Silver Spring Bicycle Accident Lawyers

Bicycling is a great way to get around, but it can also be dangerous. In Maryland, bicycles are recognized as non-motorized vehicles, which puts them in a different category than cars, trucks, and motorcycles. This classification means that cyclists have specific rights and responsibilities, much like pedestrians. Unfortunately, when a bicycle and a car collide, the cyclist usually suffers the most severe injuries, sometimes even fatalities.

If you’ve been involved in a bicycle accident, it’s essential to understand your rights and the steps you should take to protect yourself. The personal injury attorneys at DuBoff & Associates are here to help you navigate Maryland’s bike laws and ensure that you receive the compensation you deserve.

Why Choose DuBoff & Associates for Your Bicycle Accident Claim

At DuBoff & Associates, we understand the challenges that come with being involved in a bicycle accident. Our team is dedicated to providing compassionate yet assertive legal representation to help you get full and fair compensation. Here’s why you should choose us:

• Extensive Experience: With decades of experience handling bicycle accident cases in Maryland, we have the knowledge and skills needed to achieve the best possible outcome for our clients.
• Personal Attention: Our bike accident attorneys take the time to understand the needs and circumstances of each client. We believe in providing personalized attention and tailored legal strategies to everyone who comes to us for help.
• Proven Track Record: Our experienced attorneys have a proven track record of success in securing favorable settlements and verdicts for our clients. We are committed to fighting for the maximum compensation you are entitled to.
• No Fees Unless We Win: We work on a contingency fee basis, which means you don’t pay any attorney fees unless we win your case. This lets you focus on your recovery without worrying about upfront legal costs.

If you’ve been involved in a bicycle crash, don’t wait to seek legal help. The sooner you contact us, the sooner our bicycle accident lawyers can start working on your case.

Maryland Bike Safety Laws- an Overview

Maryland has specific laws in place to protect cyclists and promote safe riding practices. Knowing these traffic laws can help you avoid accidents and ensure that your rights are protected if you’re involved in a crash.

• Helmet Requirements: Maryland law requires all cyclists to wear a helmet when riding on roads, highways, bicycle paths, or public property. Wearing a helmet is one of the best ways to reduce the risk of head injuries in an accident.
• Protection from Harm: It’s illegal for anyone to do something that would cause harm to a cyclist while they are on the road. For example, throwing an object at a bicycle rider or opening a car door with the intent to hit or interfere with them is against the law. This law is designed to protect cyclists from intentional harm and reckless behavior by others on the road.
• Riding on the Sidewalk: Generally speaking, Maryland law prohibits riding a bicycle on the sidewalk. However, some local ordinances allow it, particularly in areas where there are no designated bike lanes. In places where sidewalk-riding is permitted, cyclists can also use crosswalks. For example, Montgomery County allows cyclists to ride on sidewalks if there are no bike lanes, but cyclists must yield to pedestrians.
• Riding on the Right Side of the Road: When riding slower than the flow of traffic, cyclists are required to ride on the right side of the roadway, as close to the edge as is safe and practical. There are exceptions to this rule, such as when making a left turn, avoiding road hazards, or when the right lane is designated as a turn lane.

Common Causes of Bicycle Accidents in Silver Spring

Bicycle accidents can happen for many reasons, and often, they are entirely preventable. Understanding these causes can help you stay safer on the road and recognize when another party may be at fault for an accident.

• Driver Inattention: Driver inattention is one of the most common causes of bicycle accidents. With the widespread use of smartphones, distracted driving has become a huge problem. Drivers who are texting, talking on the phone, or not paying attention to the road are more likely to collide with cyclists. These accidents can be severe because the distracted driver often doesn’t see the cyclist until it’s too late.
• Drunk Driving: Drunk driving is another major cause of bike crashes. Drivers who are under the influence of alcohol or drugs have impaired judgment and slower reaction times, making it more likely they will swerve into a cyclist or crash head-on. These accidents are often devastating, leading to serious injuries or even death for the cyclist.
• Defective Bicycles or Bike Parts: In some cases, the bicycle or its parts can contribute to an accident. If your bike’s brakes fail or another critical component malfunctions, it can cause you to lose control and crash. When this happens, the manufacturer of the bicycle or the defective parts may be held responsible for the accident.
• Biking at Night: Riding your bike at night can be particularly dangerous, as most bicycle fatalities occur between 6:00 p.m. and 6:00 a.m. Riding during these hours, especially during rush hour or in poorly lit areas, increases your risk of being hit by a car. While riding at night doesn’t mean you’re at fault if an accident happens, it’s important to take extra precautions, like using lights and reflective gear, to make yourself more visible.

