If a driver hit you while you were cycling in Virginia Beach, you may be entitled to compensation for your injuries, lost income, and more. I'm Scott Barney, a Hampton Roads personal injury attorney with 20+ years of experience holding negligent drivers accountable to the cyclists they injure, all on a no-win, no-fee basis.
Virginia Bicycle Laws and Who Has the Right of Way
In Virginia, bicycles are generally treated as vehicles. Under Va. Code § 46.2-800, cyclists have the same rights to the road as motorists, and they are subject to the same traffic laws. You must ride with traffic, obey signals, and use hand signals when turning.
However, motorists have specific duties when sharing the road. Va. Code § 46.2-839 requires drivers passing a bicycle to leave at least three feet of clearance and pass at a reasonable speed. If the lane is too narrow to pass safely, the driver must change lanes. Many crashes happen because drivers ignore this rule, misjudge the distance, or try to squeeze past.
Intersections are the most common site of bicycle crashes. Drivers often fail to see a cyclist when making a right turn (the 'right hook') or a left turn across traffic. Proving who had the right of way requires examining the sight lines, the traffic controls, and exactly where the impact occurred.
The Danger of Contributory Negligence for Cyclists
Virginia's strict contributory negligence rule is a weapon for insurance companies. If they can prove you were even 1% at fault for the crash, you cannot recover any compensation for your injuries. Not a reduced amount—nothing.
Adjusters will scrutinize your actions. Were you riding on the sidewalk where prohibited by local ordinance? Did you lack the required headlight or rear reflector if riding at night (Va. Code § 46.2-1015)? Did you swerve slightly into the lane? They will use any minor infraction to argue you contributed to the crash.
This is why you should never speak to the driver's insurance company without a lawyer. A seemingly innocent comment about not wearing bright clothing or looking down for a second can be twisted into an admission of fault that destroys your claim.
Common Bicycle Injuries and Case Value
Cyclists have virtually no protection against a two-ton vehicle. The injuries are often severe: traumatic brain injuries (even with a helmet), collarbone fractures, spinal damage, and severe road rash. The medical bills add up rapidly, and the recovery can take months or years.
Your case value is heavily dependent on your 'medical specials'—the total cost of your treatment. It is critical that you follow your doctor's orders completely and do not miss appointments. Gaps in treatment give the insurer room to argue you were not actually that hurt.
Beyond medical bills, you are entitled to compensation for lost wages, the repair or replacement of your bicycle (which can be a substantial asset), and your physical pain and suffering. A quick settlement offer from the insurer is designed to close the case before you realize the true cost of these damages.
Cases I Handle
Common Virginia Beach bicycle crashes
How I Help
What I do for you
Establish right of way
I use the scene, traffic laws, and witnesses to show the driver, not you, caused the crash.
Document the injuries
Cyclists absorb the full impact. I build a complete medical record of fractures, head injuries, and road rash.
Manage the insurer
I handle all communication so the driver's insurer can't shift blame onto you.
Pursue full value
I negotiate hard and, when needed, take the case to court for what your recovery truly costs.
What You May Recover
Compensation in a Virginia bicycle claim
- Medical bills: emergency, surgical, and ongoing care
- Lost wages and future earning capacity
- Replacement of your bicycle and equipment
- Pain, suffering, and permanent injury
- Out-of-pocket costs tied to your recovery
Recent Results
Outcomes for clients
Case results depend upon a variety of factors unique to each case. Past results do not guarantee, warrant, or predict a similar outcome in any future case.
Bicycle Accidents FAQ
Questions I hear most
Serving Hampton Roads
Hurt and not sure what to do? Let's talk today.
Free, confidential, and no obligation. You owe me nothing unless I win your case.