Washington, D.C., is becoming greener by the year. Despite the pandemic, many people feel comfortable using public transport to get around the city. And when the weather permits, many ride bikes or walk. Walking around the bustling streets of DC may be great exercise and an opportunity to see beautiful and historic sites, but it is not without risk. Injuries in DC pedestrian accident cases occur all the time. Unfortunately, the risk to pedestrians when involved in a motor vehicle accident is substantially worse than the risk to other drivers who have the protection of their car, seatbelt, and airbags.
As personal injury lawyers with 70 years of practice in DC, we have seen virtually every type of injury from a pedestrian accident. While some are minor, they tend to lead to far worse injuries than a standard car accident. In 2023, there were 19 pedestrian fatalities compared to 20 people killed from vehicle accidents in their cars. This is despite far fewer accidents involving pedestrians than those without pedestrian victims. While we know why this is, what do the injuries look like? How much compensation can a plaintiff recover for these injuries?
We have seen countless injury types over the several hundred pedestrian accident cases we have handled. Moreover, the ultimate value for these injuries varies significantly on many factors. For example, a concussion may have $500 of pain and suffering value for one plaintiff and $50,000 for another. It depends on the severity of your concussion, if we can show distinct proof of the injury through brain imaging, any lasting effects, the coverage available from the defendant, how clear liability is, whether punitive damages are available, and much more.
While we cannot examine each type of injury sustained in a DC pedestrian accident, the injuries listed below are unfortunately suffered in most pedestrian injury cases we handle.
Head and brain injuries in DC pedestrian accident cases occur frequently. Unlike in a car, no seatbelt stops you from slamming your head forward in an accident. Nor is there a head cushion behind you to prevent you from throwing your head backward. Instead, you are likely to land your head on something solid, causing immense pain and severe injury. This type of injury is compensable, but it is complex. Brain injuries are something doctors still do not fully understand, even in 2024. What may first appear as a mild concussion can lead to death.
Moreover, compensation can be challenging to value because we do not always know how long the brain damage will last. We have had cases where the plaintiff’s migraines continued for years. But for a young man in his 20s, that does not necessarily mean it will last another 60 years. How long the pain will last is essential. You are entitled to compensation for your pain. You are also entitled to compensation for follow-up care and the cost of prescription pain medications for your migraine as it relates to your pedestrian accident.
Spinal cord injuries can lead to paralysis. Losing the ability to control your body is one of the most devastating injuries in DC pedestrian accident cases. While the potential years of physical therapy to potentially regain control of your movement are expensive, it is also excruciatingly tricky mentally. Our pedestrian accident attorneys do not take this type of injury lightly. There are also several different types of spinal cord injuries you can suffer in a pedestrian accident.
First, we must distinguish between a complete spinal cord injury (SCI) and an incomplete SCI. An incomplete SCI can result in a loss of function, ranging from only losing some function in certain body parts to moderate loss. Meanwhile, a complete SCI means all feelings and movements are lost below the level of the injury.
Moreover, where the injury occurs on your spinal cord dictates where you may lose motor function. If it is near the top of the spinal cord, you may lose function in all four limbs. Meanwhile, if you get injured closer to the bottom of your spinal cord, it may only affect your legs. Which, while debilitating, is more manageable than losing function in all four limbs. Which part of the spinal cord that is injured will depend on where you are hit and how you fall.
Bone fractures, while extremely painful and guaranteed to take weeks or months to recover, may not be as bad compared to paralysis with a spinal cord injury. However, make no mistake: bone fractures are tough to deal with and can wreak havoc on your life for months. Listed below are the injuries we see in DC pedestrian accident cases.
This is among the most common injuries in DC pedestrian accident cases, though it is also the most manageable. A soft tissue injury is simply soreness in your soft tissue. Typically, it occurs in your neck or back after a pedestrian accident.
The impact of injuries from DC pedestrian accidents goes far beyond the monetary aspect. However, because every case is unique, courts have a simplified formula to cover all the damages you suffer.
After any type of injury in a DC pedestrian accident case, it should be fully compensable so long as we can prove legal and actual causation by a preponderance of the evidence. Insurance carriers like to try to reduce your medical expenses while evaluating your case and negotiating a settlement, but the law does not support this.
Lost wages are something an excellent personal injury attorney will make clear to their client from the start. If your treating physician does not excuse you, you should not miss time from work. This is because the law does not support recovery for missed wages unless it is excused by a doctor and causally related to your accident. Missing time from work is a challenging aspect of personal injury cases, as not everyone can afford to miss work. However, if your injury is severe enough, you may not have a choice.
The amount a jury will award you for pain and suffering depends on the extent of your injuries. However, it is not always so simple in practice. One jury that sits through your trial may award a completely separate amount from another group of jurors. This is part of the game, as juries are sometimes unpredictable. A jury’s award is known as a verdict. Then, a judge must affirm the verdict, known as a judgment.
For more complex cases involving long-term disabilities, your attorney will fight to ensure you are compensated for all future pain and suffering as well as past.
Speak with an attorney immediately after your pedestrian accident to discuss injuries in DC pedestrian accident cases and how you might recover compensation in your case. When you are in a severe accident, you want someone fighting for you. Our trusted attorneys have over 70 years of experience handling accident cases in Washington, D.C. Our attorneys offer free, no-obligation consultations, and our phones are open 24/7 at (202) 331-7227.