You may be wondering what to do after being involved in a bicycle accident. After you’ve gotten the necessary medical treatment, there are several things you need to do. Your bike may be your best evidence as to what happened. Preserve it.
Get as many pictures as you can of the bike showing the different gear ratios. Also photograph any marks on the tires or rims that may offer clues as to the impact.
Check any electronic devices on the bike. This may provide a good bit of data.
Visit the scene and look for any private or public cameras that may have been operational at the time.
Take as many photos of the scene as you can. The scene may well change by the time your case comes to trial. These photos are critical.
Collect all of the papers relating to the purchase and maintenance of your bike. These could be important.
Preserve the clothing that you were wearing. That clothing itself and any damage to it may be critical.
Write down a statement giving all of the details of the crash. This is meant for your attorney and therefore it should be considered an attorney-client communication.
Gather as much data as you can as to whether or not this is a heavy bike usage area. That may have a bearing on the liability picture.
Finally, contact a personal injury attorney at Brien Roche Law Firm.
What is the State’s Law on Bike Accidents?
There are several Virginia statutes that deal with bicycle accidents. In general bike riders are subject to the rules of the road. Va. Code § 46.2-800.
When a vehicle overtakes a bike, it is required to pass at least 3 feet to the left of the bike. Va. Code § 46.2-839.
Bikes may be ridden on the sidewalk but there are significant limitations. Va. Code § 46.2-903. If you are approaching a pedestrian, you must give a signal to warn the pedestrian.
Also be aware of any local ordinances requiring the wearing of helmets.
If you are riding your bike in D.C., you may have greater protection. There are now D.C. laws that create a comparative negligence system for bike riding claims. That is different than in Virginia.
What Do I Need to Consider in Terms of Prevention?
Prevention is not just something that you consider post-crash. You need to consider it before you begin riding on public streets or sidewalks. As a bike rider, you need to not only be aware of the need for a helmet but also be aware of the fact that an automobile driver may not hear your bike horn if you use one. You need to make sure that drivers see you. Wearing gear that reflects or flashes is a good idea. You need to make sure that drivers are aware of your turns well in advance of you making the turn. Although bike riders may have equal rights, you need to recognize the reality of bicycle crashes with automobiles. The bike rider loses in terms of injury.
In addition you need to be sensitive to the fact that there are many electric cars on the road. They are silent. You may not hear them coming.
What are the Defenses to a Bicycle Accident Claim?
The primary defense is contributory negligence. Virginia is a contributory negligence state. If you fail to wear a helmet when one is required, that could be contributory negligence. Any violation of the rules of the road is evidence of contributory negligence. Contributory negligence is a bar to your claim in Virginia.
Another defense that may be asserted is assumption of the risk. A bike rider riding to the right of a right-turning vehicle may be guilty of either assumption of the risk or contributory negligence. Riding at night without the proper lights may be assumption of the risk. It may also be contributory negligence.