Associate Matthew Tievsky Secures Settlement on Behalf of Injured Cyclist

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Legally Reviewed by
Allan Siegel

Updated 11 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.

Chaikin, Sherman, Cammarata & Siegel, P.C. is proud to announce a recent successful case resulting in a settlement nearly four times the initial offer from the insurance company. In the case, Associate Attorney Matthew W. Tievsky represented a woman who was injured while riding her bicycle. A motor vehicle unexpectedly moved sideways into her lane of travel, striking her and throwing her to the pavement. Our client suffered a concussion and injuries to her neck and the left side of her body. The driver of the motor vehicle tried to claim that the collision was our client’s fault, or the fault of a second bicyclist who supposedly forced the driver to swerve her car into our client.

Mr. Tievsky brought a lawsuit against both the driver and the second bicyclist, but neither defendant offered anything to settle the case. This lasted until a few days before the trial, when the driver’s insurance company offered to pay our client’s medical bills (about $ 7,400) if we would agree not to seek more than $20,000 (including the medical bills) at trial. Mr. Tievsky refused to accept such a limitation, insisting that the case was worth at least $25,000.

Mr. Tievsky refused to accept such a limitation, insisting that the case was worth at least $25,000. Mr. Tievsky persisted even through the first day of trial, and his persistence paid off: On the morning of the second day of trial, unhappy that the trial was going well for our client, the driver’s insurance company offered $25,000, and the second bicyclist’s insurance company offered an additional $1,500, to settle the case. Our client accepted, resulting in a settlement for $26,500 total, almost four times the offer before trial.

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The bicycle accident lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. represent injured cyclists across the Washington, D.C. metro area, including Virginia (Arlington bike accident cases, Alexandria, and Fairfax County bicycle injury claims) and Maryland (Silver Spring cyclist injury cases), and we also handle Capital Bikeshare claims and e-bike injury matters throughout the District.

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