Doctrine of assumption bars bike crash victim's recovery in Virginia courts
Bike crash victims in Virginia face many obstacles when bringing a lawsuit for their injuries. The Athletes Lawyer Doug Landau notes that where the injured cyclist VOLUNTARILY UNDERTOOK A KNOWN DANGER, she may not be able to recover ANY damages in a Virginia Court. While other states COMPARE the fault of the injured bicyclist with that of the negligent motorist, truck driver or other vehicle operator, Virginia adheres to this affirmative defense as a complete bar to any and all recovery by the injured athlete. That is why attorneys for defendants frequently assert the defense of “Assumption of the Risk” in Virginia lawsuits arising out of bike crash, auto accident and unsafe bike path claims.