Bicyclist Injuries on the Rise

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Legally Reviewed by
Allan Siegel

Updated 3 months ago

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Three of the firm’s attorneys discuss bicycle accident litigation in Washington, DC — including dooring, bike lane violations, and how the District’s Vulnerable User Recovery Act allows cyclists to recover damages even when partially at fault. The firm has secured over $3.5 million for a cyclist who suffered a traumatic brain injury in a dooring incident.

Speakers: Joseph Cammarata, Stephen Ollar, Allan Siegel

Allan Siegel:

Being in the District of Columbia, which is a very bicycle friendly city, we get a lot of bicycle crashes. A lot of clients who are involved in bicycle crashes reach out to us and we’ve been handling them for years. Whether or not it’s somebody driving in a bike lane and somebody makes a turn and infringes upon the bike lane, whether it’s somebody who gets “doored” by another vehicle, in other words, a driver stops and opens his door while the bicyclist is driving with the right of way. That actually is against the law in the District of Columbia. You’re required to look before you open your door or whether or not it’s just a case where a bicycle’s riding on the roadway and with the right of way and a vehicle makes a turn or rear ends them. We get a lot of them, and we’ve been handling them for many, many years and very successfully.

Stephen Ollar:

Really, when you look at the law in DC what we talk about is vulnerable riders. So it’s not just bicyclists, it’s also motorcyclists. It’s people on e-scooters, even pedestrian, all of them who are, anybody who’s not inside a four wheeled vehicle, falls under that kind of category of a vulnerable user. And so the law in that area is consistent across the board. The law now in the District Columbia, is that if you fall into that kind of category, you could be up to 50% at fault and still be able to get a recovery. You can’t be more than 50% at fault, but as long as you’re 50% or less, you’re still eligible to get a recovery. So we do a lot of those cases and providing representation for people over hurt in those categories.

Joseph Cammarata:

So it’s important to reach out to a lawyer that knows what they’re talking about that’s going to be aggressive and going to be able to establish that your fault was slight, if any, and that you have a full opportunity to receive compensation for the harms and losses that you suffered.

Over the last few weeks bicyclist fatalities have made the news locally, including a bicyclist killed in Fairfax County and another in Bethesda. The Fairfax incident involved a bicyclist riding around 8 p.m. when he was struck from behind by an SUV. He was bicycling with a partner, but not wearing reflective clothing and did not have any lights on the bicycle. The Montgomery County incident involved a 64-year-old form Navy SEAL who was killed when a car struck his bicycle on Massachusetts Avenue at around 6:30 a.m. The bicyclist was on the shoulder, wearing a helmet, when he was struck by a car. There was no bike lane at the point in the road where he was struck.

These incidents come as the Journal of the America Medical Association published a study that found the number of traumatic injuries related to bikes in adults age 18 and older nearly doubled from 1998-99 to 2012-2013 going from 8,791 to 15,427.

As the number of bicyclists on the road continues to rise, researchers also found that head injuries had risen from 10 to 16 percent and torso injuries rose from 14 to 17 percent of all injuries. In the most recent years of the study, 56 percent of bicycling injuries took places on streets, rather than in parks, rural areas, or other locations. The greatest increase in injuries was seen among Americans over the age of 45, rising from 23 percent to 42 percent.

These unfortunate stories, and alarming statistics, are an important reminder that the roadways need to be safe for all users, whether in motor vehicles or on bicycles. When an accident occurs between two automobiles, the people in the motor vehicles have at least some protection, whether it’s the body of the vehicle, airbags, or other safety features. Bicyclists are completely exposed. A low-speed collision that would cause only minor injuries to a passenger in a car, can have significant consequences if it involves a bicyclist. Out of the roadway, everyone, both drivers and bicyclists, need to be mindful of others on the roadway and their surroundings to help avoid accidents.

The personal injury attorneys at Chaikin, Sherman, Cammarata & Siegel, P.C., have helped countless bicyclists who have been injured by careless or negligent drivers. If you or someone you love has been injured in a bicycling accident as a result of someone else’s negligence, please give us a call today for a free consultation.

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The bicycle accident lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. serve the entire Washington, D.C. metro area, including Virginia  (Northern Virginia,  Arlington, Fairfax,  Woodbridge,  Manassas,  and Alexandria), and Maryland  (Bethesda,  Hyattsville,  Rockville,  Laurel,  Montgomery County,  Prince George’s County,  Waldorf,  Upper Marlboro,  Frederick,  Bowie,  and  Silver Spring).

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