Frequently Asked Questions
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Do bikers have the same rights on the road as drivers in Virginia?
Yes. Under VA Code 46.2-800, people riding bikes on a road, street or highway in the state have the same rights and duties that are applicable to motorists.
What are the rules for a bike crossing a road in Virginia in a marked crosswalk?
Typically, a cyclist should not operate his bicycle within a crosswalk as he has the same responsibilities as any other vehicle on the road. However, if a cyclist attempts to cross in a crosswalk on foot or if the crosswalk is a shared use path, VA Code 46.2-924 states that drivers must yield right of way to a biker crossing a road in any clearly marked crosswalk or any intersection with a speed limit below 35 miles per hour.
What damages am I entitled to if I am hit by a car in a crosswalk?Pedestrians hit by a car in a crosswalk are entitled to file for the same damages just like any car accident victim. You can receive compensation for ER treatment, surgeries, hospital stays, physical therapy, lost wages, and pain and suffering.
How can I file a claim against a biker who injures me as a pedestrian?
Car insurance policies do not cover bikers, but if you are hurt by a negligent or reckless biker, you can still sue the biker to recover damages. However, unless the biker has some kind of liability or umbrella coverage (usually through a homeowner’s insurance policy), you would have to try to collect from the biker directly.
What kind of injuries can pedestrians suffer if a biker strikes them?
Remember that some bikers can achieve speeds of 20 to 25 MPH. If you are hit by an object at that speed, you could have broken bones, contusions, cuts, scrapes and even a concussion. Concussion commonly occurs when the pedestrian hits the ground after impact.
How often do bikers hit pedestrians and cause personal injury?
In New York City in 2011, bike/pedestrian accidents happened at a rate of 3.78 per 100k people. The rate of fatal car/pedestrian collisions that year was 11.6 per 100k people. So, bike/pedestrian accidents are less frequent than cars, but still, occur at a higher rate than many believe.