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(757) 244-7000When Do You Need Bicycle Accident & Injury Lawyers?
A lawyer can help you and your family recover after a bicycle accident injury.
Bicycling is environmentally-friendly transportation, exercise, and sport for so many, but there is a real risk of injury for bicyclists. After an accident, your priority is healing and getting your life back to normal as best as possible. A bicycle accident lawsuit can be part of that process. Your legal action can bring about tangible benefits to your life, improve your future prospects, and help increase safety for other bicyclists in your community.
At the Smith Law Center in Virginia, we have a track record of achieving record-setting settlements and verdicts for our clients. This is due to our skills as trial lawyers, and our in-depth knowledge of catastrophic injury laws, particularly brain and spinal cord injuries. The billions we’ve recovered for our clients helps each of them access the long-term treatment needed after profound injuries, and relieves the burdens of care for their families and loved ones.
Whether your injuries are mild or severe, the bicycle accident and injury lawyers at Smith Law Center shall pursue the maximum compensation available to help you. Contact us directly online or by calling (757) 244-7000 to discuss representation. For more information on common causes of bicycle accidents and how that impacts liability under the law, read on.
What Is My Bicycle Accident and Injury Worth?
The settlement or damages award achieved by a bicycle accident injury lawsuit could include coverage for:
- Medical bills, everything from an initial ambulance to surgeries, medications, and ongoing physical therapy
- Lost wages and other job-related benefits such as sick and vacation time used to recover from your accident, lost advancement opportunities, reduced hours, or loss of employment entirely due to an inability to work due to your injuries
- Pain and suffering losses like the physical pain associated broken bones, bruises, and lacerations, and also psychological anguish of panic, stress, and grief
- Punitive damages which are punishment fees a judge may charge to a wrongdoer or negligent party in your case, funds which are then awarded to you on top of
- Remedies like installing a safety guardrail or stoplight, changing emergency protocols, or other solutions that help prevent what happened to you from happening again to someone else
If a bicycle accident caused or contributed to the death of your loved one, another legal option you have is a wrongful death lawsuit. Such lawsuits help pay for end-of-life and funeral expenses, account for the loss of financial support and emotional companionship, as well as provide a valuable sense of justice and closure for your family.
What Is the Most Common Bicycle Accident Injury?
Even when wearing protective clothing and safety gear like helmets on a bicycle, our bodies are largely vulnerable should we fall, crash, or get hit by another vehicle. The most common bicycle accident injuries include:
- Soft tissue injuries to skin caused by road rash, bruising, or lacerations, including to the face and eyes of bicyclists
- Head and neck injuries caused by whiplash due to sudden stopping, and impact injuries that can lead to traumatic brain injury (TBI) or spinal cord damage
- Broken bones and other musculoskeletal like dislocations and sprains
- Vital organ damage from tears, ruptures, or puncture traumas
- Genitourinary injuries to the genital area, reproductive organs, or urinary system
Even when learning to ride a bike with every safety precaution, a simple fall can still cause serious injury to skin, joints, bone, and brain. However, if you’re involved in a bicycle accident with another vehicle, the risk of severe and irreversible injury skyrockets.
Where Do Most Bike Accidents Happen?
The statistics for where most bicycle accidents occur paint a revealing picture regarding where safety standards are lacking. According to the Insurance Institute for Highway Safety (IIHS):
- The majority of bicyclist deaths occur in urban areas each year (as high as 80%), as opposed to rural areas (20%).
- Most bicyclist deaths occur between 6-9 PM, regardless of the season (these are the twilight hours around sunset).
- Men are 4x more likely to be injured and 6-8x more likely to die in bicycle accidents than women. Men’s share of the fatality number has been greater than women’s every year since 1975.
- Counterintuitively, bicycle fatalities in bike lanes, intersections, and parking lots make up only 37% of deaths, while the majority (63%) occurred on the open road or other locations (like driveways).
- Adults between 50 to 59 years old have the highest rate of bicycle fatalities, while children and adolescents under 20 years old have the majority of non-fatal bicycle-related injuries.
These numbers indicate that adult bicyclists are most in danger during the evening hours, and in places where drivers don’t stop to look for pedestrians.
Data and research like this helps your attorney build your injury case, as it indicates that fatal crashes are more likely when drivers aren’t paying close attention. It also helps account for when environmental factors (like the brightness/position of the sun) could be minor or major factors in an accident.
