The DC bicycle accident trial process is arguably more complex than other vehicle accident cases. In a standard car accident case, the property damage to the cars tells a story. We can see the dents in the rear bumper of your car and the corresponding dents in the front bumper of the car that hit you. While that is not conclusive evidence, it is compelling evidence that the defendant failed to stop and hit you, causing your injuries. But a bicycle accident is a tad different. If a bicycle is hit by a car or truck, the damage is often too destructive to paint a clear picture. While we can hire expert witnesses who would testify at trial about how they believe the accident happened, that is still not as compelling to a jury as seeing the damage with their own eyes and coming to their own conclusion.
The DC bicycle accident trial process can be daunting, especially for those unfamiliar with the legal system. Understanding each step of the trial process is critical to securing a favorable outcome. Here, we will walk you through each typical DC bicycle accident trial process stage. While no two trials are exactly alike, below we outline the general framework you can expect if you get to this stage. Of course, most cases settle before trial. In the unlikely event that yours does not settle, you can expect to go through the following stages. The length of your case also depends on which DC court we file suit in. In DC, you can expect your trial to last about two days. This is far longer than the more minor cases in Maryland.
The first step in the trial process begins when we cannot reach reasonable settlement terms. This may be because the defendant’s insurance company denies liability on their insured’s behalf or does not fairly value your injuries. In either event, our DC bicycle accident attorneys advise you of your options to accept or reject any settlement offers, and we move forward to trial. This begins with drafting and filing a complaint, which outlines the details of the accident, the damages incurred, and the legal claims against the defendant. In DC, you typically have three years from the accident date to file a lawsuit, known as the statute of limitations. When we file the complaint, we also have to serve process on the defendant. This is known as a summons or process.
A summons for a DC court must contain information such as the name of the court and the parties, be directed to the defendant, state the name and address of the plaintiff’s attorney, state the time within which the defendant must appear and defend, notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint, be signed by the clerk of court, and bear the court’s seal.
Unfortunately, getting into court in Washington, DC, is slow. However, the time will pass anyway. If you are entitled to compensation, we encourage you to pursue justice and recover the damages you deserve.
The discovery phase is critical to the DC bicycle accident trial process. This is when both sides exchange information relevant to the case. A bike accident case can include medical records, accident reports, photographs, and witness statements. Additionally, attorneys for each side may send written questions (interrogatories) or request documents from the opposing party. Depositions, where witnesses provide sworn testimony before trial, are also common during discovery. Unfortunately, some of these discovery methods have costs that can increase the expense of litigation. This added cost is why we always try to settle your case first.
Perhaps the most common pre-trial motion in the DC bicycle accident trial process is a motion to dismiss from the defense. When this happens, the attorneys may be called into a hearing to speak with the judge. As it is the defense’s motion, the burden is on them to show why the motion should be granted, and the case is dismissed. This should be fine if we have a meritorious claim and a properly drafted complaint. But it is always important to discuss with a DC bike injury lawyer to best understand your legal rights.
A trial follows a complex set of rules, but the timeline and flow of a trial remain fairly consistent. It begins with opening statements from both us and the defendant’s attorneys, where we outline our case and what we seek to prove. Then, we move into the presentation of evidence. As we have the burden of proof as the party that brought the lawsuit, we go first. Our presentation can include medical records, photographs, videos, eyewitness testimony, physical evidence like a damaged bicycle part or helmet, expert testimony, and documentation of damages. Then, the defense team introduces evidence. The defense seeks to undermine the credibility of our witnesses. They do this by cross-examination and presentation of their evidence. After all evidence is presented, we make closing arguments, the jury deliberates, they produce a verdict, and the judge hands down a judgment.
Unfortunately, this is not always where the DC bicycle accident trial process ends.
If we settle your case, there can be no appeals or post-settlement procedures. But with a trial, the result is generally appealable. The losing side may appeal by motioning for a new trial, for additur or remittitur of a judgment, or that some significant mistake occurred as a matter of law. An appeal involves asking a higher court to review the trial court’s judgment. In DC, the appeals process can take months or even years, during which time the enforcement of any judgment is usually put on hold.
The length of the DC bicycle accident trial process is probably the worst part. In other states, you can get into court reasonably quickly. But in DC, getting into court can take 18-24 months. The flow of cases was always slow, but it was further backlogged during COVID-19 years ago. While clear changes need to be made to the DC court system, amending that process requires an act of Congress. Thus, it is unlikely to change anytime soon.
While the process can be time-consuming, proper preparation and a thorough understanding of the steps can make it more manageable.
The legal team at Gelb & Gelb can help you navigate even the most complex litigation processes and the DC bicycle accident trial process. We have handled hundreds of bicycle accident cases in DC. Additionally, note that just because your accident happened in DC does not mean we must file a lawsuit in a DC court. For example, if the defendant driver lives in Maryland or Virginia, it may be advantageous to file suit there. We approach each case differently to maximize compensation for your injuries and resolve your case cost-effectively and efficiently.
Call our office today for a free consultation and case evaluation at (202) 331-7227.