Washington, DC Bicycle Accident Lawyer

Determining Fault in a Washington, DC Biking Accident

The driver of a motor vehicle 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.
• Another bicyclist: Since bicyclists must follow the same laws as other vehicles on the road, there can be a chance a cyclist caused your accident. This means cyclists must avoid sudden lane changes, yield to pedestrians, and obey all traffic signals. But if they break the law, they can be liable for a bicycle accident.
• Other drivers: The fault does not always lie on the driver who hit you. If you were involved in a multi-vehicle accident, several drivers could be at fault for your accident.
• The city or state government: Rough roadways and poorly designed intersections may have caused your bike crash.

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 must protect everyone from harm. This is considered the duty of care the individual is responsible for protecting others when participating in a dangerous task, such as operating a vehicle. However, if the driver acts negligently, 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, it can often 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 also suffered a loss. This can include, but is not limited to, medical bills, lost income, pain and suffering, and emotional distress.

Does the Contributory Negligence Law Apply to Bike Riders After Bicycle Accidents?

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

DC passed a new code that excludes this rule for “vulnerable users.” According to the law, a vulnerable user is defined as “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.

The Common Types of Bicycle Accidents

A bike accident can occur in virtually any circumstance, including road conditions. 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.
• Left-cross accidents happen when a bicyclist approaches an intersection simultaneously with a motorist who enters the intersection from the other direction. When the motorist turns left at the intersection, they cross before 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 or in a bike lane near parked cars and a motorist suddenly opens a car door, 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. A rear-end collision may occur if a negligent motorist fails to stop behind a cyclist or travels too closely. The resulting accident can cause severe injuries to the cyclist, especially if he or she falls under the vehicle.

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 during the crash.
• Spinal Cord Injury: The force of impact on 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. If nerves and muscles are damaged, this may cause permanent impairment.
• Wrongful Death: All too often, cycling injuries may be severe and widespread 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 resulting from 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.

What to Do Following a Bicycle Crash in Washington, DC

Like any type of car accident, what you do following a Washington, DC bicycle accident is important 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, ensure you get the contact information of everyone involved in the accident. It’s also an excellent time to get photos and videos of the accident scene, including damage to your bicycle, 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 quickly 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 due to the accident.

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

Schedule a free consultation with a bicycle accident lawyer at Regan Zambri Long PLLC today to speak about your bicycle accident case. There is no fee unless we win.