Pedestrian Accident Attorney in Washington DC

Mother and son crossing the street.

Pedestrian accidents are a common occurrence in the United States, especially in urban settings. According to the Centers for Disease Control and Prevention (CDC), a pedestrian was killed in an auto accident about once every 75 minutes in 2020. The fact that pedestrians are completely exposed to the full impact of a vehicle in the event of a crash goes a long way in explaining the high mortality rate of these accidents.

If you were hurt in a pedestrian accident at little to no fault of your own, you should contact an attorney as soon as possible to explore your legal options. Chances are you are entitled to compensation for your injuries from the at-fault party. Contact one of our pedestrian accident lawyers today.

At Marks & Harrison, we have been fighting for the rights of injury victims for over 100 years. Our skilled team of Washington DC personal injury attorneys and support staff is ready to handle your case from start to finish. Find out how we can help you in a free consultation with an experienced Washington DC pedestrian accident attorney. To explore the results we have secured on behalf of our clients, please visit this page.

How Common Are Pedestrian Accidents?

Sadly, thousands of pedestrians are killed in auto accidents each year throughout the United States. According to the National Safety Council (NSC), an estimated 7,904 pedestrians suffered fatal injuries in motor vehicle accidents in 2020 alone. Of those killed, 6,516 died in crashes on public roads. Further, 80 percent of these fatal accidents happened in urban areas, 76 percent outside of an intersection, and another 76 percent while it was dark out. Contact us now to speak with a Washington DC pedestrian accident lawyer.

What are the Most Common Causes of Pedestrian Accidents?

All sorts of factors can come together to cause an auto accident, including those involving pedestrians. Further, because causation is normally a critically important legal issue when establishing liability for an accident, it is best to avoid generalizations. Instead, an experienced pedestrian accident injury attorney should comb through the available evidence to prove causation in the unique circumstances of your case.

Common factors involved in pedestrian accidents include:

  • Failure to yield the right of way
  • Running red lights and stop signs
  • Improper turns
  • Unmarked crosswalks
  • Distracted driving
  • Intoxicated driving
  • Fatigued driving
  • Speeding
  • Jaywalking
  • Wearing dark clothes at night
  • Road and weather conditions

How Do You Prove Fault in a Washington DC Pedestrian Accident?

In most cases, establishing fault in a pedestrian accident requires proving that someone was negligent. In law, negligence refers to a failure to use reasonable care to avoid harming others through our actions. To prove that someone was negligent, you must show that (1) they had a legal duty to avoid harming you, (2) they failed to uphold that duty, and (3) the failure caused your injuries. In general, we all have a duty to take reasonable care to avoid harming each other, though the specific requirements of that duty will vary depending on the circumstances of your case.

Alternatively, liability may also be established by showing that someone was negligent per se. To do so, you must prove that: (1) they violated a safety statute, (2) the violation caused harm the statute sought to prevent, and (3) you were among the class of people meant to be protected.

This legal doctrine is applied less frequently than simple negligence. However, because there are so many traffic laws in place to keep people safe, it comes into play frequently in auto accident cases. For example, if you are hit by a drunk driver, you could argue that they were negligent per se simply by proving that their blood-alcohol content (BAC) was over the legal limit. Follow this link for a summary of bicycle and pedestrian traffic regulations in Washington.

What If a Pedestrian is Partly Responsible for an Accident?

In most personal injury cases, Washington applies the doctrine of contributory negligence when evaluating fault. It is one of the few jurisdictions in the United States that still adheres to this harsh rule. Under the doctrine, injured parties are normally barred from receiving any compensation when they contribute to the cause of an accident, no matter how slightly.

Fortunately, however, Washington recently amended the law to state that contributory negligence no longer applies to cases involving pedestrians and “vulnerable users” of public highways and sidewalks. Under the new rule, pedestrians may now recover compensation even when they are partially at fault for an accident, so long as their negligence was not the “proximate cause” and did not amount to “greater than the aggregated total negligence of all the defendants.” Get in touch with a Washington DC pedestrian accident lawyer today.

What Compensation Can I Recover After a Pedestrian Accident?

Pedestrians injured in an accident can seek “compensatory damages” meant to reimburse for both their economic and non-economic losses. The precise amount you receive in compensation will vary based on the extent of your injuries and other losses.

Because of their objective nature, economic damages can normally be calculated easily by simply adding up things like bills and receipts. Economic damages compensate for things like hospital bills, out-of-pocket costs associated with medical travel, lost wages from time missed at work, lowered earning potential if your injuries prevent you from returning to work, and the repair/replacement costs of damaged personal property.

By contrast, the subjective nature of non-economic damages means that the value assigned to each underlying loss will vary from person to person, making it considerably more difficult to calculate. Despite this, the amount of economic damages you may be entitled to should not be underestimated. It may include compensation for things like pain, suffering, emotional distress, and lowered quality of life. Notably, though many states limit the amount of non-economic damages a jury may award, Washington does not.

Is There a Time Limit for Filing a Pedestrian Injury Lawsuit in Washington DC?

Yes. If you wish to file a personal injury lawsuit after a pedestrian accident in Washington, you normally must do so within three years after the date of the accident. Though this strict rule comes with a few very narrow exceptions, it is best to make sure your case is filed sooner rather than later. Cases filed after the governing deadline passes are nearly always dismissed in court. The pedestrian accident injury lawyers at Marks & Harrison are ready to review your case, gather evidence, build a strong claim on your behalf, and make sure it is filed before the governing deadline.

Contact a Washington DC Pedestrian Accident Lawyer

If you were injured in a pedestrian accident at little to no fault of your own, do not hesitate to have your case reviewed by an experienced pedestrian accident injury attorney. You may be entitled to compensation, and the sooner you consult with an attorney, the sooner they can get you started on the path toward full and fair compensation. The experienced legal team at Marks & Harrison is ready to evaluate your case and answer any questions you may have in a free, no-obligation consultation. Contact one of our Washington DC pedestrian accident lawyers today.

Here are a few organizations and resources that may be able to assist victims of pedestrian accidents in Washington DC:

  1. Washington Area Bicyclist Association (WABA): WABA is an advocacy organization that also offers support and resources for pedestrians and cyclists involved in accidents in the D.C. area. Their website provides information on bike and pedestrian safety, legal rights, and resources for victims. Visit their website at: https://waba.org/
  2. District Department of Transportation (DDOT): The DDOT may have resources or information regarding pedestrian safety and accident prevention in Washington, D.C. You can visit their website for information on pedestrian safety initiatives, traffic laws, and contact details: https://ddot.dc.gov/
  3. Washington, D.C. Mayor’s Office of Victim Services and Justice Grants: This office provides support and assistance to victims of various crimes, including pedestrian accidents. They may offer counseling, legal services, and other resources to help victims navigate the aftermath of an accident. You can find more information on their website: https://ovsjg.dc.gov/