Car Accident Attorney in Washington DC

Two cars collided in the city highway

Auto accidents are a serious problem in the United States, and recent data shows that the numbers are only getting worse. According to the National Highway Traffic Safety Administration* (NHTSA), there were an estimated 42,915 people killed in auto accidents nationwide in 2021.

This number represents a 10.5% increase from the 38,824 deaths seen in 2020, as well as the highest auto-accident fatality rate seen since 2005.

If you are injured in an auto accident at little to no fault of your own, you should speak to an experienced Washington DC car accident attorney as soon as possible to preserve your right to compensation from the at-fault party.

Since 1911, the car accident lawyers at Marks & Harrison have helped injury victims fight for the full and fair compensation they deserve.

Explore the results we have secured on behalf of our clients here, and do not hesitate to contact us today for a free consultation with a compassionate car accident attorney near you.

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How the Car Accident Attorneys at Marks & Harrison Can Help You After an Accident

After a car accident, you may face severe, life-altering injuries and require extensive medical treatment and rehabilitation. You deserve to be able to focus on your care so you can heal as quickly as possible and get back to everyday life. However, you may also have the right to recover compensation from those at fault for the motor vehicle accident.

Hiring a car accident attorney from Marks & Harrison in Washington, D.C., can help with your recovery by giving you a legal advocate who can pursue the financial recovery you need and deserve while you devote your time and energy to your health.

Let us handle all the details of fighting for your car accident compensation you need by:

  • Investigating the circumstances of the crash to recover critical evidence, such as police accident reports, surveillance and traffic camera footage, accident scene photos and videos, and eyewitness accounts
  • Gathering your medical records to document your injuries and calculating your ongoing and future expenses or needs, including working with medical, vocational, or financial experts as necessary
  • Identifying responsible parties and evaluating your options for recovering compensation, including determining all insurance coverage that may apply to the accident
  • Preparing and filing your insurance and legal claims and handling communications with insurance adjusters, defense attorneys, and other parties in your case
  • Vigorously negotiating for a settlement that provides maximum compensation for your ongoing and future losses
  • Pursuing litigation when necessary to fight for a fair result

What Kinds of Car Accidents Do We Handle?

The majority of auto accidents involve a straightforward collision between two standard passenger vehicles. That said, there are many other kinds of auto accidents as well. In our many decades of helping accident victims secure compensation for their injuries, we have seen them all. Contact our Washington DC car accident lawyer today.

Among other things, our car accident attorneys have the experience and skill to handle:

Leading Causes of Car Accidents in Washington DC

Because each auto accident is different, it is best to avoid generalized discussions of causation. Instead, auto accidents should be evaluated based on the unique circumstances of each case. In many instances, if not most, multiple factors will conspire to give rise to an accident.

Some of the most common factors we see in cases handled by our car accident injury law firm include:

  • Impaired driving
  • Distracted driving
  • Drowsy driving
  • Speeding
  • Aggressive driving and road rage
  • Failure to yield the right of way
  • Ignoring traffic signs and signals
  • Unsafe turns, lane changes, and merges
  • Following too closely
  • Mechanical defects
  • Poor road conditions
  • Inclement weather

No matter the circumstances, our experienced legal team is ready to evaluate your case. The sooner you consult with one of our car accident lawyers, the sooner they can get started investigating your accident and compiling evidence to build a strong claim on your behalf.

How Is Fault Evaluated in a Car Accident?

Establishing fault is the primary hurdle plaintiffs must overcome to secure compensation for injuries sustained in an auto accident at little to no fault of their own. There are several legal concepts that may come into play when evaluating fault for an auto accident. This section explores each in turn.

