Part A of the Traffic Act of 1925, Chapter 22, governs the regulation of traffic in Washington, D.C. Subchapter 1 governs general provisions for this chapter. This is a long and detailed subchapter of the statute. Firstly, it discusses rules that are foundational for traffic regulation in DC. This includes definitions and the scope of various terms such as vehicles, motorized devices, and related regulatory concepts. Then, it speaks of the authority of the Mayor, as seen in § 50-2201.03. Thirdly, the statutes discuss the regulations of vehicles, such as vehicle dimensions, equipment, and the issuance of operator permits. Violation of these regulations can result in fines or imprisonment. As we are in Washington, DC, these penalties can be enforced by local or federal authorities.
The statute also discusses other less relevant details, such as shared fleet devices, personal mobility devices, and the vehicle excise tax. However, the section does not address the common question of whether you can drive barefoot in DC. Many of us are aware of the basics. We know we must wear our seatbelt. Not only is it necessary for safety, but it is the law. Some drivers prefer the comfort of going shoeless behind the wheel, especially during the warmer months, but is this practice legal in Washington, D.C.? Yes, it is legal in Washington, D.C. DC, and many other jurisdictions, but they do not have statutory language addressing this topic. And yet, its legality remains a hotly debated topic.
The Myths Around Barefoot Driving
The most common myth is that barefoot driving is illegal across the United States. Undoubtedly, the myth originated because of legitimate safety concerns when driving barefoot, which we discuss below. Another classic myth surrounding driving while barefoot is it makes you automatically liable. There are a few problems with this rationale. First, if it were a valid defense, it would be an affirmative defense. This means the burden would be on the defense to prove you were driving barefoot at the time of the accident. This is nearly impossible unless you outright admit that it is the case. The second issue with this rationale is the other driver would have to prove that driving barefoot is the legal cause of the accident. In other words, it would have to be the proximate cause.
Proximate causation is the link between a breach of a legal duty and the injuries a plaintiff sustains from the accident. If a plaintiff cannot prove proximate causation, then all four requisite elements of negligence have not been satisfied, and the claim fails. Thus, there is little risk of civil liability from driving barefoot. Of course, you may still be liable for an accident while driving barefoot, but it is unlikely that being barefoot is the cause of the accident. Notably, this civil liability is distinct from criminal culpability. As we have discussed, DC does not fine drivers for driving barefoot.
A third myth about barefoot driving is that driving barefoot provides a driver with better control of the vehicle. While it is true that you may have a better feel of the pedals, there are hidden risks, which we will explore in the next section.
Potential Safety Concerns When Driving Barefoot
While driving barefoot is legal in Washington, DC, it is not always safe. First, if your feet are wet or sweaty, they may slip on the pedal. While that is also possible while wearing a shoe, it is less likely. Part of the reason is because a shoe provides traction that makes slippage less likely. You may also feel something startling on your skin that you would not otherwise notice if you were wearing shoes. This may be a fly, bug, or any other conceivable thing in your car that causes you to jump. But when you jump while operating a car, the results can be catastrophic. Another safety risk involves sudden stops or emergency maneuvers. Without shoes, you may struggle to brake quickly and forcefully enough. This may be because the pedal is suddenly slightly out of reach.
Or, the pedal may be too hot, cold, or anything else that causes discomfort. Even a split second of hesitation can lead to an accident. There are also concerns once you get into an accident. Just as when you are walking, shoes provide a level of protection. If you get into a DC car accident or even suddenly stop, debris from the road could enter the vehicle, or items inside the car could shift, potentially leading to cuts or injuries on your unprotected feet.
Lastly, some car manufacturers include leg or knee airbags in cars. Injuries may occur if these deploy in your car while you are not wearing shoes.
Does Driving Barefoot Affect Insurance Claims?
Few things can be said with certainty regarding insurance companies. There are over 2,000 insurance companies in the United States, and their business practices may vary significantly. Thus, it is difficult to speak in sweeping generalizations when some insurance providers may behave differently than others. However, regulations still prohibit what insurance providers may do and how they operate.
If the other driver can prove that your foot slipped off the pedal, either because it was wet or sweaty, and that slippage caused a car accident, that can affect your insurance claim. However, this has more to do with the fact that you caused an accident and less with your driving while barefoot. Ultimately, insurers care about whether you are causing accidents because that makes you more expensive to insure. If you drive while barefoot and do not get into any car accidents, it is unlikely that there will be any effect on your insurance claims. Meanwhile, if you are constantly getting into car accidents and the reason is because you drive barefoot, there will be a direct effect.
As in any case, an insurance provider and a personal injury lawyer are most concerned with the actions on the road. If you are driving while barefoot cause you to rear-end the car in front of you, we care more that you were unable to control your vehicle and caused an accident than why that happened. Ultimately, driving barefoot becomes the same as texting and driving, tired, or adjusting the radio.
Best Practices for Footwear While Driving
While driving barefoot is legal, we generally advise against it for the above reasons. The best practice is to wear comfortable shoes and provide a firm grip on the pedals. Athletic shoes or flat-soled shoes are probably best. Avoid driving with flip-flops, high heels, or heavy boots, as these shoes can also interfere with your ability to press the pedals effectively. Flip-flops are not great because they can easily slip off or get caught underneath the pedal. When this happens, you may be unable to switch from the accelerator to the brake pedal in time to avoid an accident. Meanwhile, with a heavy boot, you may be unable to feel the pedal properly, which can cause you to miss the pedal entirely.
Speak to a DC Car Accident Lawyer
If you are in a car accident in Washington, DC, or have general questions regarding driving while barefoot, contact our office today.
We provide free consultations and case evaluations 24/7 at (202) 331-7227.
