Why are bicycle injury cases so challenging? By Josh Silverman on November 14, 2013

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.

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Josh Silverman

Silverman Law Firm LC

At the Silverman Law Firm LC in Richmond, VA, attorney Josh Silverman and his team represent victims of personal injuries and medical malpractice. Josh Silverman has been recognized as a "Virginia Super Lawyer" every year since 2013 and was selected as a 2015 Top Rated Lawyer in Healthcare Law based on his AV Peer Review Rating in Martindale-Hubbell©.

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