While vehicle-to-vehicle collisions are more frequent, pedestrian accidents in Washington, DC, often result in severe or even catastrophic injuries, highlighting the need for top injury attorneys. In many cases, the injuries from these accidents can be fatal. For pedestrians who survive a collision with a motor vehicle, their lives can change forever. A DC pedestrian accident lawyer protects a victim’s rights. Recent statistics show an uptick in pedestrian accidents in DC in 2025, many leading to catastrophic injuries. This highlights an urgent need for experienced legal representation in pedestrian accident cases. Walking the streets in Washington, DC, should be safe, not just from intentional crimes, but from negligence. Whether it is a drunk driver, a driver who is texting and driving, or someone trying to beat a light, pedestrians are particularly vulnerable to negligence due to the lack of inherent safety features present in vehicles.
Pursuing a pedestrian accident case can be particularly challenging for several reasons. First, there is less property damage to tell the story. In a car-on-car accident, the damage to the adverse driver’s vehicle when compared to the damage to your vehicle can tell a complete or nearly complete story. But that is not the case in a pedestrian accident. Thus, we must rely more on your testimony against the testimony of the driver. And without a witness, a driver may claim you jumped into the street at the last moment, making the accident your fault. Our lawyers will assist you with all the complexities of a lawsuit. Gelb & Gelb, P.C., will investigate your case, thoroughly review it, and advise you on your legal options.
Protect your rights with Washington, DC’s premier pedestrian accident legal team. Contact Gelb & Gelb, P.C. today for a free, no-obligation consultation at (202) 331-7227.
A pedestrian accident can be intimidating. Not only are you an immense pain, but you may not know what your next steps are, particularly if this is your first accident. Does your car insurer cover the loss? Should you run down the other driver? If they stop, are they required to give you information? If so, what should you ask them for? We seek to answer these questions, and more. Below are a few of the steps you should take following an accident.
This step is vital for several reasons. First, when you are in a pedestrian accident, your injuries can be debilitating. Immediate medical attention is often the best course of action, above all else. This step can and frequently precedes the step of collecting evidence. They are interchangeable depending on the severity of your injuries. Of course, if you cannot get information from the adverse driver because of your injuries, do not worry. Your first order of business should be to get yourself out of harm’s way. Let the police handle the adverse tortfeasor.
This step does not cease at the scene of the accident. It can take months or even years to complete your medical treatment. Keeping up with your care is essential, not only for the value of your case but also for your overall well-being.
Collecting evidence is critical to building your case. If you can, collect essential evidence, such as the tortfeasor’s name, license plate number, and insurance information, to identify the party to sue. Additionally, it would be beneficial to collect witness contact information. A statement from a witness is only sometimes admissible, but it is almost always helpful in building your case. While many people are aware of the hearsay issue regarding a statement made at the scene of an accident, that same witness can still testify to that same observation in court. Of course, witness testimony can be robust evidence in a pedestrian accident case. Thus, collecting this information is in your best interest. Police may also do this and include it in their police report.
To that end, you should always call the police and request that they come to the accident scene. Remember, we need evidence to win your case. While testimony may be sufficient, it is never as convincing to a judge or jury as photographs and other physical evidence. Unfortunately, when clients leave an accident scene without any information, and not even a police report, it becomes challenging to know who to sue and build your case. If this happens to you, contact us immediately. We may be able to work with you and the police to track down the at-fault party.
This is a broad, general rule. However, it has plenty of applications in DC pedestrian accident cases. The first thing to consider is your injuries. It would be best to avoid activities that may agitate your injuries from your accident. This may be surprising, but your inability to participate in your favorite activities and hobbies due to your injuries is compensable. This falls under general pain and suffering, which is a general damage in tort law. However, if you participate in them in any way and aggravate or worsen your injury, you could ruin your case.
Under the law, you must mitigate your damages. We will guide you through this process to maximize compensation and minimize unnecessary costs. Note that you cannot recover for damages beyond that point as soon as you decide not to mitigate and an aggravation occurs.
