist off

Because there is nothing to protect the cyclist from the impact of the vehicle slamming into them, many injuries that bike accident suffer are severe ones. Many of these injuries are so catastrophic they result in the victim’s death. The most common injuries include:

• Brain and Head Injuries: More than 40 percent of bike accident victims suffer some type of head injury, including concussions, brain damages, and skull fractures.
• Limb Injuries: More than 40 percent of bike accident victims sustain injuries to their arms, while leg injuries occur to approximately 25 percent of victims.
• Abdomen and Chest Injuries: Although less than 10 percent of bike accident victims sustain injuries to these areas, when they do occur, they are often severe ones.

Each year, there are approximately 45,000 cyclists injured and another 800 killed in bicycle accidents. Although any cyclist can find themselves the victim of a bike accident, there appear to be certain factors that increase that risk.

According to national statistics, the average age of cyclists killed in bike accidents is 45, although that number continues to creep up each year. The majority of cyclists killed or injured are male, accounting for more than 80 percent of victims.

Most fatal bike accident occur in urban areas and at non-intersections. And despite what many people may believe, about 80 percent of bike accidents occur during the day, although night cycling is definitely more dangerous.

There are many types of injuries that victims can sustain in amusement park accidents and many of them can be catastrophic, resulting in permanent disability or death. Even less serious injuries can mean long-term recovery. Some of the more common types of injuries include:

• Whiplash caused by jerking motion of the ride or improper restraints. Victims can also suffer other back, head, or neck injuries.
• Brain injury caused from being struck by an object (such as broken ride parts) or by rapid ride speeds.
• Wrongful death as a result of being thrown from a ride, falling, or other failure of equipment.
• Burns, fractured bones, and lacerations caused by equipment malfunction.
• Drowning on water attractions or water slides.
• Slip and fall as a result of poor park maintenance.

Families go to amusement parks to have fun and trust that the park owners are providing a safe and hazard-free environment. But that fun can quickly turn tragic because of park owner or employee negligence. The most common causes of incidents that we see at our Virginia personal injury firm include:

• Equipment design defects
• Equipment failure
• Failure to provide warnings about the risks presented by certain rides or attractions
• Improper equipment maintenance
• Improper equipment operation
• Improper signage
• Inadequate employee training

Amusement parks, (including carnivals and fairs), and ride manufacturers have a duty of care to make and operate rides safely. Tragically, incidents of operator negligence or defective product occur and result in serious injury or death of victims – all preventable. If a ride operator or manufacturer fails to abide by safety guidelines, then the party or parties who breach this duty of care may be liable for any damages that victims suffer in these events.

A Virginia personal injury attorney would need to prove certain elements in order to be successful in obtaining financial compensation the victim may deserve for their losses:

• The alleged at-fault party (the defendant) had a duty of care of the victim (plaintiff).
• The defendant breached that duty of care by acting improperly or failing to act and this failure caused the incident
• The plaintiff was harmed as a result of the defendant’s failure
• The plaintiff suffered harm (i.e. losses) as a result

Do not talk to any insurance company until you talk to your attorney, and do not sign anything that an insurance company puts in front of you. Show all documents to your attorney first. Also, never allow an insurance company to record a statement with you unless your attorney is present. 

A personal injury attorney can do a lot to protect your financial recovery in the lawsuit. They can minimize and monitor points of contact with the defendant, request and review your medical records, and form and file wage verification sheets with your employer. No aspect of your case should be weakened due to legal inexperience so that you can recover as much money as possible. 

Yes. Suing a public bus company differs from suing a private bus company in some respects. You can still sue the public bus company for negligence in a personal injury lawsuit, but government entities may get immunity for such things as not adopting or enforcing a law, or negligence regarding licenses and permits. 

The most common emergency room errors that a Virginia malpractice attorney handles include:

• Delayed diagnosis
• Diagnostic testing errors, such as failing to conduct needed tests or conducting the wrong ones
• Discharging patients too soon
• Laboratory mistakes
• Lack of staff communication
• Medication errors
• Missed diagnosis
• Poor patient monitoring
• Radiology mistakes
• Refusing to treat a patient who has no health insurance (this is referred to as “patient dumping”)
• Slow triage which results in patients waiting too long before they are seen by medical staff