Bicycles offer DC residents a practical and economical mode of transportation. Many are available to the public for a small fare, and all can be used safely and conveniently to traverse the District. Despite their advantages, bikes also carry serious safety risks. Our experienced DC bicycle accident lawyers have handled injury cases in the District for over 70 years. In many cases, these accidents have long-term or even fatal consequences.
You might be entitled to significant compensation if you sustain severe injuries in a bicycle accident. Allowing a Washington, DC, bicycle accident lawyer to review your claim could help guide your injury claim forward. Assistance from Roger Gelb, a dedicated personal injury attorney, could make the difference in getting the money you need to get your life back on track.
There are many different ways a bike accident can occur. Many of these accidents share similarities with collisions between two motor vehicles. A good DC bike accident lawyer can advise cyclists who were hurt in an accident on whether their collision could lead to a viable personal injury claim.
Some of the most common bicycle accidents our Washington, DC, bike accident lawyers handle involve a motor vehicle colliding with the front or rear of the bike. This can happen when the cyclist is in motion or stopped at an intersection.
Other accidents are unique to cycling. For example, a driver who shares a lane with a cyclist could cause an accident by turning right in the cyclist’s path. Another common cause of bicycle accidents on busy city streets is “dooring.” Dooring involves a motorist opening the door of their vehicle directly in the path of an oncoming bike. These unexpected accidents often result in severe injuries. Dooring can be particularly debilitating to cyclists, particularly with e-bikes or electronic bikes such as Lime, where high speeds are prevalent.
According to Managing Partner Roger Gelb, there are at least two reasons why the number of accidents on bikes and scooters is increasing.
When operating a Lime bike, Capital Bikeshare, or Bird scooter, the negligence rules are the same as those for any other bike or scooter. Under § 50-2201.28(b-1), a person on a bicycle or electric mobility device, such as a Lime bike, riding on or along a sidewalk has the same rights and duties as a pedestrian. Of course, it is generally far more difficult to control your bicycle on the sidewalk than how pedestrians control their bodies. So, while the duty is the same, not breaching that duty remains more difficult for riders. Of course, this also means these e-bike and scooter riders have just as much right to be on the sidewalk in D.C. as pedestrians. This includes riding in a crosswalk, as is the title of the section of the D.C. Code.
§ 50-2201.28(b-1)(1) does add more responsibility for bicyclists. In addition to the rights and duties listed above, riders must still yield to pedestrians on the sidewalk or in a crosswalk. While this may sound contradictory, it is not. During your free consultation, a DC bicycle accident lawyer can explain this to you in easier-to-understand terms.
A big takeaway from this section of the D.C. code is that riding an e-bike, bicycle, or scooter on the sidewalk is permissible in Washington, D.C. In addition to the liability a defendant faces from a plaintiff, they also face fines, penalties, and fees from the Department of Motor Vehicles as alternative sanctions. However, this will pale in monetary value compared to a civil lawsuit from an injured plaintiff. This is where our attorneys get involved to obtain maximum compensation on your behalf.
Lime, as a subsidiary company, offers its users insurance policies. However, those policies are not active in the District of Columbia. They are only offered in California and Ohio. This is very likely because state laws require it in those places. Beyond that, insurance coverage for riding a bicycle or scooter operates as if it does not have electricity. Without going into each possible scenario, of which there is a nearly infinite number, it is best to consult a DC bicycle accident lawyer for the most up-to-date laws in the District.
The monetary compensation of a successful bicycle accident claim can be significant. Generally, compensation falls into two broad categories: economic and non-economic damages.
Economic damages are interesting because we measure them precisely. Compensation can help injured cyclists recover their out-of-pocket medical bills or other injury-related expenses. At trial, our DC bicycle accident lawyers may establish the amount of economic damages owed through receipts, bills, and invoices.
Establishing the value of non-economic damages at trial can be challenging. These damages are subjective, meaning no receipts or other documentary evidence can be used. Demonstrating the value of this type of bicycle accident compensation typically requires witness testimony.
