Bicycle Accident Attorney in Fairfax

Woman cyclist hit by a car in the highway.

Many people in Fairfax enjoy the benefits of riding bicycles. Cycling can reduce your carbon footprint and save you money by allowing you to avoid the gas pump. Riding your bike can also improve your physical fitness and mental health. Whether you use your bike to commute to work or simply enjoy the fresh air and beauty of Fairfax, bicycle rides are a refreshing way of bringing physical activity into your day.

However, riding a bicycle is not without its risks. Cyclists can sometimes be difficult to see, leading to inattentive drivers crashing into them. Because they aren’t enclosed like people in cars, cyclists are susceptible to devastating injuries when they are involved in accidents. When this harm happens because of another party’s actions, an injured cyclist has the right to seek compensation for losses such as medical expenses, lost income, and more.

If you have suffered injuries in a bicycle accident in Fairfax, Virginia, the experienced bicycle accident attorneys at Marks & Harrison are here to help. Our skilled legal team has the knowledge and resources to take on insurance companies and stand up for your rights. Contact us today for a free consultation to learn more.

Where Do Most Fairfax Bicycle Accidents Occur?

While bicycle accidents can happen anywhere, intersections are one of the most common locations where they occur in Fairfax. Motor vehicle drivers do not always check for bicycles before they turn, leading to dangerous collisions. Sometimes, the driver may see the cyclist but fail to yield the right of way. These collisions can involve significant speeds, leading to catastrophic or even fatal injuries for cyclists.

Bicycle accidents also occur frequently in parking lots and driveways. When a driver pulls forward or reverses out of a parking place, they might not check to see whether a cyclist is approaching. The resulting collision can lead to severe injuries. If the crash knocks the cyclist into oncoming traffic, the consequences can be tragic.

Crashes involving bicycles can happen on city streets as well. They are particularly common when a car driver tries to pass a cyclist without giving them enough room. While a small sideswipe accident might be a minor occurrence between two passenger vehicles, it can have devastating results for a cyclist. Contact our Fairfax car accident attorney today.

What Are the Most Common Causes of Bicycle Accidents?

Some of the most common causes of bicycle accidents in Fairfax include:

  • Driver inattention – Drivers may be distracted, feel drowsy, or simply not see the bicyclist. This lack of attention can lead to vehicles turning into the path of a bicycle or rear-ending one.
  • Speeding – Excessive vehicle speeds give drivers less reaction time to spot and avoid collisions with bicyclists.
  • Improper turning – Drivers making turns may cut corners or not check for oncoming bicyclists before turning. This negligence can cause dangerous collisions.
  • Passing too closely – Overtaking vehicles may not provide the three-foot clearance Virginia Code § 46.2-839 requires when passing a bicycle. When they don’t leave enough room, sideswipe crashes can result.
  • Dooring – Drivers or passengers opening vehicle doors into the path of oncoming bicyclists can cause serious impact injuries.
  • Intoxication – Drunk drivers have delayed reaction times and impaired judgment that significantly increase the risk of accidents. Drunk driving bicycle accidents can lead to catastrophic injuries when the driver loses control of their vehicle.
  • Aggressive driving – Road rage behaviors like tailgating bicycles, improper passing, and other acts can lead to needless accidents.

What Are Common Injuries in Bicycle Accidents?

Some frequent injuries suffered in bike collisions include:

  • Traumatic brain injuries (TBIs) – If a bicyclist’s helmet-less head hits the ground or a vehicle, a concussion or more severe TBI can result. Even helmet use cannot prevent all head trauma.
  • Spinal cord injuries – The forces involved in bicycle crashes can fracture vertebrae or severely stretch and tear the spinal cord. These injuries may lead to temporary or permanent paralysis.
  • Orthopedic injuries – Arms, shoulders, wrists, legs, knees, and ankles are all prone to severe fractures, dislocations, sprains, and soft tissue tears during bicycle wrecks. Surgery and therapy may be required.
  • Road rash – If a bicyclist is thrown from the bike onto the road, severe abrasions can result. Road rash can lead to scarring and infections.
  • Internal organ damage – Bicycle handles, frames, or vehicle bumpers impacting the abdomen can lacerate organs like the spleen, kidneys, liver, and intestines. Organ damage can be fatal if left untreated.
  • Wrongful death – When catastrophic injuries occur, bicycle accidents can often be deadly. Grieving families may pursue wrongful death claims in these cases.