  • Negligence – Most personal injury claims, including those involving car accidents, will begin by alleging negligence. This legal jargon simply refers to a failure to take precautions that a “person of ordinary prudence” would in a similar circumstance to avoid causing harm to others. Examples of negligence include things like failing to check blind spots before merging or following too closely behind another vehicle.
  • Negligence per se– Normally, proving negligence requires a close and contextualized look at all the facts in each case. However, in cases where the at-fault party caused an accident by violating a law specifically designed to keep everyone safe, the violation itself may serve as automatic evidence of negligence per se. Because there are so many rules designed to keep road users safe (e.g., laws against running red lights, intoxicated driving, and using your cell phone while driving), this legal doctrine comes up frequently in car accident cases.
  • Contributory negligence– This refers to situations in which an injured party seeking compensation was partly at fault for the accident. Unfortunately, DC is one of the few jurisdictions left in the United States that still prohibit injured parties from recovering any compensation when they contributed even slightly to the underlying cause of an accident. Therefore, it is important to have an experienced attorney in your corner who can push back hard when the at-fault party tries to pin the blame on you.

What Damages Can I Recover in a Car Accident Lawsuit?

Once liability is established, injured victims in car accidents may receive a wide variety of legal compensation.

Depending on the case, they may be compensated for both economic and non-economic losses, including things like:

  • Medical bills
  • Lost wages
  • Lowered earning capacity
  • Physical pain and suffering
  • Emotional distress
  • Lowered quality of life
  • Wrongful death
  • Funeral and burial expenses
  • Damaged personal property

What Is the Statute of Limitations for Filing a Car Accident Claim in Washington?

Injured victims normally have three years from the date of a car accident to file a lawsuit seeking compensation from the at-fault party. This deadline is strictly enforced and subject to very few exceptions. Failure to file your case on time will result in your case being dismissed and the destruction of your legal right to seek compensation in civil court.

This result will also have the collateral effect of destroying your leverage in out-of-court settlement negotiations with the at-fault party and their insurers. To avoid the devastating consequences a late filing can have on your case, speak to a car accident attorney as soon as possible after your accident. This is the best way to ensure that your case gets off to a strong start.

Is Washington DC a No-Fault State?

Washington DC uses a modified no-fault system for car insurance claims. In a traditional no-fault system, drivers must first file claims with their personal injury protection (PIP) insurance policies after a car accident, regardless of fault.

You must also follow that process in DC. However, what makes DC’s system “modified” compared to a traditional no-fault system is that drivers must also have liability coverage, which other parties can file claims against under certain circumstances.

What Auto Insurance Do You Need to Have in Washington DC?

In Washington DC, all drivers must have the following minimum amounts of auto insurance:

  • $10,000 in property damage liability coverage
  • $25,000 per person and $50,000 per accident in third-party bodily injury liability coverage
  • $25,000 per person and $50,000 per accident in uninsured motorist bodily injury coverage
  • $5,000 in uninsured motorist property damage coverage with a $200 deductible.

When you purchase the policy, auto insurance companies must offer at least $50,000 in PIP coverage. PIP coverage is optional.

After a car accident, injured parties can opt to use their first-party PIP coverage. The benefit of using this coverage is that you don’t have to prove the other party was responsible for the accident, which makes seeking the compensation you need less challenging.

However, a drawback is that you can seek compensation for only lost wages and medical expenses through a PIP claim, not for pain and suffering or other losses.

If you opt to use your PIP coverage, you can seek additional compensation from the at-fault driver only through a third-party claim against their liability coverage if:

  • Your medical expenses and lost wages exceed your PIP policy limits.
  • You sustained permanent scarring or disfigurement, substantial permanent impairment, or total impairment lasting for more than 180 days.

If you do not choose to use your PIP coverage, you can seek compensation through a third-party claim filed against the at-fault driver’s insurer.

How Can You Prove Fault for a Car Crash in Washington DC?

Proving fault for a collision involves hiring a Washington DC car accident attorney to collect and use various evidence to build a strong case.