Serious injuries routinely require cyclists in vehicle accidents to miss work. When this happens, the cyclist can pursue compensation for their lost wages. This can include missed paychecks during their rehabilitation and compensation for any future diminished earning power. The ability to recover from this harm recaptures some power you lose in an accident. It is not a way to empower a victim, however. Instead, it is a form of compensating you or bringing you back to even. In other words, how much money does it take to make up for the struggle you must endure because of the accident? You can consult a Washington, DC, bicycle accident lawyer for more help recovering your lost wages.
When you are in a bicycle accident, your whole world stops. In addition to suffering injuries to your body and damage to your bike, you lose your sense of reality. You can no longer work if a doctor tells you so. While some may appreciate the time off, many want to return to their daily routine. If this is the case, then this is another compensable financial injury.
According to our DC bicycle accident lawyers, medical bills are the most prominent form of economic damages in bicycle accident lawsuits. The cost of emergency room treatment, hospitalization, follow-up care, and prescribed medications can be extensive. An injured cyclist has the right to recover these losses if our bike lawyers establish that the defendant was negligent. If a tortfeasor causes your injuries, there is no reason why you should be left with any expenses. Notably, the defendant is liable for your injuries, whether the extent of your injuries is foreseeable or not.
For example, if you are riding your bicycle and collide with the defendant, and the defendant hits you going only three miles per hour, but he is 100% at fault, he is responsible for your injuries. If it does happen, our DC bicycle accident lawyers will fight to hold the defendant liable. If you need medical treatment for your head injuries due to the accident, and that treatment is reasonable, you may collect compensation for that in your case.
Pain and suffering is the catch-all term for non-economic damages in a bicycle accident claim. The physical pain that results from a severe injury can be significant, and it can last throughout the recovery process. Physical injuries from a bicycle accident can be excruciatingly painful. And sometimes, the medical expenses in your case do not represent that pain. Rightfully, the law allows for recovery of noneconomic or general damages. A plaintiff can seek monetary compensation for this physical suffering with help from a Washington, DC, bicycle accident lawyer.
Pain and suffering are more fact-dependent than medical expenses or lost wages, which are quantifiable. Building a solid case for recovering adequate pain and suffering takes an excellent legal argument. Your suffering may be the worst, most painful injury of all time. But it takes a good lawyer to sell it and a jury to believe it for you to get compensation. It can mean the difference of thousands of dollars in your recovery. This, among countless other reasons, is why choosing the best bike accident lawyer is important.
Our DC bicycle accident lawyers have practiced personal injury law in Washington, D.C., for nearly a century. Through mentorship and intra-firm leadership, our attorneys have amassed legal skills that directly benefit our clients. We have relationships with other firms and have implemented systems to ensure maximum client compensation. Whether you have minor scratches or catastrophic injuries from your bicycle accident, we have experience handling hundreds of similar cases. While every case is unique, our experience gives us a lot of knowledge about when and how to act to maximize financial recovery in your case.
We believe in leaving no stone unturned in investigating and evaluating your case. As stated above, each case is unique. While your case may appear to be an ordinary bicycle accident case, we will carefully peel back each layer to find damages you have suffered, for which you may receive compensation. Pain and suffering, for example, is a broad category compensable under the law. There is a multitude of experiences you may have that entitle you to compensation under this category. Through our careful investigation, we will collect all the necessary evidence to build your case.
This is a critical aspect of any legal representation. While there are many great attorneys in Washington, D.C., few will take the time to answer any questions you have in a patient and comfortable manner. When we take your case, you get to work one-on-one with your DC bicycle accident lawyer. Legal assistants or paralegals answer your questions at many personal injury law firms. While we have excellent paralegals who work behind the scenes, your lawyer answers your legal questions.
Not all accidents are due to the fault of another driver on the road. Sometimes, it is your own fault for not properly maintaining the bicycle. Or, it could be the fault of the manufacturer, making it a product liability case. In either event, we would be suing some other third party besides another driver. In fact, another driver does not necessarily need to be involved in the accident. However, in either of these types of accidents, the way a bike accident lawyer evaluates the viability of your case changes. First, these cases are more expensive to pursue. We generally must hire expert witnesses to inspect your bicycle. We pay them either by the hour or a flat rate. This expense is generally not necessary in a typical bicycle accident case. Thus, your case’s value should be higher to make the expense and risk worthwhile.
