New Law Will Help Cyclists Get Accident Benefits

A bill was signed into law last week that could be very significant for the exploding number of bicycle commuters and weekend riders on Georgetown’s heavily trafficked narrow streets and byways. Titled “The Motor Vehicle Collision Recovery Act of 2016,” it gives bicyclists “a fair shot to get some insurance money for medical or personal costs due to an accident in which they do not have major fault,” according to Greg Billing, executive director of Washington Area Bicycle Advocates.
“Until now, if a bicyclist could be found to have even one-percent fault for an accident, that bit of negligence could be and often has been found by insurance companies as grounds to completely deny accident benefits,” Billing said. With the new law, if the bicyclist is found to be the less negligent party, he or she may be eligible for up to 100 percent of the insurance benefits.
Determining the percentage of negligence in an accident can be complicated. It can go to court. But usually it is negotiated between the insurance companies, Billings explained. Now the cyclist or a pedestrian can get insurance even if he or she is found to be partially at fault for the accident. Common examples may be that the cyclist is wearing dark clothing on a dark night and his or her bike lights are dim; or that (very common) the cyclist is driving close to parked cars to avoid riding in the middle of a traffic lane, then is hit by a car door being opened or when a car is leaving a parking spot. The accident may be partially the fault of the cyclist, but more fault is usually assigned to the driver of the motor vehicle (which is seen as more lethal).

Other situations in which cyclists are judged to be slightly negligent or not at all may be surprising. For instance, “it is 100-percent legal for a cyclist to drive in the middle of a car lane, even if he or she is greatly slowing traffic,” Billings said. Similarly, unlike for automobile drivers, it is legal for bikers or pedestrians to be in traffic wearing earphones or talking on a cell phone.
However, if a cyclist causes an accident by failing to stop at a red light, it is considered serious negligence, which could disallow insurance benefits.
“We try to teach drivers, bikers and pedestrians all to behave with attention and responsibility,” Billing said of his organization. “We really want to avoid accidents.”