A good DC pedestrian accident lawyer will guide you through the legal process and work with you to build the most robust case. Being involved in a pedestrian accident marks the beginning of an intimidating process. It almost always involves insurance companies and lawyers. In every scenario, it is in your best interest to consult with a personal injury attorney in Washington, D.C. When we take on your case, we will run a thorough investigation to ensure we uncover all relevant facts. Once we have collected all relevant evidence, we will build your case.
Once we neatly put together our argument, we send out a demand letter to the defense. In doing so, we are initiating negotiations for settlement. Settling a case is cost-effective and time-efficient. Unfortunately, our court system is slow. Getting into court for a pedestrian accident case can take several months. Therefore, it is in the best interest of all parties to resolve the case through a settlement contract. Of course, if the defense is unwilling to make a fair offer, we will take the defendant to trial.
When we sue a driver for negligence and cannot resolve the matter amicably via settlement, the defendant will typically put up a defense. The most common defenses by defendants are not always legally viable. Nonetheless, in our 70 years of handling pedestrian accident cases, we have heard it all, and we know which are most common and which are most successful. Jaywalking as a defense for a negligent driver is among the most successful defenses. A jaywalking defense implies the pedestrian was contributorily negligent in causing their injuries. If that is the case, the pedestrian cannot recover. However, the pedestrian may counter this defense by proclaiming that the driver had the last clear chance to avoid the accident and failed to do so.
Whether this will succeed depends on where the pedestrian was struck in the road. If the pedestrian was struck closer to the sidewalk, the outcome may be less favorable. However, if the pedestrian was in the center of the road, between the sidewalks, and the driver still failed to stop, the driver will be liable.
The defense may also say the pedestrian was texting on his phone when struck by the defendant. However, if the plaintiff was in a place like a sidewalk or a crosswalk when they were legally permitted to be there, whether they were distracted by their phone is irrelevant.
There are two rare scenarios in which you do not need a DC pedestrian accident attorney, despite being involved in an accident. The first is whether you are at fault in the accident. If that is the case, you are best off handing the case to your insurance provider. A personal injury attorney will not take your case because personal injury lawyers are plaintiff attorneys. If you still want to hire independent counsel, you may do so, but you would pay a defense attorney an hourly rate, which may not be worth the expense for what you gain. Meanwhile, paying for auto insurance entitles you to a defense should you need one, including legal representation should the accident victim sue you.
The second scenario occurs when liability is clear and the defendant’s insurance company has already made a maximum policy limits offer. This means that the defendant’s insurance policy only covers the defendant up to a certain amount. Chances are, if the insurance company makes such an offer, liability is clear, and damages greatly exceed the coverage. In this case, it may be unnecessary for a lawyer to get involved. At Gelb & Gelb, if we do not believe we can contribute value to your case, we will tell you that and not charge any fee. However, it is beneficial to understand your options. Thus, even if you have a policy limit offer on the table, you may still benefit from legal assistance. Therefore, it is best to contact an attorney for a free consultation, just to be sure.
Pedestrians in Washington, D.C., have different rights depending on their location. Whether you, as a pedestrian, are on the sidewalk, in the crosswalk, or on the road, your rights vary. Below, we detail the most common places you may find yourself in and the laws that apply when in DC.
Crosswalks in DC are generally marked, though not always. When the crosswalk is not painted, you may still be in a statutory crosswalk. Legally, you maintain the same rights whether the crosswalk is painted or not. When you are a pedestrian in a crosswalk in DC, you have rights that protect you against the negligence of drivers. § 50-2201.28 of the DC Code governs this circumstance in detail. To put it simply, a driver must come to a full stop when a pedestrian is either upon the lane, or within one lane approaching the lane, on which the vehicle is traveling, or onto which it is turning. The same applies to other cars passing by the crosswalk, even if the pedestrian has already moved out of the way. If one car is stopped, all cars must stop until all vehicles move forward.
