Hit and Run DC Pedestrian Accident

What would you do after a hit-and-run DC pedestrian accident? Unfortunately, if you are the victim of this type of accident, there is almost zero chance that you will catch up with the person who hit you. Moreover, victims in pedestrian accidents in DC tend to suffer the most injuries and fatalities compared to similar accidents such as car accidents. These severe injuries can leave you with tens of thousands of dollars in medical expenses. Moreover, you likely will be unable to work due to your injuries. This can cause additional stress on your finances. This is when our DC personal injury attorneys come in. We are ready to help you at every stage of your case. Whether you are unsure if we establish liability, uncertain how much your case is worth, or need assistance organizing and understanding your medical records, we do it all.

Our personal injury legal team excels at handling all aspects of these claims. Whether it is evaluating liability and whether a case is worth pursuing, investigating and collecting evidence, assessing your medical records and valuing your case, negotiating a settlement, navigating mediation, or litigating your case, our experience handling over 10,000 injury cases has us positioned to maximize your settlement payout. But what if you cannot identify the negligent party after your hit-and-run DC pedestrian accident? You still have options. We will explore those options in this article so you will be prepared no matter what stage in your claims process.

Investigation and Search for the Suspect

Investigating and searching for the suspect is the first thing to do after a hit-and-run DC pedestrian accident. If you can do so, you likely have some obligation to exchange information with the tortfeasor under your insurance policy. If the tortfeasor refuses to exchange information and flees the scene, you have likely satisfied your obligation. So, what are your options? You can take a picture of the car’s tag number that hit you. This will at least tell us who the vehicle is registered to.

However, in a hit-and-run accident, the person to whom the car is registered is not necessarily the same person who hit you. Our legal team can run the tag number and get great information. For example, we can learn that the car was reported stolen. Or, if it has not been reported stolen, we can inform the police, who will investigate whether the person to whom the car is registered was the one who caused your pedestrian accident.

While identifying the suspect is not the only means of collecting compensation, it is the best option. If the vehicle is a Maryland vehicle, it may allow you to make a PIP claim. This may provide you with significantly more money than if you are hit by a DC-registered vehicle. When you create your auto insurance policy, it will also be unavailable if you live in Washington, D.C.

Impact on the Victim and Community

Washington, D.C., is becoming an increasingly dangerous place. Carjackings and hit-and-runs are occurring more and more. The impact on the community is being felt across the District. Criminals are getting around laws by using minors to perform the task, knowing that the laws are less strict on them, and paying them to do it. While we continue to advocate for reform on social media, most of our work is on the micro level with the victims. If you are the victim of a hit-and-run pedestrian accident, even if the car is stolen, you may still have options.

Uninsured Motorist Claim

Let’s assume that you are involved in a hit-and-run DC pedestrian accident and are unable to identify the tortfeasor or the car he was in before he fled the scene. You call the police, but they cannot track the vehicle down. You call your attorney at Gelb & Gelb, P.C., receive a free consultation, and learn that you still have options. If you have your car insurance, even if you were not in a car at the time, you can make an uninsured motorist claim.

This option built into your insurance policy allows you to receive compensation equal to the damages you suffered. When we choose this option, your attorney will still handle this case much the way we would if we did track down the tortfeasor, with just two significant differences. But before that, keep in mind that the fact that this is your insurance carrier does not mean that they are on your side. They are still uninterested in paying you what your case is worth, which will require negotiation by a skilled attorney. So, what are the two significant differences?

Two Distinguishing Factors Between a UM Claim and Standard BI Claim

  1. If we are unable to settle your case, who do we sue? We sue your insurance company for a breach of contract. This means we do not sue them where the accident occurred but instead where you entered into the insurance contract. We allege that they were unwilling to honor the provision in the contract that requires them to pay you total and fair compensation for your injuries when you cannot identify the tortfeasor.
  2. We also must prove that you did not cause the accident. To begin with, we must prove that you were in an accident. If you are in a car accident and the driver flees the scene, we can establish that a car hit you based on how it is damaged. This is more challenging in a pedestrian accident.

Legal Consequences of Hit and Run Accidents

The legal consequences of hit-and-run accidents in DC are two-fold.

Criminal

First, there is a criminal element. The criminal law for a hit-and-run accident in Washington, D.C., provides a maximum fine of $1,000 and up to 180 days of incarceration. Unfortunately, this is a relatively weak punishment, given the trouble it can cause to a family. For example, suppose a pedestrian is struck and severely injured by a driver who flees the scene, and the pedestrian has no way of recovering compensation. In that case, the pedestrian might be left to pay exorbitant medical expenses for the emergency room visit and months of physical therapy.

Civil

The fleeing aspect of a pedestrian accident is more or less irrelevant. The fact that the driver intentionally fled the scene does not mean he deliberately caused the accident. So, if the accident was still due to negligence and not an intention to cause harm, the liability is still the same. Thus, the defendant merely has an obligation to make the plaintiff whole for his injuries. This includes covering the victim’s medical bills, lost wages, if there are any, and pain and suffering.

Of course, this is almost always covered by the defendant’s car insurance. In this way, the defendant is no more responsible and will in no way pay more money for the victim’s injuries than if he did not flee the scene so long as he is eventually identified. Of course, if he hits the pedestrian again while attempting to flee the scene, then there might be a degree of punitive damage available as a remedy.

A Call for Action and Awareness in a Hit and Run DC Pedestrian Accident

It is critical to speak with a personal injury attorney after a hit-and-run DC pedestrian accident. These are complex cases, and there is too much at stake not to have them handled promptly and effectively. Call our office today at (202) 331-7227 for a free, no-obligation consultation.