As pedestrian accident attorneys in DC for the last 70 years, we have handled hundreds of pedestrian accident cases. While they are less common than car accident cases, they are typically more severe. Moreover, while people seem to have a reasonable understanding of laws regarding cars, this is less the case for pedestrians. People tend to think that pedestrians can roam free, having the right of way no matter where they are. However, the law in DC does not always support this.
Pedestrian accident cases tend to have the worst injuries of the cases we handle. This is not surprising. The average car weighs about 25 times more than a 160-pound human. Moreover, these cars drive anywhere from five miles per hour to much faster. While five miles per hour can knock over an older adult, breaking their hip and causing severe damage, a car traveling 60 miles per hour can be devastating. Thus, handling these cases competently and effectively is imperative.
Potential and former clients’ most frequently asked questions about pedestrian accidents in Washington, D.C., are listed below.
Pedestrians have the right to walk on the sidewalk, crosswalk (statutory and painted), and limited other spaces without injury from negligent action. When a pedestrian is negligently injured, they can make a compensation claim. Typically, this claim is with the negligent tortfeasor’s auto insurance. However, this may be more complex if someone on a bicycle or electric scooter injures you.
Suppose you are injured in a pedestrian accident. In that case, you have a right to seek compensation from the defendant for your past and future medical expenses, lost wages, and pain and suffering. While you have a right to seek compensation for a negligence claim, you still must prove each element of negligence by a preponderance of the evidence to recover compensation. A Gelb & Gelb, P.C. personal injury attorney can assist you. Our attorneys have over 70 years of experience handling these cases.
The most frequent cause of pedestrian accidents is driver negligence. Whether a distracted driver runs a red light or speeds through a light, most accidents occur because drivers do not adhere to traffic signals. The second most frequent cause of pedestrian accidents is flipping the table as the pedestrian causes it. Jaywalking is something thousands of pedestrians do in DC every day. While it may appear harmless, it often causes a degree of unpredictability that can cause some drivers to strike pedestrians. Moreover, while you are probably safe in your jaywalking a majority of the time, all it takes is one time when you miss the car coming around the turn who has no time to stop before striking you, causing debilitating injuries.
We cover this question in great detail.
Despite Washington, D.C.’s noble goal of eliminating all severe injuries related to car and pedestrian accidents, some pedestrian accidents are likely unavoidable. This is true for the same reason that some crimes are inevitable. However, understanding these risk factors can help develop strategies to prevent accidents.
Sidewalks immediately adjacent to the public roadway are public property in DC. The pedestrian zone must remain clear, including the space immediately above the pedestrian zone. Driveways, street trees, and bike racks are typically located in the sidewalk’s tree box/furnishing area and are not part of the pedestrian zone.
The typical residential sidewalk has a minimum width of six feet, and the tree box has a minimum width of four feet, although a minimum of six feet is preferable.
Downtown sidewalks have a minimum width of 16 feet and a minimum tree box area of six feet. As these are highly trafficked areas, pedestrians require a larger space to travel. If the sidewalks do not fit this criteria, there may be a surplus of pedestrian traffic, causing some pedestrians to walk into the street to avoid slower walkers. This type of behavior leads to pedestrian accidents in DC.
The District Department of Transportation (DDOT) has created the “right-of-way (ROW)” to create a sustainable transportation system that moves people and goods while resources protect DC’s environment. ROW consists of the travel lanes, on-street parking, sidewalk area, and other public spaces between the property lines on either street side.
There is no part of the outdoors in Washington, D.C., where you should not watch out for pedestrian accidents, as they can occur anywhere. However, most pedestrian accidents happen in the following places.
Tragically, the deadliest day for pedestrians is Halloween. Per one study, 49 children died on that day over 14 years. That is nearly double the next deadliest day. To prevent this, parents must do their part in supervising children to avoid deadly pedestrian accidents like this in the future.
Most pedestrian accidents occur between 3 p.m. and 6 p.m.
As pedestrian accident attorneys, we have seen the worst injuries when a pedestrian is struck by a car or truck. While much of our job is reactive, we advocate for safer pedestrian behavior as much as possible to avoid future accidents. Below is a list of things pedestrians can do to stay safe in the District.
Jaywalking is illegal in DC and can result in a hefty fine. If you are walking outside a crosswalk or against a traffic signal, beware of motorists and police who will ticket you. What if you get injured while jaywalking? The doctrine of contributory negligence bars you from recovering compensation for your damages if a jury finds you even 1% negligent in causing your injuries. However, limited exceptions may permit you to recover despite technically being partially liable for your injury.
Contact Gelb & Gelb, P.C. today for a free, no-obligation consultation at (202) 331-7227.