If I Am Riding a Bike in Virginia and I Am Hit by a Car, Can I Sue the Driver?

Jan 19, 2022 | Auto Accidents

Virginia is known for being a bike-friendly state, but accidents do still happen. According to recent data from the Virginia Highway Safety Office, there are approximately 638 bicycle accidents per year.

Being hit by a car or truck when you’re on a bike with limited protection (a helmet is no match for the armor a vehicle provides) can result in catastrophic injuries. You’re probably wondering, then, if you can sue the driver of the car to recover financially. The short answer is yes, though you’ll often want to contact their insurance company first.

In this article, we’ll walk you through your options.

Start with the Driver’s Insurance Company

Going straight to court can be costly and potentially unnecessary. The first course of action is to recover from the driver’s insurance company. Your attorney can handle all the negotiations and submit all relevant information. Working with an attorney can be extremely helpful because while you’re focusing on healing and recovery, an attorney who’s experienced in dealing with insurance companies and negotiations will do all the heavy lifting.

In a settlement with the driver’s insurance, you will likely be eligible to receive compensation for the following:

  Medical bills (including ongoing treatment)

  Lost wages

  Replacement or repair of your bicycle

  Pain and suffering that occurred as a result of your accident

Determining Fault

Though the bicyclist is inevitably at a disadvantage when colliding with a vehicle, this doesn’t necessarily mean that the driver was 100% at fault.

In many accidents, the parties may share the blame. For example, if a bicyclist does not reasonably observe a traffic law or makes a reckless maneuver, the rider may be deemed partially at fault. Because Virginia follows a standard of contributory negligence, if any fault is attributed to the bicyclist, it can completely bar their recovery.

This is where the experience of an attorney can be beneficial. While an insurance company may be quick to point out any potential error made by the bicyclist as negligence, an attorney can find reasons why the biker was not negligent.

For example, a bicyclist that leaves the bike lane and is struck by a car would appear negligent for violating a statute. However, let’s say that the bicyclist entered the street to avoid an immediate hazard. Here, the bicyclist had a tough choice between an immediate and potentially life-threatening collision or entering mainstream traffic and hoping that the other drivers on the road were paying attention.

Given the tough decision that the bicyclist finds themself in, one would have to weigh the reasonableness of entering traffic versus the action of facing a surefire collision. This fact-based analysis is what an attorney will argue with the insurance company or in court to make your case.

According to researchers, bicyclists who do break the law are usually motivated by saving lives, whereas motorists tend to cut legal corners out of pure convenience. If a bicyclist did violate a traffic law, the key would be determining the motivation and the available alternatives.

Contact Our Personal Injury Attorneys for Help

At Geoff McDonald and Associates, we offer a free consultation with an experienced personal injury attorney and plan your next steps. There can be a lot to consider, and many factors could complicate these cases, especially if the driver ran or was not insured. Contact us today to discuss your case.

Geoff McDonald and Associates: 804-888-8888.

FREE CONSULTATION

No Fees Unless We Win







    How Are Truck Accidents Different From Car Accidents in Virginia?

    Power trucking accidents are one of the most dangerous types of road accidents, and they differ significantly from car accidents in several ways. The most apparent difference between a truck and a car is their size and weight. Trucks are much bigger and heavier than...

    What to Do if You’re Hurt in a Virginia Multi-Vehicle Crash

    Any car accident has the potential to cause catastrophic injuries and property damage, and multi-vehicle accidents can dramatically increase those risks.  Multiple-vehicle accidents involve three or more vehicles, which also complicates determining fault and...

    How Do I Know If I Have a Valid Truck Accident Case in Virginia?

    Truck accidents are some of the deadliest vehicle accidents that occur across Virginia, especially when commercial trucks collide with smaller vehicles. If you or a loved one suffered injuries in a truck collision, you may ask, “Do I have a valid truck accident case?”...

    Is It Illegal to Tailgate Behind another Car in Virginia?

    Following too closely in Virginia is a traffic infraction punishable by a fine beginning at $81. Tailgating in Virginia is not only a moving traffic violation that could result in demerit points on your driver’s license, but is also dangerous to drivers and passengers...

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald