Building a Prince William County Bike Accident Case

There are a variety of different aspects of bike accident cases that are different from car accidents. Similar to pedestrian accidents when a bike impacts a motor vehicle, the damages might be quite severe. Bicyclists may have loss of consciousness and have little recollection of how the accident occurred. Whenever a bike accident case is involved, there are certain defenses that are brought out by the person’s counsel, including the adjustor and the defense attorney, to show contributory negligence. Namely, these defenses are to that the bicyclist was not following the rules of the road and that led to their own injury.

When a Prince William County bike accident lawyer is retained, they immediately begin thinking about litigation. They will start their investigation thinking about the evidence they want to unearth and use in service of their client’s case. Because Virginia is a state that follows contributory negligence, it is crucial that a person discuss as many details of the accident as possible with their attorney before proceeding with the case. A responsible lawyer will want to know the intricacies of each case so that they will be ready to defend against attacks from the opposing party.

Traffic Laws Bicyclists Must Follow

Bicyclists need to follow the rules of the road. These are published safety rules that are in the Code of Virginia regarding bicycle safety. Generally, bicyclists have to obey traffic signals, including stop signs, traffic lights and highway signs. In addition, bicyclists are required to follow certain safety measures, such as using appropriate hand signal methods before making a turn and riding single file when possible. On a road it is common for bicyclists to ride more than one abreast, and if they cannot do so in a lane safely, this maybe a safety violation.

In addition, bicyclists may cut through traffic or go around vehicles. Bicyclists are generally prohibited from doing things that a car could not do, and sometimes these are safety issues that can be brought up during litigation. If a bicyclist is found to be in violation of the rules, they may be determined to be contributorily negligent. In Virginia, if you are contributing to your own injury, meaning if you are contributorily negligent, you are barred by law from making a recovery.

Factors a Prince William County Attorney Considers

Civil liability is below criminal liability standards as to what must be proven. It is a tough standard, and the burden of proof is on the moving party, the plaintiff, in these cases. For an attorney handling a Prince William County bike accident case, their focus is constantly on how they will prove damages. From a litigation perspective, the first step is always proving liability, especially if liability is going to be questioned. A lawyer wants to make sure that they have shown adequate information about how the accident happened, how it was not the fault of the bicyclist and why it was someone else’s fault. That includes introduction in causation regarding medical bills as well as things like lost wages, pain and suffering. Lawyers understand the devastating impact a bike accident can have on a person and will work passionately to help their client achieve restitution.