Washington, DC Bicycle Accident Lawyer

How Can Our DC Bike Accident Lawyers Help You File a Claim for your Injuries?

Bike accidents are usually devastating to both the injury victim and their family. You should not have to pay the consequences for someone else’s mistakes. If you were injured in a bike accident, then the Washington, DC bicycle accident attorneys at Regan Zambri Long PLLC can help you take legal action.

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Our bicycle accident lawyers can help you file a claim to recover the compensation you need to pay for accident injury-related costs, such as medical care and lost wages. Recently, our firm obtained a settlement of $3 million in a bike accident claim against WMATA. In that case, we worked on behalf of a bicyclist who was hit by a Metro bus and severely hurt his legs.

Once you hire a Washington, DC bicycle accident lawyer from Regan Zambri Long, we will begin investigating your accident claim and gather the evidence needed to prove who is at fault for the bicycle crash. When we discover the full extent of your accident claim, we will start negotiations with the accident insurance company to make sure you get the appropriate amount of accident compensation for your bicycle accident. If negotiations break down, our experienced personal injury lawyers are prepared to head to trial to protect your rights.

Speaking with the insurance company on your own can be a time-consuming and difficult process. The accident insurance adjuster will try to settle your claim with the least amount of money possible. They may try to bully you until taking the first settlement offered. Don’t do it. Instead, contact a DC bicycle accident attorney at Regan Zambri Long today to schedule a free consultation.

Partner Paul J. Cornoni Explains
Bicycle Accidents and Contributory Negligence

How Do Bicycle Accident Claims Work in Washington, DC?

Bicycle accidents can leave victims severely injured, even fatally. Bike riders that have been hit by a car or a truck may recover accident damages through a personal injury lawsuit, as they are protected by the laws and regulations in Washington, DC. Accident victims can first submit an accident claim with their car or health insurance. But many bicycle accidents result in catastrophic injuries that require extensive medical treatment. Many times, your insurance will pay only the limits of your policy, then it will be up to you to pay out of pocket. That’s when you turn to the bicycle accident lawyers at Regan Zambri Long to file a personal injury lawsuit against the at-fault party to recover accident damages.

Under DC law, bicyclists have all the same duties and privileges as those driving motor vehicles. As with car accidents, bicycle accidents should be reported to the police. The police will come to the scene to investigate the accident, including interviewing the involved parties and witnesses and gathering evidence to decide the fault of the accident. A cyclist hit by a car should gather evidence, if they are able, including pictures or videos, and get basic contact information from the driver and witnesses.

To claim compensation for accident damages after a bike accident in Washington, DC, you must prove the negligence or wrongful act of the at-fault party. An injured biker should receive medical care immediately after the accident and document injuries, medical conditions, or treatments necessitated by the accident.

Insurance policies often cover bike accident damages, but oftentimes, accident insurance settlements outside of court won’t fully cover the full costs of the medical expenses, suffering, or death that was directly caused by the accident.

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 occur each year in DC. In just a six-month period between March and August 2019, there were 409 bicyclist-related accidents. According to the latest data from Washington, DC’s Open Data portal, 6 percent of the 2,735 bicycle crashes in the district that reported an injury involved a bicyclist.

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.

Leading the increase of bikers on the streets is the popular Capital Bikeshare program. Since September 2010, the bike-sharing program allows bikers to rent a bike for a specific amount of time. Despite having an excellent safety record, getting into an accident with a bike-sharing vehicle is still a possibility.

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 Compensation Can You Receive from a Bike Accident Claim?

When a bicycle accident causes a serious injury, long-term suffering, life-altering conditions, or death, a Washington, DC bicycle accident lawyer can help a victim or a decedent’s family pursue a legal claim. The purpose of the claim is to collect compensation for damages that have occurred as a result of the at-fault driver’s negligence or wrongful act.

Our firm has a deep history of success in helping claim the maximum amount of compensation for our clients who’ve been greatly affected by a bicycle crash. Common bicycle accident damages that we help recover for our clients include:

Medical bills and expenses
Lost wages and future wages
Mental and physical pain and suffering
Wrongful death
Noneconomic or general damages

No matter the claim you’re considering, we’re here to help, and we can answer any questions you have about your case during your free case evaluation.

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Q: 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.

Q: What Happens if You Get Into a Bike Accident?

A: 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: How Can I Avoid Getting into Bicycle Accidents in Washington, DC?

With more bicycles on the roads, it’s important to learn how to avoid accidents with a cyclist. Here are a few tips to keep in mind when navigating the DC streets:

For Motorists

Always look around before opening your car door
Give a bicyclist about three feet of space when passing
Obey all traffic laws, especially the speed limit
Before making a turn, look both ways, even if you’re turning right
Always yield to cyclists
Don’t honk. This may startle the cyclist who can suddenly weave into your lane
Always be patient around bicyclists and watch for children. They can be unpredictable

For Bicyclists

Wear reflective or brightly colored gear to be easily spotted
Always wear protective gear, especially your helmet
Don’t wear headphones; you will need to hear oncoming traffic
Obey all traffic laws and use bike lanes when available
Drive with the flow of traffic, not against
Always check for oncoming traffic before entering a street or an intersection

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.

Q: 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.

Q: 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.

Q: How Quickly Should I File a Bicycle Accident Lawsuit?

A: 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.

We handle bicycle accident cases throughout the DC Metro area, including Maryland and Virginia. You do not owe us a fee until your case is settled or a verdict is reached.

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Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

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