Cycling offers numerous benefits—from reducing carbon emissions to improving personal health—but it also comes with risks, especially when sharing the road with cars and trucks. In Virginia and Washington, D.C., bicycle accidents are unfortunately all too common. If you’ve been injured in a crash, understanding who’s at fault and what legal rights you have is critical.
Common Causes of Bike Accidents
While every accident is unique, certain causes appear frequently in cases we see at Hilton and Somer:
- Driver Inattention or Distracted Driving:
Motorists who are texting, talking on the phone, or simply not paying attention often fail to see cyclists, especially at intersections or when making turns. In Virginia, distracted driving is a major safety concern, prompting the enactment of handheld cellphone bans in 2021. - “Dooring” Incidents:
Dooring occurs when a driver or passenger opens a car door into the path of an oncoming cyclist. Under Virginia Code § 46.2-818.1, it’s illegal to open a vehicle door on the traffic side unless it’s safe to do so. These cases often result in serious injuries due to the sudden nature of the collision. - Failure to Yield the Right-of-Way:
Drivers often underestimate cyclists’ right to the road. Whether it’s during a left-hand turn or at a stop sign, failing to yield is a frequent cause of collisions. D.C. law, for instance, explicitly states that bicyclists have the same rights and responsibilities as motorists. - Unsafe Passing or “Close Passing”:
Virginia law requires drivers to allow at least three feet of clearance when passing a cyclist. Failing to do so not only puts riders at risk but can be used as evidence of negligence in an injury claim.
Determining Fault in Virginia and D.C.
Liability in bicycle accidents depends heavily on the laws of the jurisdiction:
- Virginia:
Virginia follows a pure contributory negligence rule, which means if a cyclist is even 1% at fault, they may be barred from recovering damages. This makes it critical to gather evidence—photos, witness statements, and police reports—to prove the driver was entirely at fault. - Washington, D.C.:
D.C. offers more leniency. Under its modified comparative negligence law, a cyclist can recover damages as long as they are less than 50% at fault, per the D.C. Code § 50–2204.52. This offers greater protection to injured riders compared to Virginia.
Legal Rights and Next Steps
If you’re hurt in a bike accident, you have the right to seek compensation for medical bills, lost wages, and pain and suffering. Acting quickly is essential—both Virginia and D.C. have strict statutes of limitations (usually two to three years) for filing personal injury claims.
Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Personal Injury Attorneys
If you have suffered an injury, don’t go through it alone. Help is available today. Get in touch with the Personal Injury Attorneys at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. Attorneys. You can contact us toll-free at (703) 560-0700.
References:
https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-818.2/
https://code.dccouncil.gov/us/dc/council/code/sections/50-2204.52.html
https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-818.1/
