Bicycle Accident Lawyer in Fairfax County
Get Your Free Claim Review
Bicycle accidents can occur for myriad reasons including poor road conditions and negligent, distracted drivers. Bicyclists have very little protection when they ride on the streets of Virginia, making them vulnerable to severe injuries if they are ever involved in an accident. At Parrish Law Firm PLLC, we have dedicated our careers to providing legal representation to bicycle crash victims and making sure they get the compensation they deserve after an accident.
For help recovering the injury compensation you need, schedule a free consultation with a bicycle accident lawyer in Fairfax County: 571-229-1800.
What can our attorneys do for you?
Bicycle accidents can cause a great deal of stress, especially when you were not at-fault for what happened. In addition to physical pain and injuries, you will likely have to deal with police officers, insurance companies, and numerous medical professionals. With so much on your plate, you may feel overwhelmed and unable to focus on what’s truly important: you and your family’s health and overall well-being.
The attorneys on our staff can help alleviate some of your stress by taking on many of the responsibilities associated with your claim. Our lawyers will:
- Handle your insurance claim and become the contact person for the insurance adjuster on your case
- Evaluate any settlement offers you receive from your insurer
- Attempt to settle your case out-of-court to save you time and money
- File a lawsuit on your behalf and fight for damages in court, if a fair settlement is not possible
What can I expect when I file a claim?
To recover the compensation you need for medical bills, lost wages, and “pain and suffering” and inconvenience damages, you must file an insurance claim and prove the other party’s negligence. This process requires:
Determining Who is at Fault
Virginia drivers have a legal responsibility to operate their vehicles safely and share the road safely with not only other vehicles, but with bicyclists and pedestrians as well. Our first step is to determine who is at fault for your accident so we know whom to file against. To determine who caused your accident, we will:
- Research Virginia traffic statutes to find out if the other party violated any traffic laws
- Contact witnesses to get a complete picture of what happened
- Thoroughly review the police report completed at the scene of the accident
- Review photographs, video, and other evidence from the scene of the crash
In many cases, the bicyclist is not at fault for what happened. Bicycle accidents often result from a driver’s negligence (e.g., swerving into a bike lane, opening a car door without checking for bicyclists). When drivers fail to abide by traffic laws, they breach the duty they owe to you as a fellow traveler on the road, and are therefore responsible for your injuries.
Bicycle manufacturers may also be at fault. Manufacturers have a responsibility to provide safe, non-defective parts so that your bicycle can run smoothly. If your accident results from a defective part, we can hold that manufacturer liable for the crash.
However, bicyclists also have a responsibility to ensure their own safety and avoid accidents. If a bicyclist fails to wear a helmet or rides unsafely, he might be partially at-fault for the crash. Because Virginia is a contributory negligence state, recovering the compensation you need is difficult if you were partially at-fault. You need a lawyer to help you establish the other party, not you, caused the accident.
Now that we have determined who is at fault in your accident, we will need to prove it. Our attorneys will prove that the defendant owed you a duty of care, breached that duty, and caused your accident and damages. How we prove your case will depend on how the at-fault party breached the duty it owed you. For example:
- If a driver was texting on her phone and failed to see you on your bike, she breached a duty by engaging in distracted driving. Bicycles are small and hard to see, so drivers must pay careful attention while driving. We will prove that the driver was texting at the time and that this distraction caused the accident and your injuries by presenting police reports, witness testimony, expert testimony, and other evidence.
- If a driver was driving under the influence during the accident, we will use blood alcohol test results, police reports, and officer and witness testimony to prove that the driver was drunk and that your accident and injuries would likely not have occurred if the driver was not intoxicated. Your medical records and expert testimony will establish the severity of your injuries.
What compensation can I recover?
Bicycle accidents can cause severe injuries requiring years of physical therapy or even at-home care. Filing a claim against at-fault parties gives you the opportunity to recover damages to cover these expenses and more. You may recover compensatory damages for:
- Medical expenses
- Lost wages
- Loss of earning capacity
- “Pain and suffering” and inconvenience
- Mental anguish
What if the insurer’s offer is too low?
In an ideal world, all bicycle accident claims would settle quickly outside of court to save victims from having to go through time consuming litigation. Unfortunately, the reality is that insurance companies are in the business of making money and are not always interested in offering you a fair amount for your injuries.
If the insurer refuses to offer you a fair settlement, we will take it to court. And because our founder, Jim Parrish, used to represent insurance companies, he knows how to approach the situation.
Call the Parrish Law Firm, PLLC for help today.
Getting hit by a car when you are on your bike can be a devastating event. The attorneys at our firm have handled bicycle accident claims for numerous victims and families and know how to represent you in court. In addition to an extensive knowledge of motor vehicle laws and bicycle ordinances, the attorneys at the Parrish Law Firm, PLLC have a qualified team of investigators that leave no stone unturned when evaluating your crash.
Call 571-229-1800 as soon as possible to find out more information on filing a claim after a bike accident.