Biking is a fantastic way to get around the District of Columbia. It is better for the environment, is less expensive than a car and even the bus or Metro, and can be more enjoyable. However, road conditions in a DC bike accident are worth exploring. As we will see, road conditions can play a significant role in causing a bicycle accident. However, the question will become whether you can recover from injuries sustained in a bike accident if the road conditions are natural. Remember, we need to establish liability for some insured person or entity. Moreover, you cannot be contributorily negligent in causing your injury. If you are, DC law bars you from recovering compensation.
Whether road conditions present a sufficient cause of action for a bike accident lawsuit is a common question our experienced DC bike accident lawyers get from potential plaintiffs. There is no question that poor road maintenance, such as potholes, uneven pavement, and obscured bike lanes, can significantly increase the risk of accidents. However, the defense may argue that you are contributorily negligent for driving through a pothole. Bicycles can stop almost instantly, depending on your rate of speed. But what if you could not stop? What if there were no ways to proceed down the street except through the pothole? Our DC bike accident lawyers discuss all these factors under the umbrella of road conditions in a DC bike accident.
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There are countless hazards for cyclists in DC. Some are easier to avoid than others. Further, our DC bike accident lawyers tend to get calls for the same dangerous road conditions in a DC bike accident. These hazards are discussed below.
A pothole or uneven surface can sneak up on you. As a bicyclist, you have a legal duty to watch where you are going and avoid reasonably foreseeable accidents. One issue is some potholes or uneven surfaces can be challenging to detect. Riding on a bike offers a distinct perspective of the road. While you have few obstacles blocking your vision, you may not be able to see down the road if you have a car or truck directly ahead of you. Thus, while a pothole may not cause trouble for the motor vehicle, it can cause trouble for bicyclists.
Uneven surfaces include unexpected dips and raised patches. Either one is a common and dangerous road hazard for cyclists in DC. The key to these conditions is how visible the surface is. If the hazardous condition is practically invisible to a reasonably prudent bicyclist, you may have a case worth pursuing. Thus, it is imperative to take pictures of the dangerous conditions immediately. This may be a scenario where the dangerous condition could be fixed tomorrow. Accordingly, the sooner you act, the better. While we always advise you to take care of your physical well-being first, it is critical to note the time-sensitive nature of the situation.
While you can just as well ride your bike on the sidewalks of DC as you can the marked bike lanes, bike lanes can sometimes be a safer choice. Road conditions in a DC bike accident are often more predictable than the sidewalks. While you run the risk of encountering a negligent driver, you avoid the distracted pedestrians that are abundant on the sidewalk. Moreover, if you are injured on the sidewalk, pedestrians do not have insurance coverage to compensate you for your injuries if you get hurt. Meanwhile, while this is the worst-case scenario, a vehicle owner should have coverage. While we can only hope you will not be in this situation, it does arise. Accordingly, it would be best if you understood the applicable law.
A clear distinction of lanes reduces the frequency that drivers drift into lanes. Unfortunately, if the bike lanes are not marked, drivers may not understand that they cannot shift into the lane. Poorly marked bike lanes may also discourage bikers from using the road. This discouragement may decrease the number of bikers altogether. But at the least, it tends to push more bikers onto the sidewalks where they may collide with pedestrians. Of course, bikers also need to move slower on the sidewalks, causing frustration.
Of the three common road hazards for cyclists in DC, this is the only one that lends itself to suing an entity other than the DC government. If debris is left in the bike lane and causes an accident, you should attempt to learn who is responsible for leaving it there. If you can identify the tortfeasor, we may be able to establish a causal link. Leaving debris and obstacles in your pathway is a breach of the duty owed by the responsible tortfeasor. However, proving that the defendant is responsible for where it is and for causing your accident can be challenging. Moreover, you still may encounter a contributory negligence defense. This is a complete defense that bars your right to recover.
Another factor to consider is that debris may puncture the tires on your bicycle. In a DC bike accident, this road condition can severely affect your safety. Whether branches, rocks, glass, or garbage, bike tires are susceptible to puncture. However, just because debris is in your path does not mean someone is at fault. The debris may have accumulated due to a storm. While there may still be liability if the debris was not properly tied down, tracking down who owned it can be immensely challenging as it could have traveled several blocks.
Washington, D.C., has been known to accept liability for damage to vehicles over road conditions in a DC bike accident. For example, you may be entitled to reimbursement if someone hits a pothole and damages their bike. The issue you will face is whether you could have avoided the pothole. If you were negligent in causing the accident, you may be unable to recover for your injuries.
If we can identify the responsible party for adverse road conditions in a DC bike accident and prove that the party’s negligence is responsible for your injuries, you may have a claim. Remember that they will try to prove you could have avoided the accident. However, that is an affirmative defense, meaning they have the burden of proof for their defense. This is a jury question that our DC bike accident attorneys have won many times.
Your legal recourse involves reimbursement for any medical expenses you had to pay for injuries caused by the road conditions in a DC bike accident. Moreover, if you cannot work because of those injuries and a doctor excuses you from work, you may be entitled to a lost wage claim. Third, you may be entitled to compensation for pain and suffering. This is referred to as general damages. These are noneconomic damages less quantifiable than medical expenses or lost wages. It is also a jury question. If a jury decides that you have suffered immense pain from, for example, a broken bone and painful road rash, then you may be entitled to significant compensation.
Road conditions in a DC bike accident are responsible for countless injuries every year. At the scene of your accident, be sure to document as much information as you can. Then, contact a DC bicycle accident attorney immediately for a free consultation.
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