Why are bicycle injury cases so challenging?
Car v. bicycle accidents seem to be occurring more frequently. In Richmond there have been several well publicized hit and run collisions involving cyclists. My first trial involved a bicyclist hit by a car in Goochland. Fortunately he did not suffer serious injuries. Other clients have not fared as well. In Richmond cycling is becoming more popular particular with the upcoming world championships being held in Richmond.
There are some misconceptions about bicycle accidents that need correcting. First, with the exception of interstates, bicyclists in Virginia have an equal right to the roadways. Secondly, it is no defense that bicyclists are more vulnerable to serious injuries than if they were in a vehicle. You can't defend a case based on the idea that you assume the risk of injury by riding a bicycle on a major roadway in Virginia. Thirdly, a cyclist can recover damages even in a hit and run accident. If the cyclist has an automobile policy in the household he or she may be able to recover damages under the uninsured motorist provision of that policy without an increase in insurance premiums.
If you would like more information about personal injuries sustained in an automobile accident, please visit our automobile injury practice page on our website. Part of the page is devoted to bicycle accidents. Also, here is a link to an excellent blog post I just read discussing why prosecutors often decline to press charges in bicycle accident cases.