Common Bike Accident Injuries

Bicycles offer little protection in a crash, so when accidents happen, the injuries can be severe. Here are some of the most common injuries cyclists suffer:

• Head and Neck Injuries
• Traumatic Brain Injury
• Spinal Cord Injuries
• Broken Bones
• Joint Dislocations
• Nerve Damage
• Fractured Clavicle
• Facial Injuries
• Paralysis
• Dental Injuries

All of these bicycle injuries can leave you with high medical bills and an inability to work, but an experienced Silver Spring bicycle accident attorney at our law firm can help you secure the financial compensation you need to move forward.

What to Do After a Bicycle Accident

If you’ve been involved in a bicycle accident, taking the right steps immediately afterward can increase your chances of recovering maximum compensation. Here’s what you should do:

• Stay Calm: Accidents are stressful, but staying calm will help you think clearly and make better decisions.
• Avoid Discussing the Accident: Don’t discuss the bike accident with the other driver. Saying something like “I’m fine” can be used against you later to downplay your injuries. Instead, say as little as possible until you’ve spoken with an attorney.
• Wait for the Police: It’s important to wait for the police to arrive so they can document the accident and create an official report. Make sure your version of events is included in the accident report.
• Collect Information: Get the contact information for the driver and any witnesses. Document what happened in as much detail as possible and keep it for your records.
• Seek Medical Treatment: Even if your injuries seem minor, it’s essential to see a doctor as soon as possible. Some injuries may not be immediately apparent, and having a medical record will be crucial for your personal injury claim.
• Preserve Physical Evidence: Save your bike, clothing, helmet, and any other gear in the exact state they were in after the accident. Don’t wash your clothes or try to repair your bike. Take pictures of all your damaged gear.
• Contact a Bicycle Accident Attorney: Having an experienced lawyer can make all the difference in your case. We can help you file your personal injury lawsuit, negotiate settlements, and make a compelling argument for fair compensation.

Who Pays Your Bills After a Bicycle Accident in Maryland?

After a bicycle accident in Silver Spring, figuring out who is responsible for compensating you can be confusing. Multiple negligent parties might be liable for covering your hospital bills, medical care expenses, lost wages, and other expenses, depending on the circumstances of the accident. Here’s a breakdown of potential at-fault parties:

• The At-Fault Driver: If a driver’s negligence caused the motor vehicle accident, they are usually responsible for compensating you. This includes covering your medical expenses, lost wages, pain and suffering, and any property damage. The driver’s auto insurance is typically the source of this compensation. In Maryland, drivers are required to carry liability insurance, which should cover your damages if they are at fault.
• The Bicycle Manufacturer: If your accident was caused by a defect in your bicycle, such as faulty brakes, a cracked frame, or defective tires, the bicycle manufacturer could be held responsible. In these cases, you may be able to file a product liability claim against the manufacturer. The key is proving that the defect directly caused the accident and your catastrophic injuries.
• A Government Agency: In some cases, unsafe road conditions might have contributed to your accident. If you crashed due to a poorly maintained road, lack of proper signage, or a dangerous pothole, the government agency responsible for maintaining that road could be liable.
• Another Cyclist or Pedestrian: Although less common, there are situations where another cyclist or pedestrian might be responsible for your accident. For instance, if another bike rider collided with you because they were riding recklessly or a pedestrian suddenly stepped into your path without looking, they might be liable for your injuries.

Filing a Claim for Damages After a Bicycle Accident

If you’re involved in a bicycle accident in Silver Spring, filing a claim for damages can help you recover compensation for your physical injuries and other losses. Depending on the circumstances, you may be able to sue for:

