Contributory negligence is an important legal concept that can affect the outcome of pedestrian accident cases and other personal injury claims in Washington DC. In simple terms, this law can prevent a victim from recovering full compensation if they bear some responsibility for their injuries.
For pedestrians who have been hit by a car, understanding contributory negligence is crucial when seeking justice and full and fair compensation through a personal injury lawsuit. It will be important to consult an experienced personal injury lawyer to understand how the law may apply to your pedestrian accident case and learn more about your rights and options.
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 pure contributory negligence rule. Many other jurisdictions follow a comparative negligence, or modified comparative negligence, rule.
Under the contributory negligence standard, if a person is found to be even 1 percent responsible for an accident, they can be barred from receiving any compensation. Fortunately, a recent change to the law relaxed the standard for pedestrian accidents, and pedestrians may now pursue compensation as long as they bear less responsibility than other parties.
While contributory negligence seems harsh, there are exceptions. One of the most important exceptions is the last clear chance doctrine. This rule allows pedestrians to seek compensation if they can prove the driver had the last clear chance to avoid the accident but failed to take action. As an example, if a pedestrian was jaywalking but was clearly visible, and the driver had ample time to stop but didn’t, the pedestrian might still recover compensation under this doctrine.
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 to keep traffic flowing safely. If they don’t follow these rules and get hit by a car, they might share responsibility for the accident, which could affect their ability to recover compensation.
- Distracted walking — Looking down at a phone, texting, or listening to loud music while walking can be just as risky as distracted driving. A pedestrian who steps into traffic without looking because they’re focused on their screen might not see an oncoming car, putting themselves in grave danger. If an accident happens, this kind of distraction could be used against them when determining 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 collision.
- Walking in restricted areas — Some roads, like highways and interstates, are off-limits to pedestrians for a reason. Walking in these areas is illegal and extremely dangerous, as 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 actions can significantly impact a pedestrian’s ability to seek compensation after an accident.
What Is the Last Clear Chance Doctrine?
The last clear chance doctrine is an exception to Washington DC’s contributory negligence law. An insurance company may rely on this legal doctrine to avoid making a fair settlement offer.
This legal principle states that even if a pedestrian was partially at fault for an accident, or contributorily negligent, they may still recover compensation if the driver had the last clear opportunity to avoid the accident but failed to act. This doctrine gives motor vehicle drivers the additional responsibility to remain alert and take necessary actions to prevent a collision when they have the chance.
For example, if a pedestrian crosses into the street unlawfully, but the driver had plenty of time to stop or swerve and didn’t, the pedestrian may still have a case, even though their negligence contributed to the crash, or they bear partial responsibility. Proving the last clear chance doctrine requires gathering evidence to challenge the at-fault party, which is why working with a qualified personal injury attorney will be crucial as you move forward.
What Should You Do After a DC Pedestrian Accident?
Being harmed in an auto accident as a pedestrian can leave you feeling overwhelmed. However, the steps you take after an accident can impact your ability to protect your legal rights. Here’s what to do in the hours, days, and months after the crash.
- Immediately after the accident — If you’re hurt, try to stay still and wait for help. Call 911 for medical assistance and report the accident to the police. If you can’t, 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 scene, including the car that hit you, traffic signals, and your injuries. Even if you feel okay, see a doctor right away, as some injuries take time to appear.
- In the days or weeks after the accident — Seek medical attention. Follow your doctor’s instructions and keep records of medical visits, prescriptions, and how you feel each day. Avoid posting 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. Your attorney can work on building your case and negotiating for the compensation you deserve.
A pedestrian accident attorney in Washington DC can provide valuable assistance through your entire claim, including helping you to collect evidence such as photos and surveillance camera video footage (showing, for instance, that you crossed the street in a marked crosswalk, or the motor vehicle driver ignored traffic signals), police reports, medical bills, and other evidence showing the extent of your injuries.
In addition to gathering compelling evidence, the experienced attorneys at Marks & Harrison can handle settlement negotiations with insurance companies on your behalf. We understand the intricacies of liability in pedestrian accidents and know how to counter arguments of contributory negligence. Our goal will be to recover maximum financial compensation for you, including compensation for your medical expenses, lost wages, pain and suffering, emotional distress, and more.
Contact a Washington DC Pedestrian Accident Lawyer
If you or someone you know has been involved in a pedestrian accident involving a contributory negligence defense in Washington DC, seek legal help right away from an experienced personal injury attorney. DC’s contributory negligence laws make having experienced legal representation on your side crucial to present an effective argument that you should not be found contributorily negligent.
At Marks & Harrison, our team has fought for injury victims since 1911. With over a century of experience, we have 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 members, all working together to build strong cases for our clients. We also have lawyers who previously worked for insurance companies, giving us insight into how they handle claims.
Our law firm serves clients in Virginia, Maryland, and Washington DC, and we have helped recover millions for accident victims. If you need legal guidance, a pedestrian accident lawyer can help you discover your options and seek maximum compensation. Contact us today to get started with a free consultation.
