Henrico County Bicycle Accident Lawyer
Bicycles are an excellent way to travel throughout Henrico County. Every cyclist knows, however, that there are dangers inherent to clipping into the pedals. Every year cyclists are involved in accidents with pedestrians, other cyclists, and vehicles. When these accidents happen, the knowledge and skill of a Henrico County bicycle accident lawyer is essential to preserving your legal rights and pursuing the compensation you deserve.
If you are injured in a cycling accident in Henrico or the surrounding area, a capable personal injury attorney can help you get back in the saddle.
Rights as a Cyclist
Generally, bicycle riders are expected to follow the rules of the road. Title 46.2 of the Virginia Code applies, in many circumstances, to cyclists and contains numerous bicycle-specific provisions.
For example, bicycles are expected to – whenever practical – ride in the rightmost lane of the roadway, stop at all stop signs, obey traffic signals, and yield appropriately to pedestrian and vehicular traffic with the right-of-way. Importantly, bicycles are expected to yield to pedestrians on trails, paths, and roadways. Automobiles are, in turn, expected to yield to cyclists.
Unfortunately, there are many situations where this idyllic world does not exist; in the chaos of the streets cyclists are often the victims of aggressive motorists, inattentive or distracted drivers, and oblivious pedestrians. This can result in serious accidents with grave injuries.
If Someone Has Been Involved in a Bicycle Accident
If a person has the misfortune of being involved in a bicycle accident there a number of steps that can be taken to assist in a future lawsuit.
First and foremost, an individual should ensure that they and those around them are safe and uninjured. If someone requires medical attention see that emergency services are contacted and medical treatment is sought.
Contacting the police is often the next step taken in most serious bicycle accidents. When they arrive, the police will assist in ensuring all parties are safe, generating an accident report, and gathering necessary evidence. A person can assist in gathering evidence by taking photos of the scene including the roadway, stop signs, traffic lights, painted markings, the position of vehicles, cyclists, and pedestrians prior to the accident, and other relevant details. Identifying witnesses and asking for their names and contact information is also a worthwhile step.
Contacting an insurance company is also an important step; an individual’s policy may cover them as a cyclist.
Finally, contacting a competent and professional Henrico County bicycle accident lawyer is an essential step. An attorney can help someone understand a person’s legal rights as a cyclist, explain the legal details of their case, and assist them in developing a plan to recover the maximum possible compensation for a injuries.
Negligence as a Cause for Action
Most frequently negligence will be the legal theory underlying someone’s recovery of compensation for injuries sustained in a bicycle accident. Negligence, simply, occurs when someone fails to adhere to a reasonable standard of care for the circumstances. As it pertains to most cycling accidents, negligence usually involves the failure of an automobile driver to take reasonable care while driving. Failing to obey traffic laws, distraction, and failing to yield to cyclists are among the most common causes.
It is worth noting that Virginia, the District of Columbia, and Maryland are all “contributory negligence” jurisdictions. This means that if a plaintiff is found to be even 1% at-fault for an accident they are barred from recovery. This means that a defendant will do everything in their power to demonstrate that the plaintiff was at least partially at-fault for an accident.
Henrico County bicycle accident lawyers have experience handling bike crash claims and understand how the contributory negligence framework of the area affects a negligence claim. They will work to preserve an accident victim’s right to recovery in the face of contributory negligence allegations.
How a Henrico County Bicycle Accident Lawyer Can Help
Unfortunately, cyclists frequently lose in all aspects of a bicycle accident. Drivers, police, insurance companies, and others often assume that a cyclist was at-fault for an accident. Drivers will often believe that a cyclist shouldn’t be on the roads; police may assume that a cyclist was riding in an unsafe or negligent manner; insurance companies will offer low-ball settlement offers; everything can seem stacked against an injured cyclist.
If you are injured in a bicycle accident, an attorney stands ready to help you beat the odds – contact a Henrico County bicycle accident lawyer today and know that you are in capable hands.
