Newport News Bicycle Accident Lawyer

Representing Injured Cyclists in Newport News, VA

While many people think of bicycles as a form of transportation, the fact is that many people use bicycles for recreation, including on our many scenic highways and byways. Whether you are riding your bike to work or school, to run errands, or for fun, you have the same rights and responsibilities as any other driver on the road. Unfortunately, not all drivers are aware of this, and many do not exercise reasonable care when they are sharing the road with bicyclists.

At Kalfus & Nachman PC, we represent bicycle accident victims in Newport News and the surrounding communities. If you or someone you love was injured, you can rely on our team to fight for the full compensation you are owed. Our Newport News bicycle accident attorneys handle cases involving serious and catastrophic injuries, as well as wrongful death. We have been serving the community since 1979 and have the experience, resources, and skill to take on any opponent, including large corporations and insurance companies.

Call our Newport News bicycle accident lawyers at (855) 880-8163 or contact us online to request a free, no-obligation consultation.

Virginia Bicycle Laws

In Virginia, bicycles are considered vehicles, which means cyclists have the same rights and responsibilities as drivers. They must obey all traffic signals, stop signs, and lane markings just like any motorist. Bicyclists can ride on most public roads unless there's a sign specifically prohibiting it, such as on certain highways. When riding, cyclists should stay as far to the right as is safe, but they can move left to pass, turn, or avoid road hazards. They're also allowed to ride two abreast (side-by-side) in the same lane.

Cyclists aren’t always required to ride in bike lanes, even if one is present, but doing so is encouraged for safety. Riding on sidewalks is allowed in some areas but not in others—cities and counties set their own rules, especially in business districts. Cyclists may also ride on road shoulders, but again, it’s not mandatory.

Motorists must give at least three feet of space when passing a bicycle and, if possible, change lanes to do so safely. At night or in low-light conditions, bicycles must be equipped with a white front light visible from 500 feet, a red rear reflector, and a red rear light if riding on roads with speed limits of 35 mph or more.

Virginia has no statewide helmet law, but some local governments require helmets for children under 14. It’s a good idea for all riders to wear helmets for safety, regardless of age. Cyclists should also use hand signals when turning or stopping unless they need both hands to maintain control of the bike.

Riding with earphones in both ears is illegal in the state, as it can affect your ability to hear traffic. While using a phone while riding isn’t explicitly banned, it’s discouraged since it can be distracting. Electric bicycles, or e-bikes, are legal in Virginia and are classified into three types based on speed and how they’re powered. Most are allowed on roads and bike paths, but some local areas may place restrictions on faster e-bikes.

Finally, while Virginia’s DUI laws don’t apply to bicycles, riding while drunk can still lead to other charges, such as public intoxication. Children under age five must ride in a proper child seat or carrier if they’re passengers on a bike.

Common Causes of Bike Accidents

A bicycle accident typically refers to any collision or incident involving a bicycle and another vehicle, object, or pedestrian that results in injury or damage.

Common causes of bicycle accidents involving negligent motorists include:

• Failure to Yield: Motorists may fail to yield the right of way to cyclists at intersections, crosswalks, or when merging into traffic, leading to collisions.
• Distracted Driving: Motorists who are distracted by activities such as texting, talking on the phone, eating, or adjusting the radio are less likely to see cyclists and may inadvertently cause an accident.
• Unsafe Passing: Motorists may pass cyclists too closely or attempt to pass when it is unsafe to do so, causing collisions or forcing cyclists off the road.
• Dooring: When a motorist opens their car door without checking for approaching cyclists, it can result in a cyclist colliding with the door or swerving into traffic to avoid it.
• Speeding: Excessive speed reduces a motorist's ability to react to unexpected situations, increasing the likelihood of colliding with cyclists.
• Impaired Driving: Driving under the influence of alcohol or drugs significantly impairs a motorist's judgment, reaction time, and ability to operate their vehicle safely, putting cyclists at greater risk.
• Ignoring Traffic Signs and Signals: Motorists who run red lights, stop signs, or fail to obey other traffic signals may collide with cyclists who have the right of way.
• Aggressive Driving: Aggressive behaviors such as tailgating, honking, or deliberately swerving towards cyclists can create dangerous situations and lead to accidents.
• Inadequate Awareness or Education: Some motorists may not be adequately aware of cyclists' rights and may fail to share the road safely, leading to accidents caused by ignorance or lack of understanding.