A common occurrence in everyday life is when you enter the crosswalk with a walk signal, only to have the light turn green for drivers while you are still crossing. Under § 50-2201.28(b), a pedestrian has a walk signal protection to continue to the opposite sidewalk or safety island, whichever is nearest. As an aside, while not technically a pedestrian, bicyclists and e-scooter riders in DC have the same rights and protections in a crosswalk as pedestrians do. This helps maintain safety and order on the roads. In addition to civil liability, failing to yield or colliding with a pedestrian can result in fines, community service, or even imprisonment under the statute.
There are two important instances to highlight when you are crossing the street and not in a crosswalk. The first is when there are no crosswalks available. Under Section 18-2304.2, a pedestrian crossing a roadway at any point other than within a marked crosswalk, or within an unmarked crosswalk at an intersection, shall yield the right-of-way to all vehicles upon the roadway.
The second is when a crosswalk is available, but you are still not crossing legally. Technically, the law requires that you not cross if you have a do not walk signal. That is the statutory requirement. In practice, if the driver has the last clear chance to avoid the accident, your case may fall under an exception, and you may still be able to recover. However, proving this exception can be difficult. It will ultimately depend on the speed of the driver and where you were on the road when you were hit.
When there are no sidewalks available, as a pedestrian walking along a street or highway, one should walk only on the left side of the roadway or shoulder facing traffic, which may approach from the opposite direction. This may be counterintuitive for some and even contradicts the law in other jurisdictions. However, in Washington, DC, the law requires that you walk along the left-hand side when there is no sidewalk available and it is safe to do so. Our recommendation is to take an alternate route that has a sidewalk, assuming it is also safe to do so.
Of course, when there is a sidewalk, pedestrians are effectively untouchable legally. Even when bicyclists and e-scooter riders are legally permitted on the sidewalk, which is true in most of DC, they must still yield the right of way to pedestrians. While drivers may be permitted to drive on sidewalks in rare circumstances, they must never park there and are always required to yield to pedestrians.
When choosing a pedestrian accident attorney in D.C., you can find hundreds of options online. Many of these options are great attorneys. So, what separates us from everyone else? There are several factors to consider. Here, we will highlight the top three reasons.
Experience matters. Having experience lends itself to knowledge and understanding of the intricacies of law. While law school teaches new lawyers how to think like lawyers, there is an old expression that one still needs to learn to be a lawyer. Every case we take is directly handled or overseen by Managing Partner Roger Gelb, a well-known attorney with over three decades of experience handling personal injury cases.
A second benefit of experience is having a robust professional network. This can only be built over time. While no attorney should ever claim that having a relationship with a judge is an advantage, understanding the demeanors of certain judges is helpful. Some judges prefer the most professional etiquette in the courtroom. Therefore, an inexperienced attorney unfamiliar with the judge’s preferred formalities may encounter issues. This is something that can only be learned through experience.
Gelb & Gelb, P.C. has been handling pedestrian accident injuries for over 70 years, including several hundred in DC. We stay up-to-date with the latest caselaw, as we consistently consult with pedestrian victims and other attorneys.
Reputation is another element that can only be built over time. However, experience is only sometimes indicative of a good reputation. It can be destroyed in a day, for as long as it takes to build a strong reputation. Our reputation at Gelb & Gelb, P.C. is second to none. Our DC pedestrian accident lawyers take immense pride in everything we do. For us, personal injury law is a family business. It is not merely a job. We have had three generations of personal injury attorneys at our firm. Throughout our tenure, we have consistently demonstrated legal excellence in DC.
Through our reputation, you may trust our judgment. Much of the law centers around the ability to make decisions. The law is not black and white. It has shades of gray that make lawyers necessary. Instead, there are infinite complex legal questions with no definitive answer. It takes an attorney with sound judgment to know when to proceed with a case and when not to. If we evaluate your case and determine it has merit, we can assure you that we will handle it professionally and diligently.
