--- description: Washington DC Vulnerable User Recovery Act of 2020 title: Washington DC Vulnerable User Recovery Act of 2020 - Chaikin, Sherman, Cammarata & Siegel, P.C. image: https://www.chaikinandsherman.com/wp-content/uploads/2022/03/Joseph-Cammarata-full-res-scaled-1.jpg --- # Washington DC Vulnerable User Recovery Act of 2020 * Last Updated: September 3, 2024 * Reading Time: 5 minutes Trusted Content ![090424_CSCS_APE30]() Legally Reviewed by Allan Siegel Updated 2 years ago [Home](https://www.chaikinandsherman.com/) » [Washington DC Bicycle Accident Lawyer](https://www.chaikinandsherman.com/bicycle-accidents/) » Washington DC Vulnerable User Recovery Act of 2020 ![]() [ ](https://www.bestlawfirms.com/firms/chaikin-sherman-cammarata-siegel/35728/US) ![]() ![]() ![]() ![]() ![]() ![]() What's On This Page [Case Results](https://www.chaikinandsherman.com/case-results/) $3.5 Million * Bicycle Crash $ 1.8 Millon * Bicycle Crash $1.5 Million * Bicycle Crash $1 Million * Bicycle Crash [View All Practice Areas](https://chaikinandsherman.com/practice-areas/) [Testimonials](https://www.chaikinandsherman.com/blog/testimonials-hub/) [ They truly cared about me as a person. Tracy Koretsky Bicycle Accident ](https://www.chaikinandsherman.com/blog/testimonials-clients/13256/) Contact Us Today! "\*" indicates required fields Name\* First Last Name\* Last Email\*\* Phone\* Are you a new client?\* Are you a new client? \*Yes, I'm a potential new client.No, I'm a current existing client.I'm neither Case Type Case TypeMotor Vehicle AccidentSlip & FallAssaultMedical MalpracticeAbuseWork InjuryOther Were You at Fault? Were You At Fault?NoYesUnknown Where Did The Incident Occur? Where Did The Incident Occur?Washington, D.C.VirginiaMarylandOther Did The Accident Occur In the Last Two Years? Did The Accident Occur In the Last Two Years?YesNo Share Brief Description of the Incident\* ![]() 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. Video Transcript **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. In 2020, Washington D.C. passed the Washington DC Vulnerable User Recovery Act to protect those most vulnerable on the road. The law is designed to help those vulnerable users who have been injured in a [car accident](https://www.chaikinandsherman.com/car-accidents/) as a result of another driver’s negligence. If you have been injured in a car accident, contact [Chaikin, Sherman, Cammarata & Siegel, P.C.](https://www.chaikinandsherman.com/) today to learn more about your rights under this new law. ## What Does Vulnerable User Mean? Vulnerable user refers to those most at risk in traffic with motor vehicles. These users are at increased risk because they have less protection than people riding in cars or trucks. For example, cyclists do not have airbags or steel to protect them. As a result, vulnerable users have a higher chance of being seriously injured if they are in an accident with a motor vehicle. ## Contributory Negligence Laws in D.C. ![Washington DC Vulnerable User Recovery Act of 2020]() Before 2016, injured walkers and [bikers](https://www.chaikinandsherman.com/bicycle-accidents/) were not allowed to obtain financial damages when they were even 1% responsible for a collision with a car. This is called contributory negligence. Under this contributory negligence law, a pedestrian or cyclist could suffer lifelong injuries due to someone else’s negligence and have no legal rights to seek damages if they were even 1% negligent. For example, suppose a [pedestrian](https://www.chaikinandsherman.com/pedestrian-accidents/) legally crosses the street in a crosswalk and gets hit by a car. A lawyer might try to prove that the pedestrian contributed because they were talking on their phone. Under this contributory negligence law, if the pedestrian was found 1% at fault, the pedestrian would be precluded from obtaining financial compensation. D.C. is one of very few jurisdictions in the country that still applies this law, and it still does for all other cases that do not involve a vulnerable road user. ## Motor Vehicle