If a car hits you as a pedestrian on the streets of Washington DC, your first step is to report the crash and seek immediate medical treatment. Once you’ve done that, write down everything you remember, avoid discussing your case on social media, and contact an attorney as soon as possible.
You should also consult an experienced Washington DC pedestrian accident lawyer at Marks & Harrison to learn how our law firm can help you hold the careless driver accountable and seek maximum compensation for your injuries.
What Are Common Causes of Pedestrian Accidents in Washington DC?
Washington DC is a city with a high number of pedestrians and, unfortunately, a high number of pedestrian accidents, injuries, and deaths. Recently reported pedestrian accident statistics show that the region is now twice as deadly for pedestrians as it was only a decade ago.
The following are some of the most common causes of Washington DC pedestrian accidents:
- Drivers failing to yield the right of way, especially in intersections
- Distracted driving
- Drunk or drug-impaired driving
- Drivers running red lights
- Drivers losing control due to mechanical defects or failures
- Pedestrians failing to use the crosswalk.
What Should You Do Immediately Following a DC Pedestrian Accident?
Based on our experience in pedestrian accident cases, we believe you should take these steps to protect your health and your right to recover fair compensation after a DC pedestrian crash:
- Call 911 right away – Report the accident and request medical help.
- Get a medical evaluation – This step can be critical for your health and potential injury claim. Even if you think your injuries are minor, you should receive an assessment. Some conditions appear hours or days later. Early treatment can help mitigate their effects. Documentation of your injuries makes it harder for insurers to contest your claim.
- Do not discuss your case – Avoid making statements about the collision or your injuries on social media.
- Request a copy of the police report for your records – Most insurers require the police crash report to get a baseline account of the crash.
- Contact a DC pedestrian accident lawyer as soon as possible – Your attorney can review the facts and discuss your options for recovering compensation.
What Are the Pedestrian Safety Laws in Washington DC?
Some key safety laws that pedestrians and drivers in DC must follow include:
- Pedestrians have the right of way at both marked and unmarked crosswalks when crossing with the traffic signal or when there is no signal.
- Crosswalk laws require drivers to come to a complete stop and allow pedestrians to finish crossing before moving forward.
- Pedestrians must follow traffic signals and cross only when they have a lit “Walk” sign.
- Pedestrians may not step off the curb into the path of an oncoming vehicle that cannot stop in time to avoid a collision.
- Drivers must yield when turning at intersections and check for pedestrians before proceeding.
- Cars must stop for school buses loading or unloading passengers.
- Traffic laws require pedestrians to use sidewalks when available and walk on the left side of the road facing traffic when no sidewalk exists.
- Drivers and pedestrians must avoid reckless behavior and be attentive to traffic conditions.
Does a Pedestrian Always Have the Right of Way in DC?
Pedestrians do not always have the right of way in Washington DC. They have priority when crossing at crosswalks, whether marked or unmarked, as long as they follow traffic signals. Drivers must stop and allow them to finish crossing before proceeding.
Pedestrians must also follow the law. They cannot enter the street against a “Don’t Walk” signal or step into traffic in a way that makes a collision unavoidable. When sidewalks are available, pedestrians must use them. If none are available, they must walk facing oncoming traffic.
What Are the Most Common Injuries in a Pedestrian Accident?
Washington DC pedestrian accidents commonly cause catastrophic injuries, including:
- Traumatic brain injuries
- Spinal cord injuries, including paralysis
- Internal bleeding
- Internal organ injuries
- Broken bones
- Scarring and disfigurement
- PTSD and other mental health conditions.
What Compensation May Be Available for a Pedestrian Accident Claim?
Your sources of compensation and how much you could recover depend on the specifics of your injuries and other losses. If you have a DC auto insurance policy, you might have optional no-fault coverage to cover your medical expenses and lost income. DC law requires auto insurance companies to offer this coverage, but you aren’t required to buy it.
If you have no-fault coverage, notify your insurer that you intend to use it within 60 days. However, you can seek additional compensation from the driver who hit you if your injuries meet specific thresholds. You can also file a personal injury claim against the other driver if your policy doesn’t include no-fault coverage or don’t want to use it.
In most pedestrian accident cases, you can demand compensation from the other driver for:
- Your current medical bills and future medical expenses
- Your lost wages and reduced earning capacity
- Your pain and suffering
- Your emotional distress
- Your diminished quality of life
- The cost to repair or replace any damaged property, if applicable.
Does DC Have a Time Limit for Filing a Personal Injury Claim?
Under DC law, you typically have three years from the date of a pedestrian injury to file a personal injury lawsuit against the driver or another liable party. Missing this deadline means that, if you eventually file a lawsuit, the court will most likely dismiss your case regardless of its merits.
Having said that, you should contact a pedestrian accident attorney as soon as possible. Acting quickly gives your lawyer more time to collect evidence before it fades and time to build your case without deadline pressures.
What Happens If I Am Partly Responsible for My Pedestrian Accident?
In most Washington DC personal injury cases, the strict contributory negligence rule prevents you from recovering compensation if you share any blame for the accident. However, DC law does not apply this rule to pedestrians and other “vulnerable road users” who suffer serious injuries in accidents. Under this rule, you may still pursue compensation if you were partly at fault, as long as your share of responsibility does not exceed the combined negligence of the driver and any other defendants.
In these circumstances, your compensation is reduced by your percentage of fault. So, if you were found to be 10 percent liable for the crash, you would lose 10 percent of your awarded compensation. This rule is binding in court, but insurance companies apply it during settlement negotiations.
Contact a Washington DC Pedestrian Accident Lawyer
Marks & Harrison has spent over 100 years defending the rights of pedestrian accident victims. We’ve recovered millions of dollars for our clients while providing them with the highest level of personalized service. We have the resources to take on the insurance companies and pursue full and fair compensation on behalf of injured pedestrians. If you believe a driver’s negligence caused you to suffer severe injuries, call now or complete our contact form for a free consultation.
