Fairfax Bicycle Accident Lawyer
Bicycle accidents are a serious and common cause of injuries in Virginia. When a vehicle causes a crash involving cyclists, the most common cause was the driver’s failure to yield to the bicycle – accounting for 19.7 percent of bicycle accidents in Virginia. When bicycle accidents are caused by the careless behavior of another bicyclist or car driver then the injured victim may have a legal right to recoup those damages in a Fairfax court.
A knowledgeable Fairfax bicycle accident lawyer may be able to answer any questions that you have about how bicycle law in Fairfax applies to your individual case. Contact a dedicated attorney today to begin your case.
Bicycle Accident Laws
In the majority of cases, a bicycle accident victim will recover their damages by filing a negligence lawsuit against the reckless driver responsible for their injuries. A successful negligence lawsuit will require the bicyclist to prove the following in a Fairfax court:
Whenever a person gets behind the wheel of a vehicle, the laws applicable to Fairfax impose a duty on that driver to behave as a “reasonably prudent” person would in similar circumstances. This legal standard goes further than just following Fairfax traffic laws. For example, a “reasonably prudent person” might not go the speed limit if there were hazardous weather conditions or heavy traffic.
Negligent Behavior
This element of a Fairfax negligence lawsuit requires the bicyclist to prove that the driver behaved below the level of a reasonably prudent person. This could include proving that the Fairfax driver drove while texting or calling another person, or any other type of behavior that falls below the standard of a “reasonably prudent person.”
This is a fairly straightforward requirement in proving a negligence claim. Simply, there must be some causal connection between the driver’s negligent behavior – or behavior below a “reasonably prudent person” – and the bicycle accident. If the driver sent the text message a full fifteen minutes before the bicycle accident, then it is unlikely that the driver’s use of their cell phone – while possibly negligent – was the actual cause of the bicycle accident.
In some instances, a bicycle accident is caused by the negligence of more than one driver or even another bicyclist. In these instances, the other drivers or bicyclists may be at fault. Under the laws applicable to Virginia, if the injured bicyclist themselves is found to be a negligent cause of the accident, then they will not be able to recover for their bicycle accident damages.
Statute of Limitations in Bicycle Accident Cases
Under Section 8.01-243(A) of the Virginia Code, an injured bicyclist will only have two years from the date of the bicycle accident to file suit against a negligent or reckless driver. Because this time frame is one of the shortest in the United States, it is important to contact a Fairfax bicycle accident attorney today to learn more about your possible legal options.
Talk to a Fairfax Bicycle Accident Attorney Today
A Fairfax bicycle accident lawyer may be able to examine your own individual case and circumstances to determine if your bicycle accident was caused by the negligence of a driver or another bicyclist. Contact a bicycle accident attorney today.