Collision Recovery Act of 2016 This 2016 law was a big win for pedestrians and cyclists. Under this doctrine, the plaintiff’s negligence is not a bar to recovery if the Plaintiff’s negligence is 50% or less. This means that pedestrians, cyclists, and users of other non-motorized devices like skateboards can recover up to 100% of their losses. These losses include medical bills, lost wages, pain and suffering, and property damage so long as the pedestrian or cyclist was no more than 50% at fault for a collision. This law uses comparative negligence rather than [contributory negligence.](https://www.chaikinandsherman.com/what-is-contributory-negligence/) Comparative negligence compares the amount of fault by each party rather than determining if you contributed at all (even 1%.) However, the 2016 law still did not include motorized devices, like [motorized scooters](https://www.chaikinandsherman.com/scooter-accidents/lyft-scooter-accident-lawyer-washington-dc/), [electric bikes](https://www.chaikinandsherman.com/bicycle-accidents/washington-dc-capital-bikeshare-accident-attorney/), [motorcycles](https://www.chaikinandsherman.com/motorcycle-accidents/), or electric mobility devices. ![couple bike riding]() ## What Prompted the Amendment to the Law in 2020? The amendment gained momentum after 20-year-old Carlos Sanchez-Martin was struck and killed by an SUV while riding a scooter at Dupont Circle on September 21, 2018\. His death was the[ first scooter fatality](https://www.nbcwashington.com/news/local/dc-bill-would-give-scooter-e-bike-riders-more-legal-rights/2512/) since rental motorized scooter use began in D.C. The driver of the SUV did not face charges at the time. Dupont Circle is part of the Central Business District. Cyclists and scooter riders are [not allowed to ride on the sidewalk](https://www.chaikinandsherman.com/bicycle-accidents/washington-dc-electric-bike-laws/) in the Central Business District. ## What Did the Vulnerable User Collision Recovery Amendment Act of 2020 Add? The[ Vulnerable User Collision Recovery Act](https://code.dccouncil.us/us/dc/council/laws/23-183#:~:text=Vulnerable%20User%20Collision%20Recovery%20Amendment%20Act%20of%202020.,-AN%20ACT&text=To%20amend%20the%20Motor%20Vehicle,of%20public%20highways%20and%20sidewalks.) of 2020 added other vulnerable users to the 2016 law. According to section 2(13) of the amendment_, “‘Vulnerable user ‘means an individual using an all-terrain vehicle, bicycle, dirt bike, electric mobility device, motorcycle, motorized bicycle, motor-driven cycle, non-motorized scooter, personal mobility device, skateboard, or other similar devices.”_ If you qualify as a “vulnerable user” as defined above, you will not be denied a financial recovery if you were in an accident with a car unless you are determined to be more than 50% negligent. ## Follow D.C. Laws to Stay As Safe As Possible ### **D.C.**[ **Electric Scooter Rules**](https://www.washingtonpost.com/local/trafficandcommuting/dc-council-to-take-final-vote-on-new-e-scooter-regulations/2020/10/19/660f5cce-121f-11eb-bc10-40b25382f1be%5Fstory.html) * Must be at least 16 years old * Wear a helmet if under 18 years old * Allowed on some sidewalks * Can use bike lanes * Must legally park * Obey restrictions on carrying packages * No passengers * Illegal to drink and operate a scooter Electric scooters are not allowed on sidewalks in the Central Business District of D.C. Users are encouraged to use bike lanes when available. ### **D.C.