Maryland Bicycle Accident Lawyer
Maryland is known for its scenic trails, which allow bicyclists to traverse throughout the state. Whether it is a rural cycling route or an urban bike lane, Maryland bike laws tend to protect bicyclists. Our Maryland bicycle accident lawyers are here to help regardless of where your injury occurs. Below, we discuss the legal rights available to bikers as they ride in Maryland, whether in bike lanes or on the road. We address common questions, such as whether it is permissible for a bicyclist to ride on a busy sidewalk. Moreover, we speak to questions of who you can sue if you are injured on the road and what insurance coverage is available to you. Many potential clients ask whether they can use their car insurance coverage if injured while riding their bike.
Understanding Bike Accident Law in Maryland
While the answer to that is no, you may be able to recover compensation from an adverse driver’s insurance policy. And this is critical. When you are injured on a bicycle in Maryland, you may suffer significant injury. Whether it is a back or a brain injury, you likely will incur substantial medical expenses related to your treatment. Moreover, you may miss time from work. If your injury is particularly severe, you may never be able to walk again. Our Maryland bicycle accident lawyers will consider this loss of future earning capacity while evaluating the value of your case. Additionally, suffering injuries while riding a bicycle can result in pain and suffering. You may no longer be able to participate in your favorite hobbies for months. You may be unable to get quality sleep. There is no doubt you are in serious and debilitating pain for more significant injuries.
Our bike injury attorneys will seek maximum compensation to account for each of these ailments. Contact our Maryland bike injury attorneys today for a free consultation.
Common Causes of Bicycle Accidents in Maryland
There are countless common causes of bicycle accidents in Maryland necessitating assistance from a seasoned Maryland bicycle accident lawyer. However, not all of these common causes are compensable. Here, we address the three most common causes of bike injuries and whether each leads to a viable claim under Maryland law.
Motor Vehicles
A bicycle and motor vehicle accident, whether a car or a truck, can lead to life-altering injury. On average, 636 cyclists are injured in vehicle collisions in Maryland yearly. This is the most common cause of bicycle accidents in Maryland, leading to a viable cause of action against the defendant. This is generally worth pursuing versus the other common causes due to the availability of insurance on the tortfeasor’s vehicle. This presents an avenue for compensation for your damages. Meanwhile, if you are injured due to road conditions or lack of visibility, there is no one else to sue and no available policy to recover from. Accordingly, a claim against a driver of a motor vehicle is the best course of action if you are injured while riding your bike.
Naturally, if a motor vehicle driver drifts into your bike lane and hits you, injuring you, you have a case against the driver. But what if you are driving on the road and you are hit? This depends on what road you are riding on, as not all roads are available to cyclists in Maryland. Additionally, the Chesapeake Bay Bridge is also unavailable to bikers. Generally, a violation of a statute would make you per se contributorily negligent. However, our skilled Maryland bicycle accident lawyers understand exceptions that may lead to your compensation in these types of cases. Each bike injury case is different, and there is no one-size-fits-all advice. Thus, it is prudent to speak to an attorney to discuss your unique case.
Road Conditions
Our Maryland bicycle accident lawyers may not be able to sue a defendant if it is a road condition that causes your injury, though it does depend on the facts of the case. For example, if you are riding your bicycle and hit a pothole, uneven road surface, or debris, you may not have a case. You have a duty to avoid dangerous hazards that are obvious to you. If you can see the pothole from a distance and choose not to avoid it, you may be found contributorily negligent and thus unable to recover compensation for your injuries. Additionally, while possible, suing the state of Maryland is more difficult than suing an individual.
Cyclist Visibility
Cyclist visibility is a broad term affecting a range of hazards on the road. If something like fog affects a driver’s ability to see and react to a biker, and a driver hits a biker, it is probable that the driver is at fault. Many accidents occur because drivers fail to see cyclists, especially at night, during poor weather conditions, or at busy intersections. Our Maryland bicycle accident lawyers recommend bicyclists wear reflective clothing to increase visibility during limited visibility scenarios. Also, consider placing a flashing light on your bicycle for nighttime rides.
Maryland Traffic Laws for Cyclists
Bicyclists can ride on the road in Maryland for the most part. However, they are prohibited from riding on specific highways. These highways include I-68, I-70, I-81, I-83, I-95, I-97, I-195, I-270, I-370, I-395, I-495, I-695, I-795, I-895, MD 10, MD 90, MD 100, and ICC MD 200. Generally, it is safer to ride in a bicycle lane. However, it is only sometimes required. Additionally, Maryland bicyclists are not allowed to ride on sidewalks. This is contrary to the District of Columbia law that does allow bicyclists to ride on sidewalks.
Notably, many bicyclists believe it is safer to ride against traffic because they can see where they are going. This is not advisable. Instead, always ride in traffic. Further, always signal your intentions. Bicycles rarely have blinkers or brake lights the way cars do. Accordingly, it is prudent to use your hands to signal your intentions to drivers so they can anticipate whether you are slowing or turning. This will protect you and prevent more accidents from occurring. Remember, you must adhere to traffic signals if bicycling on the road. Our Maryland bicycle accident lawyers’ experience is bikers ignore red lights because they believe they do not apply to them. However, the law holds that red lights apply to bicyclists in Maryland, and complying with these lights can protect you from serious injury.
Helmet Law in Maryland
Maryland law requires all bicyclists under 16 to wear helmets while riding on public property. However, two jurisdictions in Maryland have altered this law. In Montgomery County, Maryland, the law requires those under 18 to wear helmets while riding on public property. Additionally, Sykesville, Maryland, requires that all riders wear helmets on public property. The law does not dictate whether you wear a helmet on your private property. Maryland holds these requirements based, in part, on the statistic that helmets reduce the risk of serious head injury by 85%.
What to Do After a Bicycle Accident in Maryland
- Check for injuries
- Move to safety
- Call 911
- Document the scene
- Gather information
- Do not admit fault
- Seek medical attention
- Speak to a Maryland bicycle accident lawyer
Speak With a Maryland Bicycle Accident Lawyer
Contact a Maryland bicycle accident lawyer at Gelb & Gelb, P.C. to discuss your options and next steps. Call our office today for a free consultation at (202) 331-7227.