First, aggressively pursuing your claim shows you that you have an attorney willing to fight on your behalf. Some attorneys have an overloaded case schedule. As a result, they need more time and organization to pursue your case aggressively. Hiring an attorney who aggressively pursues your claim may deter the defense from lowballing your case. This also ties into the point about reputation.
An aggressive attorney may also negotiate a better settlement offer from the defense. Defendants and their insurance providers do not want to pay out what the case is worth. In almost all cases, the insurance company wants to spend as little money as possible on an injury. That is the nature of their business. It takes aggressive pursuit to fight for the compensation you deserve for your injuries.
Due to the severity of the injuries in many pedestrian accidents, the potential compensation in these claims is substantial. No two car accident claims are identical, so the value of each case depends on the specific facts and the analysis conducted by our legal team. The following types of compensation are familiar with many pedestrian accident claims.
Medical treatment is often one of the most significant expenses following a pedestrian accident. These costs extend far beyond emergency room care. Medical costs can also include additional surgeries, follow-up visits, prescription medication, and prosthetic devices, among other things. These costs can extend several years into the future beyond any settlement date. A successful injury claim can recoup these costs.
Many pedestrian accidents result in scarring and disfigurement that will never heal. This can include anything from burn scars to amputation. When you, as a pedestrian, suffer permanent disfigurement, you can recover compensation for its impact on your quality of life. This falls under general damages. While it does not equate to a precise dollar amount, like medical bills, disfigurement does entitle you to financial compensation.
Missing time away from work is one of the most significant challenges that follow an injury. Sometimes, a pedestrian may be in too much pain to return to work immediately. Alternatively, you may need to take time off work to visit your doctor or therapist. A pedestrian accident lawyer can recover compensation for lost wages and damages for future lost wages.
This category of damages is more difficult to calculate than many of the others. The short definition of a pain and suffering damages award is that you are entitled to whatever a jury believes would make you whole for the pain you underwent. If you are sore for eight weeks after a pedestrian accident, would $12,000 make you whole? If you cannot participate in a triathlon that you have prepared for all year due to the injuries you sustained, would $25,000 make you whole? As you can see, this is a moving target and depends on the unique facts in your case. Of course, the more pain you are in, the more you should recover for your non-economic damages award. However, proving this is not always easy.
Perhaps something that should not matter, but most certainly does, is how likable a jury finds you. Does the jury feel bad for you? Do they believe you when you tell them that you lost hours of sleep each night because your neck was excruciatingly sore from the accident? Do you have kids at home, and your injuries did not allow you to spend time with them? Or do you have documentation to prove that you broke a bone? If not, you will likely receive less if you cannot prove your claims. These are all factors to consider. Moreover, every judge and every jury is different. The exact case in front of one jury may receive a different amount than in another trial.
Your goal as a victim in a pedestrian accident is to recover physically and to hold the defendant accountable to compensate you for your injuries. By retaining the services of a knowledgeable attorney, you will gain a better understanding of the various aspects of DC pedestrian injury cases.
In the busy roads and sidewalks of Washington, DC, most pedestrian accidents stem from driver negligence, including failure to yield and distracted driving, underscoring the importance of consulting with a pedestrian law firm. Negligence is a legal standard that requires harm resulting from a careless or reckless act or omission, causing damage. Negligence can result in pedestrian accidents in many ways. Some pedestrian accidents occur due to a driver’s failure to keep a proper lookout. This could involve a motorist striking a pedestrian walking along a roadway or crossing at an intersection.
Consult with a pedestrian injury lawyer in DC to understand the intricacies of pedestrian law. Washington, D.C., has unique laws that make handling a pedestrian accident case tricky. Understanding and leveraging those laws for your compensation is critical.
Every pedestrian injured in an accident with a motor vehicle should have two priorities. The first is to seek immediate medical care. The second is to protect their legal rights by speaking with experienced legal counsel.
A Washington, DC, pedestrian accident lawyer can help you pursue an injury claim following your accident, even if you are uninsured. Call Gelb & Gelb, P.C. today to get started on your case.
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