Car accidents can be physically debilitating and mentally traumatizing. The effects of a DC car accident on any adult can be exhausting. An adult may no longer have a car to get to work. Even if you have a way to get to work, possibly via Uber, you may not be able to work, mainly if your job is physically demanding and you have considerable pain in your neck or back. When you cannot work, you may be unable to support your family because you do not have a paycheck for a few weeks until you can return to work. We understand the stresses that a DC car accident brings you. As an elementary school, middle school, or high school student, there is an extra element to consider regarding school zone car accidents in DC.
Whether you are an injured driver or passenger who collided with another vehicle will be a different case from if you are a pedestrian who is struck by a speeding car. Either way, our DC personal injury lawyers have decades of experience handling both types of accidents and are happy to assist you with your injury claim.
Before discussing car accidents in school zones in Washington, D.C., we will first define the relevant terms. Under § 38-3101 of the Code of the District of Columbia, a school zone is any street or block within 350 feet of a given school’s building or grounds and includes crossing points closest to that boundary. Note that there are exceptions. If it is an area not used for crossing, it may be legally excluded from the school zone. The primary purpose of designating an area as a school zone is to keep children and pedestrians safe. Thus, fines are increased, and speed limits are reduced. Under § 38-3107 on school zones, the fine for speeding shall be doubled when occurring within a school zone.
Of course, not everyone knows where each school is. As such, it can be challenging to know when you are within 350 feet of a school. Thus, the District Department of Transportation (DDOT) must post signage on all roadways within a school stating the speed limit for that zone and designating the area as a school zone. Between 6:00 a.m. and 7:00 p.m., the speed limit of a school zone is 15 miles per hour. However, the limit may be increased to 25 miles per hour, subject to DDOT’s discretion, except during drop-off and pick-up periods.
School crossing guards are another topic of interest regarding school zone car accidents in DC. Per § 38-3109 of the Code of the District of Columbia, the District does not fund school crossing guards. This is significant because a court sometimes decides whether the instructions of a school crossing guard hold the same weight as that of a police officer.
The common causes of school zone accidents mirror the common causes of standard car accidents in Washington, D.C. Below is a list of the most common causes we encounter in the cases we handle related to school zones.
Speeding is a dangerous act no matter where you are on the road. But the results can be particularly harrowing in a school zone. While it does not take much to go beyond a 15-mile-per-hour speed limit, it is imposed at that speed for a reason. Younger children can be challenging to spot on the road. Moreover, they are known to run out into the middle of the street without hesitation or looking for cars. While there is a contributory negligence argument to be made if the child is suing the driver, it may also be argued foreseeable that a child would run into the street.
Even without a signal, a driver must yield to a pedestrian in a crosswalk. Moreover, a car may not park or block a crosswalk. However, if not in a traditional or statutory crosswalk, the general rule is that pedestrians must yield the right of way to any vehicle. But that does not mean a driver will escape liability for hitting a pedestrian not in a crosswalk. While accidents with cars hitting pedestrians in crosswalks are straightforward, there are still instances where a pedestrian is walking to a car without an available crosswalk in which the pedestrian has the right of way.
When a DC driver performs an illegal u-turn resulting in a pedestrian accident, there is almost always liability. Pedestrians have very few safeguards. Much of being a pedestrian involves relying on drivers’ safety and judgment. When a driver decides to perform an illegal turn, the pedestrian suffers the most. Fortunately, the law in DC recognizes when these injustices occur. Accordingly, students in school zones may be entitled to compensation for injuries resulting from illegal U-turns.
The impact of school zone accidents can be catastrophic. The first element of school zone accidents to note relates to injuries. A school zone accident can occur to a parent or a child. But when it happens to a child, it can affect the next 70 years of a person’s life. A child with a bright future may now be unable to walk for the rest of their life. This has monumental implications for the value of your case. Whether a fracture, brain injury, or worse, it is imperative to speak with a personal injury lawyer if you or your child is injured in a school zone DC car accident due to someone else’s negligence.
Beyond physical trauma, emotional and psychological trauma can affect children. What makes school zone car accidents in DC more complex is the span that a trauma or injury may last. In general, future medical expenses and loss of future earning capacity are elements of your claim. While we may be able to predict future medical expenses with accuracy with the help of expert witnesses, future earning capacity is more difficult than usual because the hypothetical student has not even been admitted into college yet. We may be able to use middle school or elementary school grades as a baseline, as well as the socioeconomic status of family members. Nevertheless, it is an intriguing yet complex aspect of the claim.
A big problem with school zones is that many drivers are students. School zones are not limited to bus drivers and parents picking up or dropping off students. While that makes up the vast majority, if it is a high school, many students will be driving themselves. Worse yet, many students will be driving friends. This may lead to students needing to impress their friends by performing senseless acts of negligence.
If your child is involved in a school zone car accident in DC, you should first ensure his or her safety and seek prompt medical attention if necessary. If you are on the scene, you may be entitled to compensation for the emotional damages you suffer by having had to witness the injury.
Next, speak to a personal injury lawyer to discuss your options. An attorney from Gelb & Gelb, P.C. will ensure you are on the right track to get your child healthy and compensated so your family is not left with mounting medical expenses. Moreover, we have dealt with child injuries before. We understand the complications associated with missing time from school. This can substantially set a child back socially and academically. Your child may have to join a new social group, which may be more difficult with a younger grade. Reach out to our office today for a free consultation.
Washington, D.C., must continue to evolve the District’s traffic safety laws to protect students in school zones. Car accidents involving students being picked up or dropped off from school must be stopped. If you believe you have a case, contact our office today for a free consultation.
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