Some of the most effective evidence for proving who was at fault in a car crash claim includes the following:

  • Accident scene photographs — Pictures from the accident scene may show the damage to the vehicles, the vehicles’ resting places after the collision, your visible injuries, road and weather conditions, skid marks on the road surface, and relevant traffic signs and signals. Your lawyer can use these photographs to help identify how the crash occurred.
  • Camera footage — Traffic, surveillance, and dashboard cameras may have captured the accident, the events leading up to it, or the events directly following it. When available, camera footage can be compelling evidence because it can show exactly what happened.
  • Eyewitness statements — Eyewitnesses can strengthen your case by corroborating your claims about how the accident occurred or providing additional details you were not aware of that impact your case.
  • Expert testimony — Depending on the complexity of your claim, your lawyer may hire experts to testify on different aspects of the case. For example, they may hire a medical professional to discuss your injuries, a vocational professional to examine their impact on your ability to work, or a crash reconstructionist to determine how the crash occurred.
  • Medical records — Your medical records are crucial for proving the severity and extent of your injuries. In some cases, they can also help establish Specific injuries are more common in different types of crashes, which can indicate how the collision occurred.

Can More Than One Person Be Held Liable for a DC Car Accident?

More than one person can be held liable for a DC car accident, depending on the circumstances of the case. For example, if a car running a red light gets into a T-bone crash with a speeding car, and those vehicles collide with yours, the speeding driver and the driver who ran the light could share liability.

The more parties involved in an accident, the more complex the case is to resolve. Lawyers and insurance companies must determine each party’s degree of liability. For instance, in the above example, the speeding driver may be liable for 30 percent of your compensation, and the other driver may be liable for 70 percent.

Washington DC also has a contributory negligence law that could impact your case. Under this rule, if an individual is found to be even one percent responsible for causing an accident, they cannot recover any compensation for their financial losses or injuries.

How Long Could My Car Accident Take to Settle?

Your car accident claim could take several weeks or several months to settle. The timeline depends on factors specific to your case, such as the severity of your injuries, the number of parties involved, disputes over liability, and whether the insurance companies act in good faith.

If your injuries are severe, you will serve your best interest by waiting to settle your claim until you fully recover or until your injury has reached the point at which further treatment won’t improve your condition. At this point, your doctors and your lawyer will have a solid understanding of the future medical treatment you may need and the costs of that treatment.

The insurance company may get you to settle your case before you know the full extent of your injuries. For this reason, having a lawyer on your side is beneficial. They can handle the insurance company and protect your rights.

What Happens If My Car Accident Lawsuit Goes to Trial?

Most car accident cases settle before going to trial. However, suppose the auto insurance company refuses to settle your case for a fair amount or uses unfair delay tactics to pressure you into settling for less. In that case, litigation may be necessary to seek the compensation you deserve.

Additionally, going to trial may be your only option if the value of your medical expenses, lost wages, and other losses exceeds insurance policy limits.

Your lawyer will file a lawsuit when this situation arises, and your case will proceed to the discovery phase. During this phase, the parties share information so they will fully understand the facts and evidence.

Typically, after discovery, another round of settlement negotiations occurs before the trial begins. If those negotiations don’t result in a settlement, your lawyer can present your case at trial and seek the maximum compensation you deserve.

What Factors Could Affect the Value of My Car Accident Settlement?

The following factors could affect the value of your Washington DC car accident settlement:

  • Injury severity — The more severe your car accident injuries are, the more your settlement will be worth. Catastrophic injuries typically require extensive medical treatment, cause you to miss work, and cause pain and suffering.
  • Medical expenses — The value of your medical expenses depends on the complexity and length of your treatment. More complex treatment, typically for serious injuries, tends to cost more. If your injuries require long-term treatment, the costs can add up.
  • Lost wages — Your lost income depends on your average income and the impact of your injuries on your ability to work. Your injuries may prevent you from working entirely during your recovery, or you may have work restrictions that result in limited earnings for an extended period.
  • Insurance policy limits — The limits of your PIP policy and the other party’s liability coverage policy could cap the compensation you can recover through a settlement.

Should I Accept the Auto Insurance Company’s Initial Settlement Offer?

Usually, accepting the insurance company’s initial settlement is not a good idea, especially if you haven’t had a car accident lawyer review your case and the offer. Insurance companies aren’t in the business of paying out claims.

They’re in the business of making money by denying and undervaluing claims. Often, the insurance company’s initial settlement offer will be lower than your case’s actual worth because the insurer hopes you’ll accept the offer without knowing the value of your case.

You must also consider how the value of your case could change over time. If you settle your case before you finish receiving medical treatment, and complications arise that lead to further treatment, you can’t go back and get more money from the insurer.

