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Help for Bicycle Crash Victims
Bike riding is a wonderful form of exercise that doesn’t feel like exercise. Here in Virginia, there are around 449 miles of bike trails in state parks, according to the Virginia Department of Conservation and Recreation. Those trails provide safe paths for cyclists of all ages to enjoy. Even though cyclists can take a tumble on a bike trail, the chances of an accident increase when they make the transition off the trails and onto the roads they share with cars and trucks.
Data collected in 2021 by the National Highway Traffic Safety Administration (NHTSA) shows that 38,886 bicyclists were injured in traffic accidents that year. Of those crashes, 938 were fatalities.
These are the types of unexpected accidents that can cause devastating injuries that might take months to heal from. Even in a minor accident, you’re still entitled to seek a remedy for any loss from the person who caused the incident.
To secure that compensation, it will help to get support and guidance from an experienced Alexandria bicycle accident lawyer. At Curcio Law, we understand the nature of these types of accidents and the biking laws because we are not only experienced attorneys but also cyclists.
Virginia Bike Laws Cyclists Must Follow
In any type of accident, responsibility needs to be assigned to the at-fault party. That will become the basis of your injury claim. Determining who is at fault in a bicycle accident is even more critical in Alexandria because of the Virginia contributory negligence law. Unlike comparative negligence, with contributory negligence, you can only hold another person liable if they are found to be 100% at fault for the accident.
That is why it is incumbent for bicyclists to be familiar with and follow the legal rights and duties of cyclists, as published by the Virginia Department of Transportation. For instance, bicyclists are bound by the same laws as motor vehicle drivers unless otherwise indicated. If bicyclists ride on a sidewalk, shared-use path, or crosswalk, they have the same rights and duties as pedestrians. Bicyclists must come to a complete stop at stop signs before entering crosswalks.
Additionally, bicyclists do not have to come to a complete stop when crossing highways without stop signs or traffic signals, but they must yield to any oncoming traffic. In addition to those general rules, the following bike-specific laws need to be followed by cyclists:
- Helmets are not required under state law for cyclists in Virginia, but in Alexandria, if you are under the age of 14, you are required to wear a helmet.
- You must have at least one hand on their handlebars at all times.
- You cannot carry more people than the bike will accommodate.
- You are not permitted to attach themselves or their bikes to other moving vehicles.
- You cannot wear earphones in both ears while riding their bikes.
Schedule a Free Consultation
Injured in a crash with a motor vehicle? You may have options to recover compensation for your injuries and related losses. Schedule a no-cost, no-obligation case evaluation with an experienced attorney today.
Common Causes of Bicycle Accidents in Alexandria
When you file an insurance claim, you will need to describe what happened in your accident. This is the kind of information you’ll need to share with your bike accident attorney, who will be advocating on your behalf. Which of the following common causes were part of your accident:
Inattentive Drivers
Bicycles are not as visible as other cars. If a driver isn’t paying attention to their blind spots, a driver could turn into a cyclist, colliding with them and causing catastrophic injuries.
Unsafe Maneuvers by Drivers
Drivers must be aware of their surroundings while driving and parking, especially when they are near bike lanes. A car door suddenly opening into a bike lane can cause serious injury to an approaching bicyclist.
Poor Road Conditions
Potholes, uneven sidewalks, and other poor road conditions can trigger accidents for bicyclists. In some instances, local governments are responsible for those accident-causing road conditions. Those entities could be held liable, especially if a road condition has been reported several times without repair.
Weather
Alexandria residents are no strangers to bad weather. Those slick surfaces are dangerous for riders whether it is rain, snow, or ice on the road. Even though weather might be a factor, a motorist still owes a cyclist a duty of care and responsibility when driving in bad weather.
Cyclist Error
When bicyclists become distracted or don’t use proper signals or yielding, they can cause injuries. This goes back to the issue of the contributary negligence law. If you are partially responsible, you might find it difficult to seek a remedy from another party.
Manufacturing Defect
A bicycle is not a complicated machine. However, every cyclist requires their bike to function properly. If a defect in the brakes, tires, or gears causes an accident, a product liability case could be filed against the manufacturer.
It is important to remember that not just motorists can cause a bike accident. Pedestrians who are watching where they are going as they come out of stores, cross intersections, or make their way around parking lots can also cause a cyclist to take a tumble.
Also, if you are involved in a “dooring” accident with a car, you could hold the person who opened the door, who might be a passenger as opposed to the owner of the car.
Whether you believe the cause of the crash that injured you was one of the factors above or something else, be sure to reach out to speak with an Alexandria bicycle accident lawyer in our office now to better understand your rights. Speaking with our attorneys about your case is free.
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Possible Injuries Bicyclists May Receive
As with a motorcyclist, a bicycle does not offer protection to the rider who is thrown off if struck by a vehicle. Often, the initial impact is not as damaging as the second impact of hitting the street or curb. If you’ve been involved in a bicycle accident, you might be dealing with one of the following injuries:
- Traumatic brain injuries, such as concussions and other head injuries
- Neck and spine injuries
- Broken bones, fractured collarbones, wrists, facial bones and ribs
- Skin lacerations (sometimes referred to as “road rash”)
- Crush injuries
- Impalement
Any one of those injuries can require diagnostics, surgery, and physical therapy. Those treatments can be costly and exceed the coverage provided by your personal health insurance. When you are out-of-pocket for those expenses, your bicycle accident attorney in Alexandria can help recover those losses.
Why Have an Experienced Alexandria Bicycle Accident Lawyer Handle Your Case?
Our law firm’s founder, Tom Curcio, has been a cyclist for almost as long as he has been practicing law. His first-hand knowledge of cycling has helped him best represent those injured while riding bicycles. He is intimately familiar with the traffic laws as they relate to bicycles and understands the design of bicycles and their many component parts.
That puts our firm in a unique position to understand all aspects of a bicycle accident. We also know how important it is to establish the fault of the accident beyond a preponderance of evidence, which is the legal standard in a civil complaint.
If you or a loved one has been seriously injured in a bike accident, you should consult an attorney experienced in handling such cases, such as an Alexandria bicycle accident lawyer on our staff. To schedule a free consultation, call us or contact our law office online.