DC Hit and Run Bicycle Accident Lawyer
A DC hit-and-run bicycle accident lawyer can help you pursue compensation despite not immediately obtaining information from the driver who hit you. A hit-and-run accident is a severe problem for a biker for at least two reasons. First, you face the difficulties of anyone in a serious accident. As a bicyclist, you face the unfortunate reality of having no protection from the weight of a vehicle. You do not have airbags. You do not have a steel frame designed to deflect a vehicle or, in the worst-case scenario, take the impact while protecting the people inside. Instead, as the rider, you may take the brunt of the impact instead of your bicycle. Worse yet, you do not have a seatbelt as a harness. Thus, you may be thrown from your bicycle in a rear-end accident.
Understanding DC Hit and Run Laws for Bicyclists
Beyond the physical injuries that result from a DC bicycle hit-and-run, there is an issue with recovering compensation. In a typical bicycle accident, we sue the driver and recover from their insurance policy. The law in DC requires that every car or truck have auto insurance. While not every resident of the District follows that law, it is generally reasonable to investigate if there is coverage.
But a problem arises when no coverage from the driver who hit you is available. If you are in a DC hit-and-run bicycle accident, you will encounter precisely that issue. If you are in a car when you get into an accident where the other driver flees, you can make a claim under your own policy. However, this is typically not the case when on a bicycle. While it is possible to insure a bicycle, few people do. Insurance is expensive and optional in DC.
So, what do you do if you get into a DC bike accident when the tortfeasor flees the scene?
Steps to Take After a Hit-and-Run Bicycle Accident
Your priority should always be your health and safety after any bicycle accident. A DC hit-and-run bicycle accident lawyer can help you pick up the pieces once you get the necessary medical treatment. Consider the risk you leave yourself in if you do not get off the road after a bicycle accident. Unfortunately, you become nearly invisible to other drivers who may not see you in time if you are lying down on the road. We understand how difficult it can be to move. However, protecting yourself against further threats of harm is vital. After ensuring your safety, try to gather as much evidence as possible at the scene. Take photos of your bike, the location, and any visible injuries. As a plaintiff in a personal injury case of any kind, you have the burden of proof.
Gathering Evidence and Reporting the Accident
Thus, the more evidence you can accumulate, the better. To that tune, it is critical to report the accident to the police. If the police come to the accident scene, they will draw up a report. Not only do they help with recovering evidence, but this creates a record that the accident occurred. Moreover, you may not have your wits about you after a bicycle accident. You may not think to check exactly what intersection you are in. The police will be sure to include these details in their report if they decide to create one, which they do not always do. If there were any witnesses, ask for their contact information and see if they can provide statements or details about the fleeing vehicle, such as its make, model, color, or license plate number.
Then, speak with a DC hit-and-run bicycle accident lawyer as soon as you can. We will advise you on the crucial next steps to preserve your right to make a claim.
Proving Fault in a Hit-and-Run Bicycle Accident

Proving fault is not always easy in a DC hit-and-run bicycle accident. In the typical car accident case, we can prove liability based on how the vehicles are damaged. To paint a simple picture, if there is damage to the rear of your vehicle and the front of the other driver’s vehicle, there is a high probability that it was a rear-end collision and the other vehicle is at fault. However, the same is not true in a bicycle accident case. Presumably, the other driver got away. This means we are left only with the damage to your vehicle. An expert witness may be able to prove that the damage to your bicycle was most likely caused by a vehicle. But it is circumstantial evidence, which is far less convincing to a jury.
Additionally, there is no way to know how the accident occurred. We can determine that a vehicle caused the collision, but we do not know for sure how it happened. Nevertheless, the fact that the vehicle fled the scene is enough to make an uninsured motorist claim if you live with a relative who has auto or auto insurance on a vehicle at home.
Eyewitness accounts, traffic camera footage, and any physical evidence left behind by the fleeing vehicle (such as broken parts or paint transfer on your bicycle) can also prove fault. Remember, the more evidence we have, the more likely we are to meet our burden of proof.
Compensation Available for Hit-and-Run Bicycle Accident Victims
Compensation in an uninsured motorist claim through your auto insurance on a car at home operates the exact same as any other negligence claim. This insurance aims to cover your damages when a tortfeasor is uninsured. The only aspect of damages it may not cover is punitive damages. However, punitive damages are unavailable in most bicycle accident cases regardless. In a DC bicycle accident case, we seek damages for medical expenses, lost wages, and pain and suffering. Medical expenses and lost wages are precise. There is an exact amount that you are due if you suffer this form of damages. If your insurance provider decides not to compensate you according to this simple formula, or if we disagree with them regarding how much you are entitled to for pain and suffering damages, we file suit against the insurance company.
While about 95% of personal injury cases settle on average, we will not settle your case for less than it is worth unless you explicitly tell us otherwise. Thus, we will sue your insurance provider for breach of contract. Our cause of action is that the insurance provider breached its duty to fairly compensate you for your damages.
How a DC Bicycle Accident Lawyer Can Help You
The statute of limitations for a DC bicycle accident case is three years. However, it may make more sense to file suit against a defendant in another state despite the accident occurring in Washington, DC. Our DC hit-and-run bicycle accident lawyers will explain to you your options and ensure you make an informed decision. While a hit-and-run accident case may have less insurance coverage avalable than the typical accident, it is always worth discussing your options with an experienced attorney. Our attorneys have handled DC bicycle accident cases since our founding over 70 years ago.
Call Gelb & Gelb today for a free case consultation and evaluation at (202) 331-7227.