What Should I Do if Someone Has Hit Me While I Was Biking?
If you’ve been struck by a car, truck, motorcycle, or other vehicle/individual while riding your bike, your first priority is your safety.
All injuries, even if they seem minor at the time, should be evaluated by a medical professional. If you’re able to do so, securing your private effects is also important. Items like your keys, wallet, and other valuable or identifying possessions should stay with you.
Once you are home or stabilized in the hospital, here are the next steps you should take to protect yourself:
- Call an attorney: The sooner you have a legal professional on your team, the better. The lawyers at Smith Law Center can gather evidence on your behalf, interview witnesses and bystanders, advise you regarding initial insurance company offers to settle, and file any paperwork necessary to begin legal action.
- Maintain your privacy: You are under no obligation to talk directly to the people who hit you, nor their legal or insurance representatives. If you speak to police, you can do so with an attorney by your side. When talking to medical staff, you only need to discuss medical matters which they must keep confidential, not any other details regarding the accident.
- Keep all records: Any documents about medical procedures, insurance paperwork, or other bills associated with your accident (like towing) should be kept whenever possible. These records can serve as vital evidence later to help us strengthen negotiations for a settlement or argument in court should your case go to trial.
If you have questions about your rights or what qualifies as possible important evidence, speak with an attorney at Smith Law Center for specific information. We provide a free, no-obligation consultation regarding your legal options and the services we provide with representation.
“The attorneys and staff at Smith Law Center are great to work with. They care not only about a successful recovery, but ensuring their clients know what options are available for protecting the recovery long-term.”
– Andy H.
Contact Bicycle Accident and Injury Lawyers
If you’ve been injured due to a bicycle accident, regardless of whether it was caused by a motorist or by a negligently unsafe road, you deserve the resources necessary to heal with dignity and in peace. If you are acting on behalf of an injured loved one, you deserve support as a caretaker, and the means required to keep your family stable and secure during this difficult time.
The bicycle accident and personal injury lawyers at Smith Law Center understand what life-altering accidents mean for individuals and families. Our case results include multi-million dollar settlements and verdicts for our clients — satisfactory outcomes that are due to our thorough casework and extensive understanding of the law. We leave no stone unturned when seeking the compensation you’re entitled to after an accident.
Reach out to our attorneys at (757) 244-7000, or by filling out our online contact form. However mild or severe your injuries are, know that our lawyers recognize the true value of all that you have lost. We will work tirelessly to prove that worth in court, and seek the justice you deserve.
Bicycle Accident FAQs
ABOUT SMITH LAW CENTER
Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.
What are common auto-involved bicycle accidents?
Sharing the road with motor vehicles can be extremely dangerous for bicyclists due to common accident causes like:
- Failure to yield the proper right-of-way at an intersection
- Failure to stop fully at traffic lights or stop signs
- Side-swipes that occur when drivers strike or glance against riders in the bike lane
- Turning collisions that result while drivers executing a turn and fail to notice bicyclists
- “Door zone” crashes that happen when a parked car suddenly opens their door into the bike lane without remembering to check for bicyclists
Drivers of cars and trucks are used to sharing the road almost exclusively with other motorists. A moment of inattention from a driver could mean a lifetime of injuries for a bicyclist.
What is bicycle accident liability?
The law holds both drivers and adult bicyclists responsible for their own actions on the road. Liability is determined by the evidence gathered after the accident (such as witness statements, tire patterns on the road, and/or electronic data that could show a driver was texting while driving).
That being said, vehicle drivers are held to a higher standard of reasonable care. This is because they are operating a far more dangerous vehicle than a non-motorized bicycle, a machine that requires a higher amount of responsibility.
How many bicycle accidents are caused by cars?
During one year in the U.S. where over 1,000 bicyclists died and almost 467,000 were injured, the percentages broke down among six distinct causes:
- 30% were hit by a car
- 17% fell from their bikes
- 13% were due to poorly maintained roadways
- 13% were caused by bicycle rider errors
- 7% resulted from a collision with a fixed object
Of the car-involved accidents, 18% of those cases were due to drivers failing to see the bicyclist, and 22% were due to opening the driver or passenger side doors into the path of an oncoming bike rider.
How long do I have to file a bicycle accident lawsuit?