Types of Bicycle Accident Injuries

When a bicyclist is struck by a car or any other type of motor vehicle, the resulting injuries are often severe. Bicyclists have no protection from the force of impact, and they are often thrown from their bikes, onto the road, and into other vehicles or objects. Unfortunately, this means that bicycle accidents often result in life-altering and even fatal injuries.

At Kalfus & Nachman PC, we represent bicycle accident victims who have suffered a wide range of injuries, including but not limited to:

Our firm has extensive experience handling complex cases involving very serious injuries. We understand the significant medical, emotional, and financial toll these injuries take on victims and their families. Our goal is to help you recover the full, fair compensation you are owed so that you can focus on healing.

FAQs About Bicycle Accident Claims in Newport News

What should I do immediately after a bicycle accident in Virginia?

After a bicycle accident, ensure your safety and seek medical attention if needed. Call 911 to report the accident and get a police report. If possible, take photos of the scene, gather contact information from witnesses and the driver involved, and avoid admitting fault. Promptly seek medical care and consult a personal injury attorney to protect your rights.

Can I file a claim if I was partially at fault for the accident?

Virginia follows a strict contributory negligence rule, meaning if you are found even 1% at fault, you may be barred from recovering compensation. Because of this harsh standard, it’s critical to have an experienced attorney evaluate your case and help you build a strong claim.

What damages can I recover in a bicycle accident claim?

You may be eligible to recover:

• Medical expenses (past and future)
• Lost wages and future earning capacity
• Pain and suffering
• Property damage (e.g., to your bicycle)
• Permanent disability or disfigurement
• Loss of enjoyment of life

How long do I have to file a bicycle accident claim in Virginia?

In most cases, you have two years from the date of the accident to file a personal injury lawsuit under Virginia’s statute of limitations. However, if the claim involves a government entity (e.g., poor road maintenance), shorter deadlines and special procedures may apply.

Who can be held liable in a bicycle accident case?

Liable parties may include:

• Negligent drivers
• Government entities (e.g., for unsafe road conditions)
• Employers (if the driver was working at the time)
• Manufacturers (for defective bike parts or helmets)

Does auto insurance cover bicycle accidents?

Yes. If the driver is at fault, their auto liability insurance can cover your injuries. If the driver is uninsured or underinsured, your own uninsured/underinsured motorist (UM/UIM) coverage (if you have it) may apply—even if you weren’t in a car at the time.

What if I wasn’t wearing a helmet at the time of the crash?

Virginia does not have a statewide helmet law for adults. However, not wearing a helmet could affect how a jury views your injuries, especially head trauma. Even so, failure to wear a helmet doesn’t automatically bar your claim, but it may be used against you.

Do I need an attorney to handle my claim?

While you can file a claim on your own, insurance companies often try to minimize payouts—especially in contributory negligence states like Virginia. Our Newport News bicycle accident attorney can help preserve evidence, establish liability, and maximize your compensation.

How Our Firm Can Help

After a bicycle accident, you may be unsure of what to do next. You know that you are facing mounting medical bills, lost income, and other damages, but you may not know how to recover the compensation you are owed. That is where our firm comes in. At Kalfus & Nachman PC, we are here to help you.

When you choose our firm, you can expect the following and more:

• Compassionate, personalized guidance: We know that every case is unique, which is why we take the time to listen to your story and understand your goals. We then work to develop a personalized legal strategy that is tailored to your needs.
• Aggressive, results-oriented advocacy: We have a proven track record of success, and we are not afraid to fight for you in court, if necessary. Our attorneys are prepared to take on large corporations and insurance companies on your behalf.
• Regular communication and updates: We know that you have a lot on your plate, which is why we handle every aspect of your case so that you can focus on what matters most: your recovery. We are available to answer your questions and provide regular updates on your case.
• No fees unless we win: At Kalfus & Nachman PC, we do not charge any upfront fees. We handle all bicycle accident cases on a contingency fee basis, which means you owe us nothing unless/until we recover compensation for you.

After a bicycle accident, it is important to remember that the insurance company is not on your side. Insurance companies are for-profit corporations that are focused on their bottom line, not your well-being. They will try to pay you as little as possible, or nothing at all. When you hire our firm, we can deal with the insurance company on your behalf. We know the tactics they use, and we know how to fight back.

Call (855) 880-8163 to schedule your free consultation. We have offices in Newport News and serve clients throughout the state of Virginia.