In order to assert a claim in Virginia for personal injury, we have to prove that the other person was negligent. Negligence is defined as failing to do what a reasonable person would do in that same situation, in other words using due care and regard and doing your duty to other motorists, bicyclists, and occupants of the roadway.
It is our responsibility to prove the case, not just make allegations. We do this through a competent and thorough investigation as soon as you engage an our attorneys. We immediately begin to find all of the pieces of evidence that we can use to prove that the other side was at fault.
Gathering evidence is extremely important. Gathering this evidence needs to be done immediately, because some evidence can be lost over time, if not preserved. Some evidence in a bicycle accident case includes:
- Police accident reports (known as FR-300s)
- Witness statements
- Photographs and videos of the location of the scene, as well as injuries and debris
- Surveillance cameras and dash camera footage
- Cell phone records
- Traffic signal timing records
- Testimony from first responders
- Accident reconstruction reports
- Other forensic evaluations
Contributory negligence and Alexandria Bicycle Accidents
Bicycle accidents can be extremely difficult, and the insurance companies do everything they can to attack your claim. The insurance companies only have to prove that you, the bicyclist, were 1% responsible for the accident.
Virginia practices a legal doctrine known as contributory negligence. This is the same as in DC as well as in Maryland. If the defendant, or the at fault insurance company can prove that you were in some way negligent in the happening of the accident – even just a little bit! – then this contributory negligence acts as a bar to your recovery.
What is an Alexandria Bicycle Accident case worth?
No competent attorney can tell you over the phone, or when you walk into the office, exactly what your case is worth. While you are entitled to compensation for your injuries if the other person is at fault, we have to prove your damages. In order to do that, we have to fully evaluate the elements of your damages.
Damages fall into varying categories, called economic damages, non-economic damages, and punitive damages. However, there are a lot of pieces that make up the totality of how this accident impacted you, such as:
- Emergency room bills
- Emergency Room Physicians bills
- Radiology invoices
- Prescription costs
- Time lost from work (including sick time and vacation time used)
- Reduced earning capacity
- Future medical expenses
- Future lost wages
- Pain and suffering
- Emotional distress and trauma
- Property damage
- Impairment in activities of daily living
- Permanency of any injuries
- Scarring
The statute of limitations for Virginia bicycle accident lawsuits
An Alexandria bicycle accident is governed by the law in Virginia for personal injury claims. Virginia law gives you two years from the date of the accident to file a lawsuit against the negligent party or parties who caused the accident. If you do not file a lawsuit within this time, this will act as a bar to your recovery.
However, the two-year limit is not the only time window that you need to worry about! If your accident was caused by a local government vehicle, a state government vehicle, or someone from the federal government, then there are other timelines that begin to run from the day the accident happened. These timelines are governed by the various “tort claims acts”, in both state and federal law. If you do not properly notify the governmental authority, then they have ammunition to attack and defeat your claim on legal procedural grounds. Always call an attorney immediately after a bicycle accident!
Contact an experienced Alexandria Bicycle Accident lawyer today!
At Blaszkow Legal, we are ready, willing, and able to help our fight for our clients throughout the Commonwealth of Virginia who had been injured as the result of someone else’s negligence. Our team of attorneys, paralegals, and investigators can handle all kinds of cases from smaller accidents to catastrophic injuries, and even wrongful death claims. No matter how the accident happened or who was involved, we can fight for you from beginning to end!
Get Justice with Joe, and call the best Alexandria bicycle accident lawyer you can find!
