Bicycle Laws in Washington, DC
Bicycle laws in Washington, DC, govern the health and safety of DC residents. DC is a powerful city with commuters going to and from work every day. While many choose to drive to work, with some taking the Metro, many more active residents choose to bike. But what laws govern what you can and cannot do while on your bicycle? Can you bike on the sidewalk? Can you park anywhere that your lock will connect to? These are questions we seek to answer. Even if you have been biking in the city for years, you may be following the common practice of DC bikers that violate the law. You should be aware of these laws and how you may violate them. If you violate a DC biking law, you may be per se contributorily negligent and barred from recovery if you are in an accident with a vehicle.
The bicycle laws in Washington, DC, are in place to protect cyclists from negligent drivers. While criminal fines are set to deter you from behaving unsafely, these laws may also get you into civil trouble if you violate them. From helmet requirements to the proper use of bike lanes and traffic rules, knowing the specific regulations can help keep you safe and protect your rights if you’re involved in an accident. The DC bicycle accident lawyers at Gelb & Gelb can break down the rules and how each law applies to your case. A bicycle accident case is often complex. There is less evidence in a bike accident case because the damage to a bike tells less of a story than damage to a vehicle. Thus, we must rely more on investigation and eyewitness testimony to win a case.
Helmet Requirements for Cyclists in DC
Under Title 50, Section 1605(a) “Motor and Non-Motor Vehicles and Traffic,” Subtitle V, Chapter 16 “Regulation of Bicycles,” the following rules are drawn. First, you must wear a helmet if you are under 16 in Washington, DC. This means you must wear a helmet properly strapped to your head. Although, this law only applies to those under 16 who are riding a bicycle in public. So, if you are riding your bicycle on private property, you may be exempt from this particular law.
However, if you are 16 or older in Washington, DC, operating a bicycle on public property without a helmet is legally permissible. Although, it is safer to ride with a helmet at all times. Bikes lack nearly all of the safety technology available in cars. Not to mention, bikes are about 466 times lighter than the average pickup truck. Accordingly, wearing as much protective equipment as possible is highly advisable.
Right-of-Way Rules for Cyclists
DC code Section 1201.11 clarifies the right-of-way rules for cyclists in Washington, DC. If a bicyclist is in a crosswalk, that cyclist has all the same rights and responsibilities as a pedestrian, with one exception. This means that a cyclist can cross a crosswalk if they have a walk sign. Unfortunately, this can confuse many drivers who do not know whether the cyclist will use the bike lane, the road, or the crosswalk into the sidewalk. It makes anticipating the actions of a biker confusing and accidents more likely to occur. For this reason, allowing cyclists into a crosswalk with the same rights as a pedestrian is dangerous. Regarding the exception, bicyclists in a DC crosswalk must still yield to pedestrians in the crosswalk. That is the same rule that applies to cyclists on sidewalks.
The Code Section gets specific on whether or not the crosswalk is signalized. If it is not signalized, the car or truck must come to a complete stop before yielding to a bicyclist. However, if it is signalized, the driver needs only to yield to a bicyclist or pedestrian in a crosswalk. This is counterintuitive to what one may expect. Critically, this is only relevant if the failure to stop is a proximate cause of your injury in a not signalized crosswalk. If it is, the defendant may be per se liable for any injuries resulting from the accident.
Traffic Signals and Stop Sign Laws for Bicycles
Besides the distinction between a signalized crosswalk and a non-signalized crosswalk, many traffic signals and stop sign laws for bicycles in Washington, DC, remain the same for bikers and vehicles. Like drivers, a bicyclist has to obey traffic laws. Unfortunately, many cyclists choose to ignore traffic signals. However, this is per se negligent and can lose a bicyclist’s right to recovery if it is found that the failure to comply with traffic signals is a contributing factor to an accident and injuries. Having said that, there are laws unique to bicyclists you should be aware of.
Is it Legal to Ride Between Lanes?
Is it illegal for bicyclists to pass a car or truck while staying in the same lane? First, it is worth noting that this is a rare scenario. Most of the time, it is the car or truck seeking to pass a cyclist. However, there are instances where a car is looking to slow down, whether to check directions or to make a turn. In this instance, can a bicyclist pass within the same lane? The answer is yes; you may overtake on the left or right side as long as it is reasonably safe to do so.
Does a Bicyclist Have to Use the Bike Lane?
No rule, law, or regulation currently requires bicyclists to use a bike lane, even if one is available. Of course, this may change at some future date. However, it makes sense as staying put in a bike lane would make left turns next to impossible to maneuver safely. While negotiating a bicycle accident case, the insurance company representing the negligent driver may claim you are barred from recovery because you were not in the bike lane at the time of the accident. However, now you know that this is not a viable defense.
Is it Legal to Ride on the Sidewalk?
Riding your bicycle on the sidewalk in Washington, DC, is legal. However, it is not always safe or advisable to do so. You should use your best judgment and remember that you have a duty to yield to pedestrians. See Title 18 (1201.9).
Do I Need to Register my Bike in DC?
Bikes no longer need to be registered in the District, and you cannot be stopped for riding an unregistered bike. Although, it can still be useful in the event your bicycle is stolen and later found.
Can Cars be Parked in the Bike Lane?
No, cars may not be parked in the bike lane. If they are, you may report it to the nonemergency Metropolitan Police phone number. Or, you may yield onto the road where you can ride your bike.
Is it Legal to Ride your Bike and Talk on the Cellphone?
Surprisingly, riding your bicycle and talking on the cell phone is legal in Washington, DC. However, the law prohibiting drivers of motor vehicles from talking on the phone, unless it is a hands-free device, may apply to bikers on e-bikes such as Capital Bikeshare or Lime Bikes.
Penalties for Violating Bicycle Laws in DC
The penalty for violating bicycle laws in DC in a civil case is that you expose yourself to a contributory negligence defense. This is an affirmative defense. So, for you to lose your right to recovery against a tortfeasor, the defense has the burden of proof to show that you were at least 1% responsible for causing the accident. Generally, as the victim and plaintiff bringing the lawsuit, you have the burden of proof. However, an affirmative defense requires its own evidence to be effective. If the defense is successful, you lose all rights to recovery against that defendant. Although, there are exceptions to this rule that you should be aware of. For a better understanding of this and any exceptions, contact Gelb & Gelb today for a free consultation.
Thus, the penalty for violating bicycle laws in Washington, DC, is what you would have recovered if you were successful in a civil lawsuit against someone who injures you while on your bicycle.
Contact a Bike Lawyer to Understand Bicycle Laws in DC
Your rights as a cyclist in a DC bike accident claim hinge on DC tort law. Our team of attorneys will sit down with you, either one-on-one or over the phone, and walk you through your case. After hearing how the accident occurred, we will advise you on the next steps so you may protect your legal rights and move towards maximizing compensation for your injuries.
Call our office today for a free consultation and case evaluation at (202) 331-7227.