If you use a personal bicycle, you should maintain it and keep it in reasonable condition for the road. A failure to do so can mean you are liable for any resulting injuries. Meanwhile, if you use something like Lime, Bolt, or Capital Bikeshare, the entity that owns and maintains the bike could be liable if the accident was caused by their failure to perform regular inspections or repairs. Another important consideration for this type of claim is that you must not get rid of the bicycle after the accident. It can be a normal instinct to throw the bike away, particularly if it is destroyed. However, that is critical evidence that you are disposing of. Moreover, it prevents us from being able to send an expert over to inspect it.
This is especially an issue if it is a rented bicycle. What can you do if you do not own it but must preserve it as evidence? The best thing to do is to document as much information as possible, then immediately call our office. Every case is different, so we cannot necessarily provide blanket guidance. Call us for a free case consultation.
There are countless dangerous intersections in Washington, DC, for bicyclists. However, there are a few key factors to look out for when predicting where the most accidents might occur. These might include poor visibility, a lack of or an unclearly marked bike lane, high-speed traffic, and confusing merging patterns.
14th Street NW and U Street NW is a dangerous intersection for many reasons. While there is a bike lane on 14th Street, entering can be confusing because there is a bus stop between the two car lanes and the single bike lane. Additionally, there are unusual markings on the street directing bicyclists to move to the front of traffic. When bicyclists do this, they may unknowingly get into the blind spot of a driver, who then hits them, causing significant injury. However, this is not the only reason it is such a dangerous intersection. Both U Street and 14th Street are hubs for nightlife in the District. Unfortunately, this leads to three things, all of which contribute to bike accidents. First, pedestrians walk around this intersection without regard for the law while drunk.
They may walk in front of you at the last moment, leaving you unable to avoid a collision. That is the nature of drunk people. Or, a drunk driver may hit a pedestrian. While that would enable an injured bicyclist to seek punitive damages, that is unavailable in Washington, DC, unless the driver acted intentionally. Third, the bicyclist may be riding under the influence of alcohol. Unfortunately, many people think less of riding a bike while drunk than they do of driving a car. While it is true that it will probably cause less destruction if you are in an accident, you can still cause a car to veer out of your way and injure others.
New York Avenue NE, also known as U.S. Route 50, connects with Florida Avenue in Northeast DC. At least two factors make this intersection dangerous. First, there is ongoing construction. Any time there is construction, traffic patterns get confusing, especially for bikers. Bikers tend to hug the right lane. However, they are unable to do so when there is construction where the bike lane should be. Consequently, accidents tend to occur. Furthermore, many cars head west down New York Avenue too quickly, as it is downhill. Higher speeds always spell trouble for bicyclists.
Benning Road Northeast stretches from Southern Avenue to Maryland Avenue, where it turns into H Street. An additional twist on Benning Road is that the DC Streetcar runs on this road. This can be confusing for people unfamiliar with the road and is another thing to avoid when riding your bike. Unfortunately, Benning Road does not have bike lanes, which makes it more likely to be involved in an accident. Moreover, there are stretches of Benning Road with parked cars in the right lane. This leaves just enough room for a bicyclist to pass through, avoiding the traffic in the left lane. Unfortunately, dooring often occurs in these scenarios.
According to the DC Municipal Regulations, Title 18, Section 1201.1, cyclists are subject to the same laws as cars on the road in Washington, DC. But what does this mean? While this sounds intuitive, many common examples may surprise you. For example, you may be accustomed to seeing bicyclists riding against traffic and think nothing of it. However, if you see a car or truck on the wrong side of the road, you immediately notice it, honk, wave, and might even report it to the police. Bicyclists are subject to this same rule. Do any laws exist that subjugate bicyclists to one lane? No, no law requires cyclists to ride in the right portion of the traffic lane.
As another example, have you ever seen a bicyclist in a crosswalk? Bicyclists are subject to the same laws as pedestrians, with the caveat that bicyclists must yield to other pedestrians within that crosswalk.
You might be entitled to monetary compensation if you sustain injuries in a DC bicycle crash. However, pursuing this compensation alone can lower your chances of success.
By working with a DC bicycle accident lawyer, you can give yourself the best chance to obtain a favorable outcome in your bike accident claim. Call Gelb & Gelb, P.C., immediately to learn how an attorney can help your case.