This is why you should not settle until your treatment ends or your condition has stabilized.

When you work with an experienced Washington DC car accident lawyer at Marks & Harrison, we can help determine whether the auto insurance company’s settlement offers are fair. If the offer isn’t fair, we will tell you. But it’s ultimately up to you to settle for the amount offered.

How Much Does It Cost to Hire a Washington DC Car Accident Lawyer?

Most Washington DC car accident lawyers, including the attorneys of Marks & Harrison, work on a contingency fee basis. You pay only if your lawyer secures compensation for you.

The fee you pay depends on several factors, such as the complexity of your case and the lawyer’s experience and resources. This fee is usually between 30 and 40 percent of the negotiated settlement or trial award.

You should always ask about their fee structure during your initial consultation with any lawyer. For instance, you should know whether they work on an hourly or contingency fee basis, and the amount of their fee, so you know what to expect at the end of your case. You may also face fees for filing lawsuits and hiring expert witnesses, which a reputable lawyer will gladly explain.

When you hire a lawyer who works for a contingency fee, you won’t have to worry about paying for their services, as they’ll take the fee directly out of your settlement or award at the end of your case.

What Are Some Do’s and Don’ts When DC Car Accidents Happen?

Knowing what to do and what not to do after a DC car accident is vital. Taking the proper steps can significantly strengthen your case, while taking improper steps could weaken it.

Some of the key actions to take following a car accident include the following:

  • Report the accident to the police — Drivers must stop and report to the police any accident that involves injury or property damage. It is a legal requirement. It is also necessary to obtain a copy of the police report, which you may need when you file your insurance claim.
  • Report the accident to your insurer — Even if you don’t believe you are at fault for the accident, you should report it to your auto insurance company. By reporting the accident, you can seek compensation through a PIP claim if you purchased that coverage. Reporting may also be necessary for your liability insurance to cover the compensation the other party seeks.
  • Gather accident scene evidence —Before you leave the accident scene, photograph the vehicles, road conditions, and relevant signs or signals. You should also gather the names and contact information of any witnesses.
  • Contact a car accident lawyer —The best way to protect your rights and seek maximum compensation is to hire an experienced car accident lawyer to handle your case from start to finish.

You should also avoid taking specific actions after a car accident, including the following:

  • Leaving the scene — If you leave the scene of a car accident, you could face a fine and other criminal penalties. Leave the scene only if you believe you are at immediate risk of harm, and report the accident to the police.
  • Admitting fault for the accident — Never admit fault for an accident at the accident scene or when speaking to an insurance company.

What Should You Do After a Car Accident?

The top priority after any accident is your well-being. Therefore, the first thing to do is evaluate your own injuries, followed by those of any passengers riding in your vehicle. Seek medical attention as needed, including by calling 911 for emergency assistance in cases involving life-threatening injuries.

Once you have taken these initial steps to protect your safety and that of your passengers, you can begin thinking proactively about preserving your right to compensation from the at-fault party.

Take the following steps to begin laying a strong foundation for your car accident case:

  • Report all accidents to the police for documentation in an authoritative police report.
  • Use your phone to collect photographic and video evidence of your injuries, damage to all vehicles involved, road and weather conditions, signs of intoxicated driving, and nearby surveillance equipment.
  • Talk to the other driver and collect their name, contact information, vehicle registration number, driver’s license number, insurer name, and insurance policy number.
  • Identify witnesses and collect their contact information.
  • Save all medical treatment and billing records related to the accident to be used as evidence in your case.
  • Avoid posting about your accident on social media.
  • Report the accident to your own auto insurer if the governing policy requires you to do so.
  • Do not provide a recorded statement, sign a medical record release, admit fault, or accept a settlement offer from the at-fault party’s insurer before securing legal representation.
  • Consult with a car accident attorney so they can start building a strong claim on your behalf.

Frequently Asked Questions

Some common questions that car accident victims have about their legal rights and the process of pursuing financial recovery after a crash include:

Do I Need to See a Doctor After a Car Accident, Even If I Feel Fine?

