Washington, DC Bicycle Accident Lawyer

What Are The Most Common Injuries in Bicycle Accidents?

Like crashes involving pedestrians, since the bike rider has little to no protection from the force of the vehicle, serious injuries can occur. Some of the most common cyclist injuries include:

Traumatic Brain Injury

Traumatic brain injuries may have long-term symptoms and effects, including permanent impairment. Wearing a bike helmet can help decrease your risk of brain trauma; although if you are over 16, you are not legally required to wear a helmet. However, insurance companies may try to reduce your settlement if you were not wearing a helmet at the time of the crash.

Spinal Cord Injury

The force of impact with a vehicle or surrounding objects may cause neck and spinal cord injuries. Depending on the extent of the damage, permanent paralysis below the site of the injury may occur.

Bone Fractures

Broken bones and multiple fractures may require surgical intervention, extensive healing times, and serious permanent disability.

Nerve, Muscle, and Tissue Damage

In some cases, a cyclist may suffer extensive and potentially disfiguring lacerations and degloving injuries. This may cause permanent impairment if nerves and muscles are damaged.

Wrongful Death

All too often, cycling injuries may be widespread and serious enough to cause wrongful death. This is especially true if the accident occurs at high speeds. In the case of a bicyclist losing their life, the family has the option to file a personal injury lawsuit on their behalf to collect damages, including funeral and burial costs.

A bicycle injury as the result of an accident may require extensive treatment and rehabilitation. Additionally, you may be unable to return to cycling, work, or your previous quality of life. You may be entitled to substantial compensation in these situations, which should cover the cost of your medical bills, bike repair or replacement, and other damages.

However, insurance companies often try to dismiss bike accident claims or offer low settlements. They may try to find a reason to deny your claim, such as not paying attention before the accident. To obtain a full and fair offer, you need to consult with one of our bicycle accident lawyers in Washington, DC.

How Common Are Bicycle Crashes in Washington, DC?

Bicycle accidents are much more common than you might realize. According to the Washington DC’s District Department of Transportation, over the past five years, an average of 334 bicycle accidents occurred each year in DC. In just a six-month period between March and August 2019, there were 409 bicyclist-related accidents.

Yet, the number of bikers in DC continues to increase. Recent statistics have found the number of bicyclists rose almost 25 percent between 2006 and 2019, from approximately 40 million to nearly 49 million. This makes DC the second largest city with the number of bicyclists on the streets.

Although the rise of bicyclists can benefit the city and the environment, this also means there will be an increase in bicycle accident cases and injured cyclists as well.

What Are the Most Common Types of Bicycle Accidents?

A bike accident can occur in virtually any circumstance, especially if a negligent or distracted motorist fails to notice a bicyclist. While cyclists cannot always avoid crashes caused by negligent drivers, you may be able to lower your risk of serious personal injuries by being familiar with common types of bicycle accidents, such as:

• Accidents due to failure to yield the right of way. One of the most common causes of bicycle accidents is negligence or ignorance concerning the right of way. At stop signs and lights, cyclists have the same rights and privileges as vehicles. Therefore, motorists must yield when the cyclist has the right of way, although they often fail to do so.
• Left-cross accidents. Left-cross accidents happen when a bicyclist is approaching an intersection at the same time a motorist enters the intersection from the other direction. When the motorist turns left at the intersection, they either cross in front of the bicyclist or hit them.
• Right-hook accidents. These accidents occur when a motorist turns right, striking a cyclist traveling in the same direction. This accident may happen at an intersection, where the cyclist has the right of way, or at other turns, such as parking lot entrances and driveways.
• Dooring accidents. If a cyclist is riding along a line of parallel-parked cars and a motorist suddenly opens a car door, then the cyclist may be unable to avoid striking it. The cyclist may be thrown over the open door, sustaining serious dooring accident injuries.
• Sideswipe accidents. When motorists misjudge the amount of space between the motor vehicle and a cyclist riding to the right, a sideswipe may result.
• Rear-end collisions. If a negligent motorist fails to stop behind a cyclist or travels too closely, then a rear-end collision may occur. The resulting accident can cause severe injuries to the cyclist, especially if he or she falls under the vehicle.

What Happens if You Get Into a Bike Accident?

Like any type of car accident, what you do following a Washington, DC bicycle accident is crucial to your accident claim. If you get into an accident, your first step is to get to safety and call 911. Wait for the police to arrive so you can file a police report.

