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Last updated October 24, 2026

The DC, Maryland & Virginia Bicycle Injury Guide

This guide is for cyclists hurt by drivers, car doors, and road hazards in Washington, D.C., Maryland, and Virginia. One rule decides most bike cases here: D.C. protects cyclists from the all-or-nothing contributory negligence bar, while Maryland and Virginia still apply it, so where the crash happened can matter as much as how.

If you were just hit on your bike

  • Call 911 and get a police report. Ask which agency is responding (the Metropolitan Police Department, a county police department, U.S. Park Police on federal parkways and trails) and get the report number before you leave.
  • Get the driver's name, insurer, and plate, and the names and phone numbers of anyone who saw it. Independent witnesses often decide bike cases.
  • Photograph everything: the car, the door or the turn, the bike lane, the road surface, your bike, your helmet, and your injuries.
  • Keep the bike, helmet, and clothing exactly as they are. Do not repair or throw anything away.
  • Save your ride data from Strava, Garmin, or a bike camera before it is overwritten.
  • Get medical care the same day, even if you feel fine. Head and wrist injuries often show up later.
  • Do not give a recorded statement to the driver's insurer until you know which fault rule applies to you.

Key points

  • In D.C., a cyclist's own negligence does not bar recovery unless it was a proximate cause of the injury and greater than the combined negligence of all the defendants (D.C. Code § 50-2204.52(a)).
  • In Maryland and Virginia, contributory negligence still applies, so any fault the insurer can pin on the rider can end the claim unless an exception such as last clear chance applies.
  • Drivers in all three jurisdictions must give cyclists at least three feet when passing, and opening a car door into traffic when it is not reasonably safe violates the rules of the road in each.
  • Your own auto policy can pay even though you were on a bike: Maryland PIP, Virginia MedPay, and uninsured and underinsured motorist coverage can all apply to cyclists.
  • Deadlines are short: three years to sue in D.C. and Maryland, two years in Virginia, and government claims can require written notice in as little as six months.

Which rule decides most bike cases in the DMV?

Contributory negligence decides most of them. In Maryland and Virginia, a cyclist whose own negligence contributed to the crash can be barred from recovering anything, subject to exceptions such as last clear chance (Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013); Coutlakis v. CSX Transportation, Inc., 293 Va. 212 (2017)). That is why the driver's insurer will ask about your lane position, your lights, your speed, and whether you ran a light.

D.C. is different. Since the Motor Vehicle Collision Recovery Act, a pedestrian or "vulnerable user," which includes a person on a bicycle, e-bike, scooter, or similar device, is not barred by their own negligence in a collision with a motor vehicle unless that negligence was a proximate cause of the injury and greater than the combined negligence of the defendants (D.C. Code §§ 50-2204.51(13), 50-2204.52). A crash in Georgetown and the same crash a mile away in Rosslyn can come out completely differently. The fault rules chapter explains how each rule works and how insurers argue it.

The chapters

1. The first 72 hours after a bike crashPolice reports, the bike and helmet as evidence, ride data, medical care 2. Fault rules for cyclistsD.C.'s vulnerable-user law, contributory negligence, last clear chance 3. Dooring, unsafe passing, and bike lanesThe three-foot rule, door laws, and bike-lane rules in each jurisdiction 4. Who pays when a cyclist is hurtThe driver's insurance, your own PIP, MedPay, and UM/UIM 5. Potholes, trails, and government claimsNotice deadlines for D.C., Maryland, Virginia, and federal trails 6. Capital Bikeshare, group rides, and waiversRental terms, arbitration, and when a signed waiver holds up 7. Injuries and what a bike case is worthHead injuries, fractures, scarring, helmets, and Maryland's cap

How we handle bike cases

We start with the question that decides the case: which jurisdiction's law applies, and what the insurer will say you did wrong. Then we build the answer from the record: the police report and any citation, the independent witnesses, the camera footage, the road layout, and the physical evidence on the bike and the car. When the driver's insurance is too small for the injuries, we look to every policy in your household.

$515,000

Cyclist hit by a driver who made an illegal turn across two lanes. The at-fault driver carried $25,000; the rest came from our client's own coverage.

Results depend on the facts of each case and do not guarantee or predict a similar result in any future case. Amounts are gross recoveries before attorney's fees, case expenses, and medical liens.

Frequently asked questions

Can a cyclist recover in D.C. if they were partly at fault?

Usually yes. In D.C., a cyclist's own negligence does not bar recovery against a driver unless it was a proximate cause of the injury and greater than the combined negligence of all the defendants (D.C. Code § 50-2204.52(a)). Maryland and Virginia still apply contributory negligence.

Does contributory negligence apply to cyclists in Maryland and Virginia?

Yes. In both states, a rider whose own negligence contributed to the crash can be barred from recovering, subject to exceptions such as last clear chance (Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013); Coutlakis v. CSX Transportation, Inc., 293 Va. 212 (2017)).

How much room must a driver give a cyclist in the DMV?

At least three feet. D.C. requires a safe distance of no less than 3 feet (18 DCMR § 2202.10), Maryland requires at least 3 feet with limited exceptions (Md. Code, Transp. § 21-1209(a)(2)), and Virginia requires at least three feet and a lane change if the lane is too narrow (Va. Code § 46.2-839).

Will my own car insurance cover me if I was hit on my bike?

It may. Maryland PIP covers the policyholder and household family members in any motor vehicle accident, Virginia MedPay covers insureds struck by a motor vehicle while not in one, and uninsured and underinsured motorist coverage can apply to cyclists. The policy terms control, so have every household policy reviewed.

How long do I have to file a bike injury lawsuit?

Three years in D.C. and Maryland and two years in Virginia for most injury claims (D.C. Code § 12-301(8); Md. Code, Cts. & Jud. Proc. § 5-101; Va. Code § 8.01-243(A)). Claims against a government can require written notice much sooner, as little as six months.

Talk to a DMV injury lawyer today

Virginia allows only two years to sue, and a claim against a D.C. or Virginia government can require written notice within six months of the crash. Call us before you talk to the driver's insurer, so the fault rule that applies to you is working for you.

Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007

Call (202) 524-0123 or request a free consultation. No fee unless we win your injury case.

More than $32 million recovered.

Plus more than $22 million in other assets.

Across more than 250 matters, in the District of Columbia, Maryland, and Virginia.

See the results →

These case results are examples of matters handled by Posey Lebowitz PLLC. The outcome of any case depends on the specific facts and legal circumstances of that case. These results do not guarantee or predict a similar result in any future matter. Amounts shown are gross recoveries before attorney's fees, case expenses, and medical liens. Asset values are stated as of 2026 and will change.

Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.