Right‑of‑way violations account for a significant share of bicycle accidents in Virginia. A driver turns left without checking for oncoming cyclists. Another rolls through a stop sign and into a bike lane. Someone pulls out of a parking lot without looking both ways.
These decisions happen in seconds. But proving what occurred? That takes deliberate work with facts, law, and testimony.
At Antezana & Antezana, LLC., we handle failure‑to‑yield claims by gathering the small details that show who had the right to proceed and who ignored that right. Whether you were struck at an intersection, in a crosswalk, or while riding in a marked bike lane, the proof follows a pattern we’ve seen before.
Understanding Virginia’s Yield Laws For Drivers
Virginia Code § 46.2‑826 requires drivers to yield to cyclists who have the right of way. This applies at intersections, when merging, and when entering the roadway from a driveway or parking area. Cyclists have the same rights and duties as vehicle operators under Virginia law. That means a driver who fails to yield commits a traffic violation that can form the basis of a negligence claim.
The law also addresses left turns. Under Virginia Code § 46.2‑825, a driver making a left turn must yield to any vehicle, including a bicycle, approaching from the opposite direction when that vehicle is close enough to constitute a hazard.
What qualifies as “close enough” often requires more than a police report.
Types Of Evidence That Establish Failure To Yield
Police Reports and Traffic Citations
If law enforcement responded to the scene, the officer’s report becomes the starting point. A citation for failure to yield, running a stop sign, or making an unsafe turn provides official documentation of a violation.
Even without a citation, the officer’s diagram and narrative help establish positions and movements. It’s not perfect. Officers don’t always witness the collision. But their observations about skid marks, vehicle positions, and statements from the parties involved create a foundation.
Witness Statements
People near the intersection, walking on the sidewalk, or stopped at a light often see what the involved parties can’t. We locate these witnesses early and record their observations about who arrived first, whether brake lights came on, and whether turn signals were used.
A single independent voice can confirm what physical evidence suggests. Sometimes that’s the difference between a contested claim and a settled one.
Surveillance and Dashcam Footage
Nearby businesses, traffic cameras, and dashcams from other vehicles capture real‑time footage of the collision. We send preservation letters to property owners and request records from municipal traffic departments before video is overwritten.
Why the urgency? Most systems overwrite footage within 30 to 90 days. Footage that shows a driver entering an intersection against a red light or turning without waiting for a gap in traffic is difficult to dispute. You can’t argue with a timestamp and clear video.
Bicycle and Vehicle Damage Patterns
Where the bike was struck tells a story. Impact to the front wheel and fork suggests the cyclist was already in the intersection when the driver turned. Damage to the side of the bike indicates the driver crossed the cyclist’s path.
Paint transfer, debris location, and scrape marks add context to the point of impact. These aren’t just details. They’re proof.
Traffic Signal Timing and Phasing
We request signal timing data from the Virginia Department of Transportation or the local municipality to confirm how long each phase lasts and whether a driver had time to complete a turn legally. This data is particularly valuable when a driver claims the light turned yellow or the cyclist appeared suddenly.
Numbers don’t lie about signal phases.
Working With Accident Reconstruction Professionals
Complex cases benefit from reconstruction analysis. A reconstruction professional calculates speed based on stopping distance, evaluates sightlines from the driver’s seat, and models the collision using the physical evidence.
This work translates measurements into a clear explanation of what each person could see and when they should have reacted. For an Arlington bicycle accident lawyer, reconstruction is especially useful in intersections with heavy traffic or poor visibility.
The analysis can show that a driver had an unobstructed view of the cyclist for three seconds before turning. That defeats a claim that the cyclist was hidden or appeared without warning.
Addressing Common Driver Defenses
Drivers who fail to yield often argue the cyclist was speeding, riding without lights, or appeared out of nowhere. We’ve heard it all. We counter these defenses with the facts.
- Speed claims: We compare the cyclist’s speed to the posted limit and typical cycling speeds, then show whether any speed difference affected the driver’s duty to yield.
- Visibility arguments: We document the cyclist’s lighting and reflective gear, the time of day, and weather conditions to prove the cyclist was visible.
- Sudden appearance claims: We use witness statements and physical evidence to show the cyclist was in the driver’s line of sight for a measurable period before impact.
Virginia follows a contributory negligence standard. Any fault assigned to the cyclist can bar recovery. That strict rule makes thorough evidence collection non‑negotiable. There’s no room for sloppiness.
How We Build Your Failure‑to‑Yield Case
Our work begins with your account of what happened. We ask detailed questions about your route, speed, signaling, and what you saw before impact.
Then we move to the scene. We photograph lane markings, sight obstructions, and traffic control devices. We request maintenance records if a faded stop line or malfunctioning signal contributed to the collision. Sometimes the problem isn’t just the driver. Sometimes it’s infrastructure that hasn’t been maintained properly.
Medical records connect the impact to your injuries. We coordinate with treating physicians to document fractures, concussions, and soft tissue damage, then link those injuries to the mechanics of the collision. When a driver’s failure to yield caused you to brake suddenly or swerve into a fixed object, we present that sequence clearly.
Why Timing Matters
Evidence disappears quickly. Surveillance footage is overwritten. Witnesses move. Skid marks fade.
We start preservation work immediately to protect the proof you need. Days matter. Sometimes hours.
If you were injured because a driver ignored your right of way, an experienced Arlington bicycle accident lawyer can help you gather the evidence, counter weak defenses, and present a clear case for compensation. Reach out to our team so we can review what happened and explain your options.