In Washington, D.C., it is illegal for anyone under the age of 16 to ride a bicycle without wearing a properly secured bike helmet. While it is not illegal for someone over the age of 16 to ride without wearing one, wearing a bike helmet is the best way to avoid a head injury.
What Can You Do to Protect Yourself While Riding Your Bicycle?
According to the National Highway Traffic Safety Administration (NHTSA), there are several ways you can protect yourself while riding your bike:
- Be sure your bike fits you – If it is too big or small, it can be harder to control, making you more likely to crash.
- Ensure your bike is functioning correctly – Do a quick check of your bike equipment, such as the brakes, to make sure it is in good working order.
- Wear the right equipment – By wearing brightly colored clothing and reflective gear, you will be more visible to drivers on the road. Be sure to wear a bike helmet that fits you properly.
Can You Ride Your Bicycle on the Sidewalk in D.C.?
D.C. law allows bicyclists to ride on D.C. sidewalks as long as they are outside the central business district (CBD). Within the CBD, people may use bikes on land under the jurisdiction of the National Park Service, such as Lafayette Park and the National Mall. However, they must yield the right-of-way to any pedestrians when riding on sidewalks.
How Common Are Bicycle Accidents in Washington, D.C.?
Unfortunately, bicycle accidents are a common occurrence in Washington, D.C., with fatalities increasing over the past decade. For every million D.C. residents in a recent four-year span, there were 2.9 fatal bicycle crashes – a 141 percent increase from the prior four years. This is also higher than the national average of 2.7, with D.C. ranking 35th among U.S. cities with the highest rate of bicyclist fatalities.
Increased bicycle use during the COVID-19 pandemic left D.C. and many other cities scrambling to accommodate and keep bicycle riders safe through new safety measures and bike lanes. Yet more use has resulted in more accidents.
What Injuries Can Happen in a Washington, D.C. Bicycle Accident?
Although wearing a bike helmet can guard against catastrophic and potentially life-threatening head injuries, the possibility of sustaining head and neck injuries in a bike accident remains. Other common injuries that can occur in bike accidents include:
- Spinal cord injuries
- Road rash
- Fractures
- Facial disfigurement
Can Not Wearing a Helmet Affect a Bicycle Injury Claim?
Washington, D.C. law states that not wearing a helmet will not be considered evidence of negligence for a victim under 16 years old. The failure to wear a helmet cannot be introduced as evidence in any civil trial. It also cannot be used to reduce the compensation an injured minor bicyclist could obtain in a personal injury claim.
While cyclists over the age of 16 are not protected under this statute, there are other laws that can protect their rights to pursue the compensation they are owed – even if they weren’t wearing a helmet.
How Does Washington, D.C.’s Contributory Negligence Statute Apply to Bicycle Accidents?
Washington, D.C. follows a contributory negligence doctrine in most personal injury cases. This means that a victim who is found even 1 percent at fault for their injuries cannot recover any compensation.
However, this is not true for bicycle accidents. Under Washington, D.C. law, a bicyclist’s negligence in a collision with a motor vehicle does not prevent their full recovery in a lawsuit as long as they are less than 50 percent to blame.
Because issues of fault can be complex, it is crucial to hire an experienced personal injury lawyer to help you pursue your claim for compensation. They can investigate to dig up all available evidence to prove that the other party was at fault for the crash.
How Long Do You Have to Bring an Injury Lawsuit Against the Person Who Hit You?
If you are injured in a bike accident, you have three years from the date of the accident to file a lawsuit against the driver that hit you. Although this may seem like a long time, three years can pass quickly. And while the time is passing, critical evidence could be lost, damaged, or destroyed.
Contact an experienced bike accident lawyer as soon as possible after your crash. Your attorney can start building your case shortly after the accident when critical evidence, such as eyewitness testimony or roadway conditions at the accident scene, is readily available.
If you fail to file your lawsuit within the three-year time frame, you may be barred from seeking compensation in court. When you engage an attorney to work on your case, you can rest assured they will negotiate with the at-fault party’s insurer for the best possible settlement for you. If the insurer won’t offer an appropriate amount of money to settle your bicycle accident claim, your lawyer will file your lawsuit in a timely manner to preserve your right to take your claim to court.
Contact a Washington, D.C. Bicycle Accident Lawyer
If you were hurt in a bicycle crash that was someone else’s fault, you could be entitled to compensation for the harm you suffered. A D.C. bicycle accident attorney from Marks & Harrison can help you demand the compensation you need for unexpected medical bills, lost wages, and pain and suffering. Because we offer free consultations, you do not have to worry about any initial costs to speak to an experienced personal injury lawyer. Call us today to get started with your case.