• Medical Expenses: You can recover the costs of your medical treatment, including emergency care, hospital stays, surgeries, diagnostic tests, and follow-up visits. This also covers ongoing needs such as physical therapy, prescription medications, and medical equipment like crutches or wheelchairs. If your injuries require long-term care or future treatments, those costs may also be included in your claim.
• Lost Wages: If your injuries force you to miss work, you may be compensated for the income you lost during your recovery. This includes wages, bonuses, and any other earnings you would have received. If your injuries permanently affect your ability to work or reduce your earning capacity, you may also pursue compensation for future lost income.
• Pain and Suffering: This category compensates for the physical pain and emotional distress caused by the accident. It takes into account how the injuries have impacted your life, such as chronic pain, loss of enjoyment in daily activities, anxiety, depression, or other psychological effects. Pain and suffering awards vary based on the severity of your injuries and their long-term consequences.
• Property Damage: If your bicycle or personal items were damaged in the accident, you can recover the cost of repairs or replacement. This includes not only your bike but also items like your helmet, clothing, or electronic devices that were destroyed or damaged during the crash.
• Wrongful Death: (if applicable) If a loved one lost their life in a bicycle accident, family members may seek compensation through a wrongful death claim. This can include funeral and burial expenses, loss of financial support the deceased would have provided, and compensation for the emotional toll of losing a loved one. It may also cover the loss of companionship or guidance the deceased would have offered to their family.

Several factors will be considered when determining your settlement amount:

• Liability: The first step in filing a bike accident claim is determining who was at fault for the accident. If the driver or another party is found liable, they can be held responsible for your damages.
• Negligence: In some cases, your actions as a bike rider may be scrutinized to see if they contributed to the accident. However, Maryland follows a strict contributory negligence rule, meaning that if you are found even slightly at fault, you may be barred from recovering any compensation. This makes it essential to have a skilled attorney on your side to argue your case.
• Damages: Investigators will review police reports, medical reports, witness statements, and other documentation to assess the extent of your injuries and losses. Damages you can claim include medical attention expenses, lost wages, physical pain, mental suffering, emotional distress, lost earning capacity, property damage, and compensation for any permanent injuries.

What Happens if I’m Partly Responsible for My Bicycle Accident?

In Maryland, if you’re even slightly responsible for a bicycle accident, you can’t recover compensation because of the state’s contributory negligence rule. This means that being just 1% at fault could prevent you from pursuing damages.

Insurance companies know this rule well and often try to assign you more blame than you deserve to avoid paying out. That’s why having an experienced attorney on your side is so important. They can review the evidence, push back against unfair fault claims, and work to ensure your case is presented clearly. The goal is to protect your rights and help you secure the compensation you deserve.

How Long Do I Have to File a Bicycle Accident Claim in Maryland?

In Maryland, you generally have three years from the date of your bicycle accident to file a personal injury lawsuit. This time limit is set by the state’s statute of limitations. If you fail to file your claim within this period, you may lose your right to pursue compensation for your injuries and other damages.

It’s important to act quickly, as evidence can be lost, and witnesses may forget key details over time. Some cases, such as those involving claims against a government agency for unsafe road conditions, may have shorter deadlines. In these situations, you might need to file a notice of claim within one year or less, depending on the agency involved.

Consulting with an experienced attorney as soon as possible can help ensure all deadlines are met and your case is handled properly. This allows your lawyer to gather critical evidence, interview witnesses, and build a strong claim for the compensation you deserve.

Will I Have to Go to Court?

In most bicycle accident cases, you won’t have to go to court. The majority of personal injury claims are resolved through settlements with the at-fault party’s insurance company. Your attorney will negotiate on your behalf to secure fair compensation for your medical expenses, lost wages, pain, and other damages.

However, if the insurance company refuses to offer a reasonable settlement or disputes liability, your case may proceed to trial. In this situation, going to court could be necessary to fight for the compensation you’re entitled to.

If a trial becomes necessary, your attorney will prepare you for each step of the process, from depositions to courtroom appearances. Their goal is to build a compelling case, advocate on your behalf, and make the process as smooth as possible.

How Much Does It Cost to Hire a Bicycle Accident Lawyer?

Hiring a bicycle accident lawyer doesn’t have to add financial stress, especially when you’re recovering from injuries. At DuBoff & Associates, we work on a **contingency fee basis**, meaning you don’t pay any attorney fees upfront. Instead, our payment comes as a percentage of the compensation we recover for you. If we don’t win your case, you owe us nothing.

This arrangement allows you to focus on your recovery without worrying about legal costs. It also ensures that we’re motivated to fight for the maximum compensation you deserve. During your free consultation, we’ll explain how the contingency fee works and answer any questions about costs or the legal process.

Questions? Get a Free Consultation From a Silver Spring Bicycle Accident Attorney

Bike crashes can have devastating consequences, but a skilled Silver Spring personal injury lawyer can help you secure the compensation you need to move forward. Whether it’s negotiating with insurance companies, filing a lawsuit, or representing you in court, DuBoff & Associates is here to support you as your case unfolds. Contact us today for a free initial consultation and take the first step toward your physical and financial recovery.