You can best protect your legal rights by seeking medical attention as soon as possible after a car accident, even if you think you didn’t suffer any injuries in the crash. A doctor can examine you to identify any injuries, including ones that have yet to cause you pain or other severe symptoms.

Diagnosing your injuries as soon as possible after the crash can strengthen your car accident claim by closely linking the accident and your injuries. Waiting to seek medical help after an auto accident risks giving the insurance company a basis to argue that your injuries had a different cause, such as another collision or a pre-existing degenerative condition.

Delaying treatment for your car accident injuries can also make them worse and require more expensive medical care. The insurance company may claim that you failed to limit your losses from your injuries, which can affect your financial recovery in a car crash case.

What Are the Most Common Car Accident Injuries?

An auto accident can cause injuries of varying severity, depending on the nature of the collision. Some of the most common examples of car accident injuries include:

  • Severe lacerations or abrasions
  • Dislocated joints
  • Ligament sprains or tears
  • Muscle and tendon strains or tears
  • Broken bones
  • Herniated spinal disc injuries
  • Whiplash
  • Nerve damage
  • Traumatic brain injuries
  • Facial injuries and scarring
  • Burns from post-crash vehicle fires
  • Spinal cord injuries and paralysis
  • Internal organ damage or internal bleeding

How Do You Determine Fault in a DC Car Accident?

Determining which parties bear responsibility for a car accident requires a thorough investigation and review of various pieces of evidence to identify the cause of the crash.

Examples of evidence we might use to determine whether someone else’s negligence caused the car crash include:

  • Police crash reports, citations, and arrest records
  • Accident scene photos and videos
  • Surveillance, traffic camera, or dashcam footage
  • Eyewitness testimony
  • Driver cell phone records
  • Car event data recorder (“black box”) logs
  • Car repair and maintenance records
  • Post-crash vehicle inspections
  • Accident reconstruction expert reports and testimony

How Much Compensation Can I Recover in a Car Accident Claim?

The value of your car accident case will depend on various factors. Each claim is unique with different circumstances, types of losses, and options for compensation.

The amount of compensation you are owed for a DC car accident will depend on factors such as:

  • The severity of your car accident injuries
  • How long your recovery takes
  • Whether your injuries are permanent or disabling
  • The extent of your financial and subjective losses, such as medical expenses and emotional distress
  • Who is liable for the crash
  • The evidence available
  • Whether you settle or take the claim to court

A Washington DC car accident lawyer will be able to calculate a fair amount for the losses you have suffered because of the collision and your injuries.

Do I Have to Go to Trial for My Car Accident Case in DC?

Most car accident claims end in a settlement rather than a trial. In many cases, the evidence strongly supports holding one or more drivers involved in the accident at fault for any resulting injuries and losses.

When another driver clearly bears responsibility for the accident, their insurance company may agree to settle to avoid the time and expense of litigation. However, going to court and trial in a car accident case may become necessary under various circumstances, such as when:

  • You’ve suffered severe injuries or disabilities.
  • Your case involves complex facts and evidence.
  • Your case involves multiple liable parties.
  • One or more parties dispute their liability for your injuries and losses.
  • The other driver does not have liability insurance.

Do I Need a Lawyer After a Car Accident?

Although you might consider handling your car accident claim alone, you can maximize your financial recovery by working with a personal injury lawyer with extensive experience in car accident claims.

A car accident attorney in Washington, DC can help you by reviewing the facts of your case to determine your legal options, identifying your injuries, calculating your present and future losses, and dealing with the insurance companies on your behalf to pursue a settlement that provides you with total compensation for your injuries.

Contact a Washington DC Car Accident Lawyer Today

At Marks & Harrison, we maintain our century-long commitment to excellence by providing the best legal representation possible to each and every one of our clients.

With 26 car accident lawyers, over 100 support staffers, and decades of experience fighting for the rights of injury victims, we are ready to help you along the path toward maximum compensation. Contact us today to get started with a free consultation with a Washington DC car accident lawyer.

Resources:

* National Highway Traffic Safety Administration

7 Common Car Accidents and How to Help Avoid Them
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