Rear-End Bicycle Accidents in DC
A rear-end collision of any kind is among the most common accidents on the road. As far as liability, it also tends to be the easiest to prove. In a typical motor vehicle accident, property damage to the vehicle’s rear tells a story of how the accident happened. This does not hold true in a bicycle accident case. If you are in a rear-end bicycle accident in DC, your bike is probably fairly mangled. Of course, we can hire an expert witness at trial to explain that, based on the condition of your bicycle after the accident, it is reasonably likely that you were rear-ended. However, that will not happen at the settlement stage, which is where we typically prefer to resolve a case. The reason is that it is both less expensive for the client and far quicker.
Sometimes, mere testimony is insufficient to meet the burden of proof by a preponderance of the evidence. But if we can convince a judge or jury that you were rear-ended, the fact-finder will likely believe the other driver was at fault. Unfortunately, while bicycle accidents are less common than car-on-car collisions, a car is more likely to rear-end a bicycle than another vehicle. There are several reasons for that, which we will explore below. In almost all instances, the driver who rear-ends the bicyclist is at fault. However, before examining those common scenarios, it is important to consider one scenario where the biker may share some blame. This is when a bicyclist cuts out in front of a car. If this happens and the driver has no time to stop, they are not negligent. Although, proving that they do not share negligence is tricky without a witness.
What Causes Rear-End Bicycle Accidents in DC?
There are several causes of rear-end bicycle accidents in DC. We have already touched on perhaps the only plausible reason the bicyclist would be at fault in a negligence case. But in the vast majority of cases, it is the driver rear-ending the bicyclist who is at fault. We explore some of those scenarios below.
Lack of Brake Lights
While some bicycles in Washington, DC, like Capital Bikeshare cycles, have brake lights, many do not. This is an issue, particularly when a driver is not paying enough attention to the road. Unfortunately, too many drivers operate their vehicles while distracted. They may be texting and driving, changing the song on their radio, or adjusting their navigation. Whatever the case is, brake lights help alert drivers that vehicles ahead are stopping. Especially in heavier traffic, where minds tend to wander, rear-end bicycle accidents are more likely to occur when a bicycle lacks brake lights.
Lack of Visibility
This common cause ties into a lack of brake lights. Of course, if a bicycle has brake lights or any form of tail lights, it will be more visible. Unfortunately, the most bicycles tend to have are red reflectors. This is not always enough to alert a driver that a person is ahead. This is especially a problem when visibility is already limited. Even seeing other cars and trucks can be difficult at night or in adverse weather conditions. Fog, rain, and other dangerous weather conditions can make viewing a bicycle without lighting nearly impossible. Of course, when a driver sees the biker, it may be too late, and a rear-end collision will ensue.
Inadequate Bicycle Infrastructure
While using a bicycle lane in Washington, DC, is unnecessary, it can protect you if one is available. Thus, we recommend using a bicycle lane if one is nearby and fits on your route. You can also use the bus and bike hybrid lane as a means to protect yourself from the negligence of other drivers. If you do not use one of these lanes when it is available, you expose yourself to the carelessness of other drivers, especially when there is a lack of visibility and no brake lights equipped on your bike.
Legal Rights of Cyclists in Rear-End Bicycle Accidents
Cyclists share many of the same legal rights as anyone in a vehicle, plus a few more. However, it is worth first reviewing the legal rights that cyclists do not have. While this is not technically a missing legal right, it is an opportunity that tends to be unavailable to many bicyclists. If you are in an accident on your bike with the driver of a car that does not have insurance or is stolen, then your options for a source of recovery are limited. Although, you may still be able to make a claim if you own a vehicle at home or live with a family member with auto insurance.
Beyond that one minus, cyclists tend to have the same legal rights as drivers. If you are rear-ended while riding your bicycle, you may sue the driver who hit you. Or, as happens most of the time, you can settle with that driver’s insurance provider. In general, you may recover compensation for all damages causally related to the accident so long as your claim survives any defenses. Of course, a good DC bike accident lawyer will help you avoid any defenses that may bar your right to recovery.
What to Do After a Rear-End Bicycle Accident in DC
By speaking to a DC bike accident lawyer immediately after being rear-ended, you can understand how to best preserve your legal rights to recovery following an accident. Here, we provide a general guideline you can use to refer back to for a miniature timeline of what to expect. However, it is always best to understand your legal rights as they apply to your unique situation.
- Ensure Your Safety: Move to a safe area to avoid further injury.
- Seek Medical Attention: Even if injuries seem minor, get checked by a medical professional.
- Call the Police: Report the accident and ensure a police report is filed for documentation.
- Gather Evidence: Take photos of the scene, your bike, the vehicle involved, injuries, and road conditions.
- Collect Witness Information: Get contact details and statements from witnesses at the scene.
- Avoid Admitting Fault: Refrain from making statements about fault to the other party or witnesses.
- Report the Accident to Your Insurance: Notify your insurance company of the accident.
- Consult with a Bicycle Accident Attorney: Seek legal advice to protect your rights and understand your options for compensation.
Compensation for Rear-End Bicycle Accidents
Before discussing compensation, you must establish liability. Compensation encompasses all damages so long as they are causally related to your rear-end bicycle accident. However, you must comply with inherent duties, such as the duty to mitigate damages. In other words, you cannot merely run up the damages because you know compensation is on the way. Put simply, if you require an Uber to get to your doctor’s appointment, you should take the least expensive option available. A tougher judge may even require that you take the Metro if that is an option.
Every aspect of damages is nuanced. Thus, as always, it is best to speak with a DC bike accident injury lawyer to best understand your options. However, in general terms, you can recover compensation for medical expenses, past lost wages, a loss of future earning capacity, and pain and suffering damages.
How a Lawyer Can Help After a Rear-End Bicycle Accident
Call our office today for a free consultation and case evaluation at (202) 331-7227.