As with many other personal injury lawsuits, there is a limited window of time (known as a “statute of limitations”) during which you can file a lawsuit. The deadlines vary from state to state, but in Virginia where the Smith Law Center is headquartered, that timeframe is 2 years from the date of the injury.
After a severe injury, you may be incapable of doing the work necessary to file a suit. If you’re now the primary caretaker of your injured loved one, you likely do not have the time to gather evidence, research the law, and negotiate with opposing insurance agencies or attorneys. Let us handle the filing deadlines and all the relevant legal work on your behalf.
Call the Smith Law Center at (757) 244-7000, or fill out our online contact form to schedule your free consultation. There is no obligation or upfront cost on your part — we’re here to help you to the other side of this traumatic experience and a better future.
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DELIVERING RESULTS SINCE 1949
We are one of Virginia’s largest and most successful law firms.
IF WE DON’T WIN, YOU DON’T PAY
There are absolutely no out-of-pocket fees for filing a claim.
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Use the simple form below to send a message directly to our lawyers. We will respond within 1 hour or less during business hours.
SPEAK TO US NOW FOR FREE
Your legal questions answered, completely free of charge.
IF WE DON’T WIN, YOU DON’T PAY
There are absolutely no out-of-pocket fees for filing a claim.
If you or a relative had a severe reaction to military housing mold, it might be time to talk with a toxic mold lawyer. Mold is everywhere, and can be dangerous. Researchers have linked mold to serious respiratory illnesses in some individuals.
Smith Law Center may be able to help if a property owner failed to keep you safe from mold in your military housing. We are one of Virginia’s oldest and most successful firms. We know how to hold negligent property owners responsible, especially when the military is involved.
Call us at (757) 244-700 or contact us online to set up a free consultation. There’s no fee for learning more about Virginia mold laws, your rights, and your legal options.
Mold in Military Housing
Black mold in military housing became widely known when Reuters published an investigation in 2018. Since then, the Department of Defense and the housing providers were supposed to take steps to improve the situation.
Unfortunately, a 2020 audit by the DoD Office of Inspector General found many issues, including the need for mold remediation, still persist.
Monetary Awards in Military Housing Toxic Mold Cases
If the property owner lets toxic mold run wild and continue to cause you harm, talk with our toxic mold attorneys about filing a lawsuit.
You may receive financial compensation for:
- Property damage
- Out-of-pocket expenses
- Medical bills
- Pain and suffering
Service members and their families do not receive different types of damages than civilians. These are civil lawsuits in traditional courts of law.
Military Housing Mold Toxicity Symptoms
The Institute of Medicine discovered there was evidence connecting exposure to indoor mold with:
- Upper respiratory tract symptoms;
- Coughing;
- Wheezing;
- Asthma symptoms in individuals with asthma; and
- Hypersensitivity pneumonitis in individuals with weak immune systems.
There is also limited evidence that mold causes respiratory illnesses in healthy children or causes people to develop asthma.
Understanding Exposure to Toxic Mold in Military Housing
The topic of toxic mold is complicated. This Is in part because the term “toxic mold” isn’t accurate. The U.S. Centers for Disease Control and Prevention (CDC) explains mold isn’t toxic or poisonous. However, some molds are toxigenic, which means they produce toxins called mycotoxins.
Mold is common in military housing because it’ll grow anywhere there’s moisture. That includes on and inside walls, carpet, upholstery, wallpaper, and heating and air conditioning systems. This is especially pronounced in humid conditions such as those present in Virginia.
Some people have no difficulties around mold, even large infestations in their homes. Other individuals are sensitive to molds, including those that produce mycotoxins. Someone can have a severe reaction when exposed to a large amount of mold indoors.
People may be more likely to experience mold toxicity symptoms if they have:
- Allergies,
- An underlying lung disease,
- Immune suppression,
- Chronic obstructive pulmonary disorder,
- Asthma, or
- Another chronic respiratory disease.
Common Types of Military Housing Mold
When you’re trying to learn more from the CDC and other resources, you’ll see the word “fungus” a lot. Mold is a type of fungus, which is something that exists all around us. Fungi are living organisms different from animals, plants, and bacteria. There are over 200,000 types of fungi and over 100,000 types of molds.
