Contributory negligence is an important legal concept that can prevent a victim from recovering compensation if they bear any responsibility for their own injuries. However, Washington DC law allows pedestrians and other vulnerable road users to seek compensation if they are less than 51 percent at fault for a traffic accident.
For pedestrians who have been hit by a car in DC, having an experienced DC pedestrian accident attorney who understands the exception to the contributory negligence rule is crucial when seeking compensation through a pedestrian accident claim.
Contact Marks & Harrison today for a free consultation. One of our knowledgeable personal injury lawyers can review your accident and discuss whether you are entitled to pursue a pedestrian accident lawsuit and demand fair compensation.
Are There Any Exceptions to Contributory Negligence Law in DC?
Washington DC is one of the few places in the United States that still follows a strict contributory negligence rule. This means if a person is found to be even 1 percent at fault for an accident, they can be barred from receiving any compensation. Fortunately, a recent change to the DC code relaxed the standard for pedestrian accidents. An injured pedestrian may now pursue a pedestrian accident case if he or she bears less responsibility than other parties involved in the accident.
While contributory negligence seems harsh, the Vulnerable Road Users Collision Recovery Act does allow pedestrians, bicyclists and others defined as vulnerable users to recover compensation as long as they are not primarily at fault.
How Could a DC Pedestrian Be at Fault for Their Accident?
Pedestrians can be considered at fault in several ways:
- Jaywalking — Crossing a street outside of a crosswalk or against a traffic signal can be dangerous. In Washington DC, pedestrians must use designated crosswalks. If they don’t follow pedestrian safety rules and get hit by a car, the pedestrian might share responsibility for the accident, which could affect their ability to recover compensation.
- Distracted walking — Looking down at a phone, sending text messages, or listening to loud music while walking can be as risky as distracted driving. A pedestrian who steps off the curb into traffic without looking because they’re focused on their screen might fail to see an oncoming car and put themselves in grave danger of serious injuries. When pedestrian accidents occur, a pedestrian’s distraction could be cited when determining whether the pedestrian was at fault.
- Ignoring traffic signals — Traffic signals exist to keep everyone safe, including pedestrians. If someone crosses the street when the “don’t walk” sign is on, they could be at fault for any accident that occurs. Even if they assume they have enough time to make it across, drivers might not expect them to be there, leading to a pedestrian collision.
- Walking in restricted areas – Some roads, like highways and interstates, are off-limits to pedestrians for a reason. Walking in these areas is extremely dangerous. Drivers aren’t expecting to see people on foot. If a pedestrian gets hit in one of these restricted zones, they could be held responsible for the accident.
These types of risky actions can significantly impact a pedestrian’s ability to seek compensation after a car accident or other motor vehicle accident.
What Is the Last Clear Chance Doctrine?
The last clear chance doctrine allows pedestrians to seek compensation if they can prove the driver had the last clear chance to avoid the accident but didn’t take action. This legal principle states that even if a pedestrian was partially at fault for an accident, they may still recover compensation if the driver had the last clear opportunity to avoid the accident but failed to act.
For example, if a pedestrian stepped into the street unlawfully, but the approaching driver had plenty of time to stop or swerve and didn’t, the pedestrian may still have a pedestrian accident case. Proving the last clear chance doctrine requires strong evidence, which is why working with an attorney is crucial.
What Should You Do After a DC Pedestrian Accident?
Being injured in an auto accident as a pedestrian can leave you feeling overwhelmed. However, the steps you take after any accident can affect your ability to pursue compensation. Here’s what to do in the hours, days, and months after the crash.
- Immediately after the accident — If you’re hurt, call 911 for medical assistance and report the pedestrian accident to the police. If you can’t call, ask someone nearby to call for you. Get contact information from the driver and any witnesses who saw what happened. If possible, take pictures of the accident scene, including the car that hit you, traffic signals, and your injuries. Even if you feel okay and don’t need emergency medical care, see a doctor promptly for a medical evaluation. Some injuries take time to appear.
- In the days or weeks after the accident — Follow your doctor’s instructions and keep medical records of doctor visits, prescriptions, and how you feel each day. Avoid posting comments about the accident on social media. A pedestrian accident attorney can review your case and help you understand your legal options.
- In the months following the accident — Continue medical treatment if needed. Keep track of lost wages and other expenses related to the accident. The records will be useful when determining your losses from the accident and negotiating for the compensation you deserve.
A DC pedestrian accident attorney can provide valuable guidance throughout the recovery process. Our experienced team at Marks & Harrison can negotiate with insurance companies on your behalf. We understand the intricacies of assigning liability in pedestrian accidents and know how to counter arguments of contributory negligence presented by insurance company lawyers.
Contact a Washington DC Pedestrian Accident Lawyer
If you or someone you know has been involved in a pedestrian accident in Washington DC, seek legal help right away. DC’s contributory negligence laws make having experienced legal representation crucial.
At Marks & Harrison, our team has stood up for injury victims since 1911. Our law firm has handled some of the largest personal injury cases in Virginia history. Our firm includes 30 dedicated personal injury attorneys, in-house investigators, research attorneys, and over 100 support staff, all working together to build strong cases for our clients.
We have helped pedestrian accident victims in the DC metro area secure fair compensation after serious injuries. If you need legal guidance, Marks & Harrison is ready to help. Contact us today to get started with a discussion of your options.
