Bicycle and Scooter Lawyers DC, MD, VA

The insurer's first move is to blame the rider.

Every carrier runs the same playbook against anyone on two wheels. You were not in the bike lane. You did not have a light. You were going too fast. You should have anticipated the turn. In Maryland and Virginia, which still apply contributory negligence to riders, that playbook is not just noise: if any of it lands, the claim is over. D.C. is different, as explained below.

We answer it with the record: the citation the driver received, the independent witness, and the roadway geometry.

Two results

$515,000. Cyclist hit by a driver who made an illegal turn across two lanes. The at-fault driver carried $25,000 in coverage. We built the rest of the recovery from our own client's underinsured coverage and litigated the insurer's coverage defenses to get it.

$500,000. Skateboarder struck by a driver making an illegal U-turn across a double yellow line. Fractured pelvis and femur, surgery the next day, and a second operation months later to remove the hardware. Resolved before suit.

The rules for riders in D.C., Maryland, and Virginia

In D.C., a cyclist's or scooter rider'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 have no such rule.

D.C. The vulnerable-user rule covers people using a bicycle, electric mobility device, non-motorized scooter, skateboard, personal mobility device, motorized bicycle, motorcycle, or similar device (D.C. Code § 50-2204.51(13)). It also preserves the last clear chance doctrine (§ 50-2204.52(b)(1)). For an injured rider in D.C., the insurer's blame-the-rider playbook usually has to prove you were more at fault than the driver, not merely a little at fault.
Maryland. Contributory negligence still bars recovery if the rider's negligence contributed to the injury, subject to exceptions such as last clear chance (Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013)). Drivers must use due care to avoid colliding with a bicycle, EPAMD, or motor scooter, must pass at least three feet away in most circumstances, and must yield to a rider lawfully in a bike lane or shoulder before entering or crossing it (Md. Code, Transp. § 21-1209(a), (d)(1)).
Virginia. Contributory negligence also applies, with last clear chance available only on specific showings (Coutlakis v. CSX Transportation, Inc., 293 Va. 212 (2017)). A driver overtaking a bicycle, e-bike, EPAMD, or moped must pass at least three feet to the left, and must change lanes if the lane is too narrow to do that (Va. Code § 46.2-839). Virginia also allows only two years to sue (Va. Code § 8.01-243(A)).

When the driver's insurance is too small, as in the $515,000 case above, your own underinsured coverage may make up the difference. See uninsured and underinsured motorist claims. For a rider on foot at the time, or a crash in a crosswalk, see pedestrian accidents and our Maryland and Virginia pedestrian pages. Motorcycle riders should see motorcycle crashes.

Frequently asked questions

Can I recover in D.C. if I was partly at fault for a bike or scooter crash?

Usually yes. In D.C., a cyclist's or scooter rider'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)). That is very different from the all-or-nothing rule in Maryland and Virginia.

Who counts as a vulnerable user under D.C. law?

A person using a bicycle, electric mobility device, non-motorized scooter, skateboard, personal mobility device, motorized bicycle, motorcycle, all-terrain vehicle, dirt bike, or similar device (D.C. Code § 50-2204.51(13)). Pedestrians receive the same protection under the same statute.

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)). That is why insurers focus on lane position, lights, and speed.

How much room must a driver give a cyclist?

At least three feet in Maryland and Virginia. Maryland requires passing at no less than three feet in most circumstances (Md. Code, Transp. § 21-1209(a)(2)), and Virginia requires passing at least three feet to the left and changing lanes if the lane is too narrow (Va. Code § 46.2-839).

The driver who hit me has only minimum insurance. What now?

Look to your own policy. Your underinsured motorist coverage, or a household member's, may cover the difference between the driver's limits and your losses, even though you were on a bike and not in a car. Coverage terms vary, so have the policies reviewed before you accept the driver's limits.

Talk to a DMV injury lawyer today

Which jurisdiction's fault rule applies can decide a rider's case, and Virginia allows only two years to sue. Call us before you speak with the driver's insurer.

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.