What Are Virginia’s Bicycle Laws?

Bicycles are considered vehicles when they are used on Virginia’s roads. Like all vehicle operators, cyclists must obey all traffic signs and signals. They must also ride on the right side of the road with the flow of regular traffic and use turn lanes for turning.

The following bicycle-specific laws and guidelines are in place to keep cyclists safe:

  • Use hand signals for turning and stopping.
  • Use the designated bike lane if available, or use the right shoulder when riding much slower than other traffic.
  • If riding with others at the same speed as other traffic, riding two abreast can help make you more visible. Riding more than two abreast is not allowed. Ride in a single-file line if you are going slower than the other traffic.
  • Do not ride on interstate highways or roads with signs restricting bicycle riding.
  • Yield the right of way to pedestrians and alert them when passing or approaching them from behind.
  • If riding with children, they must be in special seats or trailers.
  • Use white headlamps, rear reflectors, and a red taillight when riding at night.

In addition to keeping you safe, observing these laws and guidelines can reduce the likelihood that you will be liable for any accidents that occur.

Are the Laws Different If I Have an Electric Bicycle?

Virginia treats electric bicycles (e-bikes) like normal bicycles in almost every way. However, there are exceptions if you are riding a class 3 e-bike. This is a type of electric bicycle that can provide assistance up to 28 miles per hour. All riders of class 3 e-bikes must wear helmets and must be 14 or older. Otherwise, electric bicycles can ride anywhere other bicycles can. Those riding e-bikes must also obey all the same traffic laws. Contact our Fairfax personal injury lawyer today.

Is a Helmet Required in Fairfax?

Fairfax requires all cyclists aged 14 or younger to wear bicycle helmets while riding. Older riders do not need to wear a helmet. However, using a helmet can significantly decrease your chances of suffering a traumatic brain injury in a bicycle accident. It might even save your life.

What Compensation Is Available in a Bicycle Accident Lawsuit?

Injured cyclists may potentially recover compensation from the person who injured them for many accident-related losses, such as:

  • Medical expenses – The at-fault party may have to pay for ambulance transport, ER treatment, surgery, hospitalization, physical therapy, prescriptions, assistive devices, and more.
  • Lost income – If injuries prevent someone from working for a period of time, they may have the right to pursue lost wages.
  • Loss of future income – Permanent disabilities may impair someone’s long-term ability to work or require switching to a lower-paying job.
  • Pain and suffering – Compensation could be available for both physical pain and emotional trauma from the accident.

Is There a Time Limit in Virginia for Filing My Bicycle Accident Claim?

Virginia Code § 8.01-243 requires most accident victims to initiate legal action against the at-fault party within two years of the accident date. If you don’t file in time, you may lose your right to claim compensation for your accident-related losses. However, the circumstances of your case may give you more or less time to file a lawsuit. You should speak with a knowledgeable Virginia bicycle accident attorney to ensure you do not miss any deadlines.

Contact a Fairfax Bicycle Accident Lawyer

Life after a bicycle accident can feel overwhelming. In addition to the physical pain and financial turmoil you may be experiencing, you might also be struggling emotionally. These challenges can make it difficult to know what steps to take to regain control of your life.

The experienced Fairfax bicycle accident attorneys at Marks & Harrison understand what you are going through right now. Over the past 100 years, our law firm has successfully helped thousands of Virginians fight for the compensation they deserve – and we are ready to help you, too. Our lawyers work on a contingency fee basis, meaning that you will not owe us anything unless we secure compensation for you. Contact us today for a free consultation with a member of our team to learn more about how our attorneys can fight for you.