**[ **Electric Bike Rules**](https://www.peopleforbikes.org/electric-bikes/state-laws) * You must be 16 years old. * Bicycle road rules apply. In Washington, D.C., an e-bike is defined as a motorized bicycle, as long as: * There are operable pedals. * The e-bike operates under combined human and motor power. * The maximum speed is 20 mph. ## How Can a Personal Injury Attorney Help You? Even though the law has been improved for vulnerable users, determining who is at fault and how the fault should be apportioned can still be confusing. You need an [advocate on your side](https://www.chaikinandsherman.com/what-does-a-personal-injury-lawyer-do/) who knows the laws and can stand up to insurance companies who do not want to provide fair compensation for your injuries. Our accident lawyers will examine: * Witness statements * Police reports * Medical Records * Physician statements * Video footage * Vehicle maintenance records ## How Is Fair Compensation Determined? The following factors determine how much your injury case is worth: * How severe are your injuries? * How much are your medical bills? * Will you need ongoing medical treatment or equipment due to your injuries? * Has the accident affected you mentally and emotionally? * Has the crash affected your ability to work? Will you earn enough income to still care for yourself and your family? * Have your injuries impacted your ability to participate in activities you used to enjoy? * Due to your injuries, are you deprived of the benefits of a relationship with your spouse or significant other? * Can you complete your daily living activities independently, or do you need assistance? ## Proud Partners of WABA & the Local Cycling Community Our firm is a proud Partner and Legal Resource Member of the[ Washington Area Bicyclist Association](https://waba.org/blog/2016/09/introducing-chaikin-sherman-cammarata-siegel-p-c-as-a-new-waba-sponsor-and-legal-resource-member/) (WABA). This advocacy organization works to improve safety for bicyclists throughout the D.C. Metro area. Our firm has represented victims and families in DC, Maryland, and Virginia after preventable[ bicycle accidents](https://www.chaikinandsherman.com/bicycle-accidents/) abruptly changed their lives for over 50 years. We fully support efforts to make public roadways safer for everyone. ## Contact Chaikin, Sherman, Cammarata & Siegel, P.C. for a Free Consultation Having knowledgeable legal representation can make a difference in your ability to obtain a fair financial recovery after an accident. So don’t hesitate to call a personal injury lawyer at Chaikin, Sherman, Cammarata & Siegel, P.C. We understand the new vulnerable user law in Washington, D.C., and we will fight for your rights. Complete this[ online contact form](https://www.chaikinandsherman.com/contact-us/) or call 202-695-1575 to schedule a FREE CONSULTATION with one of our accident attorneys. Contact us today. [Watch Our Video Testimonials](https://www.chaikinandsherman.com/blog/testimonials-hub/) [ ](https://www.chaikinandsherman.com/blog/video/client-richard-shares-his-story-after-a-devastating-bicycle-accident-in-dc-testimonial-video/) [ ](https://www.chaikinandsherman.com/blog/video/clients-michael-joy-share-their-bicycle-accident-story-in-washington-dc/) [ ](https://www.chaikinandsherman.com/blog/video/jose-de-arteaga-testimonial-video/) [ ](https://www.chaikinandsherman.com/blog/video/brent-meier/) ![Main CSCS Video - Thumb 1]() Get free advice about the compensation you deserve. At Chaikin, Sherman, Cammarata & Siegel, P.C., our car accident attorneys fight tirelessly to secure the compensation you deserve, handling every aspect of your case to protect your rights. Trust us to stand by you and advocate aggressively on your behalf. [ Speak to a Specialist ](#) Visit Us in Person 1232 17th St NW Washington, DC 20036 The bicycle accident lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. serve the entire Washington, D.C. metro area, including Virginia (Northern Virginia, [Arlington](https://www.chaikinandsherman.com/bicycle-accidents/arlington-va/), [Fairfax](https://www.chaikinandsherman.com/bicycle-accidents/fairfax-va/), Woodbridge, Manassas, and [Alexandria](https://www.chaikinandsherman.com/bicycle-accidents/alexandria/)), and Maryland (Bethesda, Hyattsville, Rockville, Laurel, Montgomery County, Prince George’s County, Waldorf, Upper Marlboro, Frederick, Bowie, and [Silver Spring](https://www.chaikinandsherman.com/bicycle-accidents/silver-spring/)). ![]() Top 10 Mistakes Made After an Accident Review these common auto accident mistakes to protect your rights. [ READ OUR E-BOOK ](https://www.chaikinandsherman.com/wp-content/uploads/2020/05/E-Book.pdf) Meet Our Team [ Learn More About Us ](https://www.chaikinandsherman.com/about-us/) Ira Sherman Partner [ ](https://www.avvo.com/attorneys/20036-dc-ira-sherman-705070.html) [ ](https://lawyers.findlaw.com/district-of-columbia/washington/1088734%5F1/) [ ](https://profiles.superlawyers.com/washington-dc/washington/lawyer/ira-sherman/a5e43e2c-0ec5-46c2-a9b4-8f4cb268a6a4.html) [ ](https://www.martindale.com/attorney/ira-sherman-346860/) [ ](https://www.bestlawyers.com/lawyers/ira-sherman/44719) [ ](https://www.lawyers.com/washington/district-of-columbia/ira-sherman-346860-a/) Licensed in Washington, D.C., Maryland, and New York With over four decades of courtroom experience, **Ira Sherman** is a powerhouse trial lawyer who has won justice for countless victims of serious injury, discrimination, and medical malpractice. Known for his relentless advocacy, compassion, and proven results, he’s the attorney clients trust when everything is on the line. [ Ira Sherman's Bio ](https://chaikinandsherman.com/attorney-profiles/ira-sherman/) Joseph Cammarata Partner [ ](https://www.avvo.com/attorneys/20036-dc-joseph-cammarata-646894.html) [ ](https://lawyers.findlaw.com/profile/view/2406039%5F1) [ ](https://profiles.superlawyers.com/washington-dc/washington/lawyer/joseph-cammarata/4f253733-840c-463f-87ec-6cc17ee0a029.html) [ ](https://www.martindale.com/attorney/joseph-cammarata-346862/) [ ](https://www.bestlawyers.com/lawyers/joseph-cammarata/44340) [ ](https://www.lawyers.com/washington/district-of-columbia/joseph-cammarata-346862-a/) Licensed in Washington, D.C., Maryland, and Virginia A dual board-certified civil trial attorney, **Joseph Cammarata** is nationally recognized for his fierce advocacy, landmark legal victories, and relentless pursuit of justice for victims of serious injury, wrongful death, sexual assault, and civil rights violations. With wins against powerful opponents—including a historic U.S. Supreme Court case securing equal access to justice—he’s the attorney clients trust when they need skill, strength, and results that matter. [ Joe Cammarata's Bio ](https://chaikinandsherman.com/attorney-profiles/joseph-cammarata/) Allan M. Siegel Partner [ ](https://www.avvo.com/attorneys/20036-dc-allan-siegel-689414.html) [ ](https://lawyers.findlaw.com/profile/view/2971348%5F1) [ ](https://profiles.superlawyers.com/washington-dc/washington/lawyer/allan-m-siegel/4e0995fd-0edd-4ce4-b65a-b337b5beed4e.html) [ ](https://www.martindale.com/attorney/allan-m-siegel-346863/) [ ](https://www.bestlawyers.com/lawyers/allan-m-siegel/44400) [ ](https://www.lawyers.com/washington/district-of-columbia/allan-m-siegel-346863-a/) Licensed in Washington, D.C., Maryland, and Virginia **Allan M. Siegel** is a board-certified trial attorney and partner at Chaikin, Sherman, Cammarata & Siegel, P.C., known for securing justice in serious personal injury, brain injury, and wrongful death cases. Recognized as one of Washington’s _Top 100 Super Lawyers®_ and a _Best Lawyer®_ in America, he combines strategic precision, courtroom skill, and relentless advocacy to win full and fair compensation for his clients. [ Allan Siegel's Bio ](https://www.chaikinandsherman.com/attorney-profiles/allan-m-siegel) Stephen Ollar Partner [ ](https://www.avvo.com/attorneys/20036-dc-stephen-ollar-4985471.html) [ ](https://lawyers.findlaw.com/profile/view/5218424%5F1) [ ](https://profiles.superlawyers.com/washington-dc/washington/lawyer/stephen-ollar/0d2f3acf-e355-463a-b158-79a2e9e3d917.html) [ ](https://www.martindale.com/attorney/stephen-paul-ollar-300437406/) [ ](https://www.bestlawyers.com/lawyers/stephen-oilar/345719) [ ](https://www.lawyers.com/washington/district-of-columbia/stephen-paul-ollar-300437406-a/) Licensed in Washington, D.C., Maryland, and Virginia **Stephen Ollar** is an award-winning trial attorney and U.S. Army veteran dedicated to holding negligent individuals and corporations accountable. Recognized as a _Super Lawyers Rising Star_ from 2020–2025, he’s known for his tenacity, precision, and unwavering pursuit