Maryland Bicycle Accident Lawyers

Frequently Asked Questions About Bicycle Accidents in Maryland

Q: How common are bicycle accidents?

Bike accidents are common, especially in metro areas. The National Safety Council reports that there were 1,260 preventable bicycle-related deaths and 325, 173 preventable nonfatal injuries in the United States in 2020. The Federal Highway Administration (FHA) says that bicycle trips make up only 1% of all trips in the United States, yet bicyclists account for over 2% of people who die in a crash involving a motor vehicle on roads nationwide. In Montgomery County, Maryland, alone, there were 241 serious or fatal bicycle crashes in 2021 according to the county’s Vision Zero 2022 report.

Q: What are the causes of bike accidents?

Most cycling accidents are due to negligence. Some of the most common negligent causes of bicycle accidents are:

• Inattentive drivers. Distractions make it more likely that a driver will not see a cyclist and more likely that a driver will swerve unexpectedly, possibly hitting or side-swiping a cyclist.
• Opening car doors. Drivers may injure cyclists when opening car doors without paying attention to potential bicycles riding by.
• Failure to yield. Many drivers don’t realize that cyclists must obey traffic laws just like motor vehicles. Bicycles are required to follow all traffic lights and road signs. However, many drivers treat cyclists as pedestrians and will fail to yield to bicycles when using roundabouts or making turns.
• Aggressive driving. Some angry motor vehicle drivers may intentionally drive close to bikes and even run them off the road. It is also not uncommon for drivers to yell at cyclists, causing a cyclist to run off the road or to be distracted and hit something.

Bicycle accidents can also be caused by the negligence of non-drivers. This could be because of:

• Hazardous road conditions. Dangerous road conditions are especially risky for bicycles. This can include poorly marked road signs and poorly maintained roadways. Depending on the condition, the bicyclist might have a claim against the government agency responsible for maintaining the road.
• Defects in the bicycle. Sometimes a bike accident can be caused by a defect in the bicycle. If the bike itself had a defect in the design or manufacturing process, the injured cyclist could have a claim against the maker of the bicycle.

Q: What should you do if someone hits your bike?

In a hit-and-run, call 911 immediately. The faster you call the police, the better the chances of the at-fault driver being found. If you have been injured, you should stay calm and assess your condition. Even if you believe you are fine, you should seek medical treatment. If you are in stable condition and are able, you should try to get the contact information of the other party, and take pictures of the scene, your bicycle, and your injuries. Do not admit fault or apologize as this can limit your future lawsuit and can hurt your case. After the accident, consider speaking with an attorney. An experienced attorney can help you through the process, ensure that you do not miss deadlines, and alleviate the burden of proving your case alone.

Q: What laws must cyclists follow in Maryland?

There are special laws for cyclists in the state of Maryland:

• Bicycles are considered vehicles under Maryland traffic laws, so right of way and traffic signals must be similarly obeyed.
• Bicycles have right-of-way over cars making turns. Cars must yield to bikes.
• Cyclists must stay off of roads with speed limits of 50 mph or over.
• Cyclists cannot wear headphones or earbuds in both ears.
• Cyclists must stay in the bike lane if there is one.
• Cyclists must wear a helmet if they are under 16 years old.
• Cyclists must stay as far right on the road as possible, and motorists must keep at least 3 feet away from cyclists when they pass.

Q: How can I minimize the risk of harm riding a bicycle?

Bicycles should be cautious and proactive when riding their bicycles and should always practice basic bicycle safety. Cyclists should stay visible by choosing bright and reflective clothing, staying alert and aware of their surroundings, and maintaining their bicycle and keeping it in good condition.

Other good rules of thumb for cycling safety are:

• Do not go faster on your bicycle than you are comfortable with.
• Use lights or reflectors when biking at night.
• Stay alert and bike cautiously.

The most important way to reduce the risk of a bicycle accident is wearing a helmet. A helmet is the most important safety equipment a cyclist can wear because a bicycle helmet reduces the risk of head and brain injuries in the event of a crash. The National Highway Traffic Safety Administration (NHTSA) found that wearing a helmet reduced the likelihood of serious head injuries by 60 percent. Maryland does not have a universal bicycle helmet law and different jurisdictions in the state have different laws. Some counties require all cyclists to wear a helmet.

Q: How long do I have to file my bicycle accident claim?

Maryland has a three-year statute of limitations for personal injury claims, which includes bicycle accidents. You have three years from the date of the accident to file your claim. If you have any more questions about when to file, please contact us for a consultation.