Our nation’s capital, Washington, D.C., is the most powerful region in the country and the world. With that, you would think, comes safety. We have several powerful federal agencies, if not directly in the District, then in neighboring cities. So why is Washington, D.C., among the most deadly cities in the country? The answer to this question does not rest with fatal pedestrian accidents. The majority of the deaths here are related to crime. However, negligence accounts for a large number of fatalities every year. Worse yet, there is a disproportionate number of deaths from pedestrian accidents compared to motor vehicle accidents.
Over a four-year span in Washington, D.C., within the last decade, 58 pedestrians died in the District, representing 36% of all traffic fatalities. During that same four-year period, 2,159 pedestrians were injured in a traffic-related accident. This represents a much lower proportion of 16.9% of all traffic-related injuries during that period. One thing is clear from these data. You are more than twice as likely to be killed in a traffic accident if you are a pedestrian than if you are in a vehicle. These statistics do not account for many factors. It is unclear whether those who died in the vehicles were wearing a seatbelt, equipped with modern safety equipment, etc. This disproportionate rate of death does shine a light on the need for personal injury lawyers and clients to seek justice for injured pedestrians.
Our pedestrian accident attorneys have handled several hundred cases involving pedestrian accidents, many involving fatalities. If you or a loved one has passed away due to the negligent conduct of a third party, contact our office immediately.
The causes of fatal pedestrian accidents in DC mimic many of the causes of ordinary pedestrian accidents. However, there are a couple of key differences. The first and more obvious distinguisher is the rate of speed at which the vehicle travels when it collides with a pedestrian. Naturally, a car driving 45 miles per hour is going to have a higher chance of killing a pedestrian than a car driving at 15 miles per hour. Thus, roads in DC that have higher speed limits while also having pedestrians cross are hotspots for fatal pedestrian accidents. Examples of these roads include:
Another element that contributes to fatal pedestrian accidents is the way a car hits a pedestrian. If the car hits a pedestrian head-on at a high enough speed, it may send the pedestrian into the air. In this type of accident, where the pedestrian lands is also a factor. This can be contrasted with a pedestrian accident where only a mirror or the corner of a car hits the pedestrian. In these instances, the car may have tried to avoid the pedestrian at the last second. Meanwhile, a full, head-on collision with a pedestrian is a gross failure to behave reasonably and, while the same level of negligence, is almost sure to result in a higher amount of damages. Other causes of fatal pedestrian accidents include:
The legal rights of families affected by fatal pedestrian accidents are separate from the legal rights of the deceased’s estate. If you are a spouse, parent, or child of the decedent, you may be entitled to a wrongful death claim. This is in addition to however much the estate is entitled to for the death. Naturally, whoever is entitled to the estate, either by will or intestacy laws, will recover the estate. A wrongful death claim is a separate action.
A wrongful death claim works based on your financial dependency in addition to loss of companionship. It is not typically as valuable as a survival action, which is the cause of action the estate is entitled to. In that claim, the value of life, medical expenses, and pain and suffering are recoverable. This is not the case in a wrongful death action.
Our DC pedestrian accident lawyers handle both survival actions and wrongful death actions relating to fatal pedestrian accidents in DC. Our team of attorneys and skilled paralegals assist you every step of the way. At the start of your case, we provide a free, no-obligation, consultation. At this phase, we evaluate the merits of your case and help you determine if it is a case you should pursue. Given our no-win, no-fee model, it is usually worthwhile to pursue a case unless there is a liability issue for your fatal pedestrian accident case. Then, we collect evidence. Whether that includes bills and records from medical providers if the death was not immediate, police report, witness contact information, depositions of witnesses, and anything else we need to build a strong case.
Then, we explore the possibility of settling your case. There are a few advantages to settling. Perhaps the biggest reason is it saves you money. Negotiating a case with the insurance company does not cost you anything additional. If we go to mediation to negotiate, that cost is negligible compared to trial because we do not have to pay for expert witnesses. It is also far faster. Scheduling a mediation can be done a month out. However, getting to trial in DC can take over a year. It may well be worth the wait for a case as serious as a fatal pedestrian accident case. On the other hand, you may have mounting funeral expenses, medical bills, college tuition costs, and all the other things life throws at you. You may not want to wait two years for a trial in these cases.
How do we investigate a fatal pedestrian accident? While we do not always do the investigation ourselves, as we sometimes work with our private investigator, there are still steps we take. This process almost always starts with the police report. This should have a narrative that we use, along with the narrative you provide us, as a starting point. If there is security footage from a nearby store or dash cam footage, we immediately send a spoliation letter. We will subpoena the evidence if it is not willfully handed over.
A spoliation is crucial because it works to preserve evidence that may otherwise be deleted. While some parties may already face sanctions for deleting evidence they know or should know to be important for a possible lawsuit, other parties, such as a nearby store, may not think to preserve footage. Oftentimes, particularly with older venues, their security camera technology is outdated, will not upload to any server, and needs to be manually saved within 24 hours.
Our attorneys have decades of experience handling fatal pedestrian accidents in DC. If you believe you or a loved one has a case, contact our office immediately for a free, no-obligation consultation at (202) 331-7227.