of justice in personal injury, auto accident, and medical malpractice cases. [ Stephen Ollar's Bio ](https://www.chaikinandsherman.com/attorney-profiles/stephen-ollar/) ## Related Articles [ Read More Blog Articles ](https://www.chaikinandsherman.com/blog/) ### [ DC Bike Accident Attorneys ](https://www.chaikinandsherman.com/dc-bike-accident-attorneys/) ### [ Do Bicycles Have To Obey Traffic Laws In Maryland? ](https://www.chaikinandsherman.com/bicycle-accidents/do-bicycles-have-to-obey-traffic-laws-in-maryland/) ### [ Do Bicycles Have To Obey Traffic Laws In Virginia? ](https://www.chaikinandsherman.com/bicycle-accidents/do-bicycles-have-to-obey-traffic-laws-in-virginia/) ### [ Bicycle Safety Tips ](https://www.chaikinandsherman.com/bicycle-accidents/bicycle-safety-tips/) ### [ Silver Spring Bicycle Accident Lawyer ](https://www.chaikinandsherman.com/bicycle-accidents/silver-spring/) ### [ Bicycle Accident Attorney Fairfax, VA ](https://www.chaikinandsherman.com/bicycle-accidents/fairfax-va/) ### [ Bicycle Accident Attorney Arlington, VA ](https://www.chaikinandsherman.com/bicycle-accidents/arlington-va/) ### [ Common Causes of Bicycle Accidents ](https://www.chaikinandsherman.com/bicycle-accidents/common-causes-of-bicycle-accidents/) ### [ Bicycle Accident Lawyer Alexandria, VA ](https://www.chaikinandsherman.com/bicycle-accidents/alexandria/) ### [ Dangers Of Riding a Bicycle at Night ](https://www.chaikinandsherman.com/blog/2023/07/dangers-of-riding-a-bicycle-at-night/) Biking at Night Imagine you’re pedaling down a quiet, tree-lined street as the sun sets. [ Read More » ](https://www.chaikinandsherman.com/blog/2023/07/dangers-of-riding-a-bicycle-at-night/) 07/18/2023 ### [ The Dangers of Washington, DC Bike Lanes ](https://www.chaikinandsherman.com/blog/2023/07/the-dangers-of-washington-dc-bike-lanes/) Washington, DC Bike Lanes, and Their Dangers As the popularity of cycling continues to grow [ Read More » ](https://www.chaikinandsherman.com/blog/2023/07/the-dangers-of-washington-dc-bike-lanes/) 07/18/2023 ### [ Biking To Work: Tips For Bicycle Commuting ](https://www.chaikinandsherman.com/blog/2023/07/biking-to-work-tips-for-bicycle-commuting/) Bike Commuting Tips As the sun rises and the city bustles to life, many individuals [ Read More » ](https://www.chaikinandsherman.com/blog/2023/07/biking-to-work-tips-for-bicycle-commuting/) 07/17/2023 ### [ Tips For Cycling in the Rain ](https://www.chaikinandsherman.com/blog/2023/07/tips-for-cycling-in-the-rain/) Tips for Cycling in Wet Weather Cycling in the rain can be an enjoyable and [ Read More » ](https://www.chaikinandsherman.com/blog/2023/07/tips-for-cycling-in-the-rain/) 07/17/2023 ```json {"@context":"https://schema.org","@graph":[{"@type":"LegalService","@id":"https://chaikinandsherman.com/#firm","name":"Chaikin, Sherman, Cammarata & Siegel Personal Injury Lawyers","url":"https://www.chaikinandsherman.com/","telephone":"+1-202-659-8600","email":"publicrelations@dc-law.net","logo":"https://www.chaikinandsherman.com/wp-content/uploads/2024/08/new-logoBaskerville@2x.png","image":"https://www.chaikinandsherman.com/wp-content/uploads/2024/08/cscs-firm-photo.jpg","description":"Chaikin, Sherman, Cammarata & Siegel is a Washington D.C. personal injury law firm with decades of experience representing accident victims throughout DC, Maryland, and Virginia.","foundingDate":"1969","address":{"@type":"PostalAddress","streetAddress":"1232 17th St NW","addressLocality":"Washington","addressRegion":"DC","postalCode":"20036","addressCountry":"US"},"founder":[{"@type":"Person","name":"Joseph Chaikin","address":{"@type":"PostalAddress","streetAddress":"1232 17th St NW","addressLocality":"Washington","addressRegion":"DC","postalCode":"20036","addressCountry":"US"}},{"@type":"Person","name":"Matthew Sherman","address":{"@type":"PostalAddress","streetAddress":"1232 17th St NW","addressLocality":"Washington","addressRegion":"DC","postalCode":"20036","addressCountry":"US"}}],"employee":[{"@type":"Attorney","name":"Allan M. 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