If you discovered mold in your military housing, it could be Cladosporium, Penicillium, Stachybotrys chartarum, Aspergillus, or many other types. Stachybotrys is what everyone knows as black mold. Aspergillus is a common indoor fungus, which releases mycotoxins and can cause illness. Your symptoms may resemble common allergy or asthma symptoms.
Who is Liable for Military Housing Mold?
Since 1996, most military housing has come under the management of private companies:
- Belfour Beatty Communities: Fort Eustis and Fort Story/li>
- Lincoln Military Housing: Dahlgren, Little Creek, Naval Station Norfolk, Northwest Annex, Oceana, Portsmouth, Quantico, and Yorktown/li>
- Hunt Military Communities: Fort Lee and Langley AFB
Outside of Virginia, Lendlease and Corvias Military Living are two more housing providers. Together, these five companies formed the Military Housing Association.
Military families living in on-base housing must take their complaints to their private management company — not the military. The company is responsible for providing habitable conditions and making repairs, including mold remediation.
If you’re unsure about your rights, review your state law and local ordinances about mold. In general, it’s the landlord’s responsibility to provide a habitable unit, which means it has to be safe to live in. A unit isn’t safe if it’s causing a tenant health issues due to mold.
The Virginia Residential Landlord and Tenant Act requires landlords to disclose if there’s mold in the written report of the move-in inspection. If a tenant discovers visible mold in the unit, then the Act requires the landlord to remove the mold and relocate the tenant until it’s gone at no additional cost to the tenant.
Unfortunately, many families find their housing providers aren’t receptive to complaints. Attorney Stephen M. Smith has handled many mold lawsuits against military housing providers who fail to abide by their lease terms and the law when it comes to mold remediation and other hazards.
Other Hazards in Military Housing
Many service members and their families deal with uncomfortable, if not hazardous, conditions in privatized military housing, including:
Lead Paint: Lead-based paint can cause headaches, nausea, fatigue, irritability, behavioral problems, learning disabilities, seizures, organ damage, and in extreme cases, death.
Asbestos: Exposure to asbestos harms a person’s lungs, and can lead to lung fibrosis (scarring), lung cancer, and mesothelioma.
Radon: Radon is the second leading cause of lung cancer after smoking. It naturally forms underground, however cracks and gaps in buildings lead to over-exposure indoors.
Poor Water Quality: Dozens of military sites have water with detectable levels of harmful chemicals.
Other issues involve rodent or insect infestations, pesticides, and faulty electrical wiring.
What Happens When a Lot of People Get Sick?
Sometimes mold exposure impacts a single individual or family. However, when the mold spreads throughout military housing, it can impact hundreds or thousands of people.
Occasionally, a large enough group of people are injured to allow for a class action or mass tort lawsuit. A class action lawsuit is one where a class representative acts as the plaintiff on behalf of the group of hurt individuals. Not every victim participates in the lawsuit. There are rules about when a group is big and similar enough to create a class action.
Mass tort lawsuits are different. When there are fewer plaintiffs who have their own set of circumstances, each person files a lawsuit. For efficiency’s sake, one or a couple of law firms may represent most plaintiffs, and the lawsuits are consolidated in a federal court.
Call the Military Housing Mold Lawyers at Smith Law Center for Help Right Away
Mold cases come about in a few ways. You or a loved one may start getting sick, and after weeks or months of struggling to find answers, you finally realize your military housing has a mold infestation. In other cases, you struggle with visible mold and then become ill.
Once you connect the illness with the mold, it’s time to talk with a toxic mold lawyer. Reaching out to an attorney early helps you build a strong compensation claim. We know how to collect evidence, identify who is liable, and craft a successful argument for a settlement or court award.
Attorney Stephen M. Smith has decades of experience handling injury claims and has been internationally recognized for his work. He has litigated cases involving catastrophic injuries and complex legal and scientific issues. In 2019, he was inducted into the Virginia Lawyers Hall of Fame.
You’re in good hands when you come to Smith Law Center for help. Reach out online or call (757) 244-7000 to schedule your 100% free consultation.
Military Housing Mold Lawsuits: FAQs
DELIVERING RESULTS SINCE 1949
We are one of Virginia’s largest and most successful law firms.
WE WANT TO HEAR FROM YOU - Tablet View
WE WANT TO HEAR FROM YOU
Use the simple form below to send a message directly to our lawyers. We will respond within 1 hour or less during business hours.