While waiting for the police at the accident scene, make sure you get the contact information of everyone who is involved in the accident. It’s also a good time to get photos and videos of the accident scene, including damage to your bicycle and to the car involved and your injuries.

Once the emergency services arrive and you give your statement to the police officer, get checked by medical professionals, even if you don’t think you’re injured. Unfortunately, bicyclists may not feel the effects of the accident until hours later and what seemed like a minor bump on the head could easily become a brain injury.

Preserve any evidence you have of the accident. That means leaving your bike, clothing, and any other damaged property in the same state after the accident. Take photos of the equipment. You’ll also want to keep a record of any medical treatment or time away from work as a result of the accident.

Finally, speak to a Washington, DC bicycle accident lawyer as soon as possible. Bicycling accidents are very complex and you’ll need legal advice on what your next steps should be, such as negotiating with the insurance company or whether your case will end up in the courtroom.

Q: Does the Contributory Negligence Law Apply to Bike Riders?

A: Washington, DC is one of five jurisdictions (including Virginia and Maryland), that follow the contributory negligence doctrine. What this law means is if someone is found even 1 percent at fault for a bicycle accident, they cannot recover damages for their injuries.

However, DC had recently passed a new code that makes an exception to this rule for “vulnerable users.” According to the law, a vulnerable user is defined as a person “using an all-terrain vehicle, bicycle, dirt bike, electric mobility device, motorcycle, motorized bicycle, motor-driven cycle, non-motorized scooter, personal mobility device, skateboard or other similar devices.”

Thanks to the change in the law, pedestrians, cyclists, and scooter riders now have the opportunity to sue for damages even if they share some fault in the bicycle accident.

Who Can Be Held Responsible for My Bicycle Accident?

The driver is not always the only one at fault for a bicycle accident. In some cases, multiple parties can be held responsible for your bicycle accident, such as:

• The bike designer and/or manufacturer: For example, the brake fails on your bicycle, causing you to flip the bike. You receive a head injury. You later learn that the manufacturer knew about the faulty brake but was in a rush to put the bike on the market and didn’t fix the issue. In this case, you have a product liability claim against the manufacturer for your injuries.
• The bicyclist: Since bicyclists must follow the same laws as other vehicles on the road, there can be a chance a cyclist caused your motor vehicle accident. This means the cyclists must avoid sudden lane changes, yield to pedestrians, and obey all traffic signals. But if they break the law, they can be held liable for a bicycle accident.
• Other drivers: The fault does not always solely lie on the driver that hit you. If you were involved in a multi-vehicle accident, there could be a number of drivers at fault for your accident.
• The city or state government: Rough roadways and poorly designed intersections may have caused your bike crash.

To discover who is responsible for your injuries, it’s important to speak with a Washington, DC bicycle accident lawyer to start the investigation.

How is Liability Determined in a Bicycle Accident?

To prove who is responsible for your injuries, your Washington, DC bicycle accident lawyer will need to show the following:

• Duty of care was breached: Every driver on the road has a duty to protect everyone from harm. This is considered the duty of care — the individual is responsible to protect others when participating in a dangerous task, such as operating a vehicle. However, if the driver acts in a negligent fashion, they breach that duty of care. An example of this would be a drunk driver hitting a bicyclist when trying to pass them on the road.
• The breach caused injuries: When the duty of care is breached, many times it can cause injuries. Using the drunk driver scenario from above, the bicyclist had suffered broken ribs and a concussion.
• Damages are now owed: Not only do there need to be injuries but the injury victim had to suffer a loss. This can include but is not limited to medical bills, lost income, pain and suffering, and emotional distress.

How Quickly Should I File a Bicycle Accident Lawsuit?

If you want to pursue a legal claim to recover significant damages from a bicycle accident, refer to the Washington, DC statute of limitations to see how quickly you need to file it.

In Washington, DC, personal injury claims generally need to be brought to the local court within three years. Wrongful death claims must be filed by the victim’s family within two years.

We do advise that you file a claim as soon as possible. Evidence can quickly disappear the longer you wait and memories fade. To protect your claims, contact a personal injury lawyer at Regan Zambri Long today. With decades of experience in car accidents, we understand the complexities of the laws and will help you get the compensation that you deserve.

Contact our Washington, DC office today to schedule a free accident case evaluation with a Lawyer.