Thousands of runners grace the sidewalks of Washington, D.C., every day. Whether near the National Mall, Georgetown, or one of the other beautiful neighborhoods in DC, the options for where to run are abundant. Especially in the warmer months when cherry blossoms are blooming, it is arguably one of the best cities for running in the country. But with all the good, there is danger. Even if you take all precautions, drivers do not always see runners. Or if they do, they do not account for how fast you are running when making a turn. The coexistence of cars, trucks, buses, and even bicycles brings about an important issue. Pedestrians, especially runners, have no protective gear whatsoever. While a prudent runner will wear gear to be more visible to drivers, the results can be catastrophic if you are involved in an accident.
Below, we will introduce preventive measures recommended for all runners to help avoid pedestrian accidents in DC. We will also discuss the common causes of runners and pedestrian accidents in DC. The laws for runners in the District are unique. While cities are progressing towards being more “green”, the laws sometimes conflict with that goal. Then, we will advise you on how to handle a pedestrian accident if you are struck by a vehicle. This comprehensive guide aims to shed light on the essential aspects of runners and pedestrian safety in Washington, DC.
As personal injury lawyers in DC, we handle all types of accident cases, many of which involve motor vehicles. While most of these accidents involve other cars, many also involve runners. Runners are most often hit in crosswalks. We have handled countless cases where a car turns left in a busy intersection and hits a runner they never saw in the crosswalk. Naturally, the driver is at fault in this scenario. The driver has a duty to maintain reasonable control of his car.
By not accounting for and crashing into a runner, he has breached that duty, causing you injury. The issue is that a slower-walking group of people is easy to spot. But a runner might turn around a corner or otherwise out of the driver’s line of sight until the driver is already making the turn to beat oncoming traffic. When oncoming traffic is closing in, and the runner appears in his line of sight, it is already too late.
Beyond this common scenario, there are other classic instances to watch out for as a runner.
Distracted drivers plague everyone around them. This is true for other drivers as much as it is for runners avoiding a pedestrian accident. Whether the driver is texting, on the phone, or fiddling with the radio, anything that takes their eyes off the road and into a runner, injuring them, requires justice.
In parts of Washington, D.C., traffic signals require all traffic to halt so pedestrians may cross. Runners, who may not wish to break pace, often time these crosswalks perfectly. On the other hand, you have impatient drivers who may run the red light by one second. But in a pedestrian accident, one second is all it takes to cause fatal results.
There are running lanes interspersed throughout DC. A careless driver may accidentally float into the running lane and hit a runner. This may be because of distracted driving or because of speeding. Whatever the cause, driving into a runner’s lane is almost guaranteed to cause an accident.
This may surprise some, but the mere fact that a vehicle hits a runner does not mean the runner is entitled to compensation. We must prove negligence on the part of the defendant driver. But almost just as important as that, in these cases, you must also not have been contributorily negligent. If you were even 1% negligent in the accident, you are unable to recover damages. The good news is that we do not have to prove that you were not contributorily negligent. Rather, the defense raises contributory negligence as an affirmative defense. This means it is up to them to prove that you were also negligent, which is more difficult than us having to prove that you were not.
An example of being contributorily negligent as a runner in DC is if you are caught jaywalking. While there is no question that a driver is negligent if he hits you while jaywalking in the street, you may be unable to recover under this defense. It is a very harsh rule, and DC enforces it in a small minority of jurisdictions. Fortunately, there are limited exceptions that may be applicable in your case. This is why you should call our office immediately to discuss your options.
The laws in DC get complex very quickly regarding running and pedestrian accidents. What does the law say if there is no sidewalk? Can you then run in the street? What if you are running on the wrong side of the road? Did you know about curfew laws if you are running at night and you are under 18?
In general, you are meant to run on the right side of the road in instances where a sidewalk is not provided. But the fact that you are running on the wrong side of the road should not, by itself, bar recovery. The last clear chance doctrine may still provide a means to recovery, though it is a narrow exception to the contributory negligence doctrine applicable in DC.
Between 2017 and 2021, pedestrians accounted for 36% of all traffic fatalities. While pedestrian accidents are far outnumbered by vehicle-on-vehicle accidents, the obvious lack of safety technology available to runners leads to such a high number of deaths. While avoiding an accident is sometimes out of your control, here is a list of steps to take as a runner to reduce the number of pedestrian accidents.
Our DC personal injury lawyers have been handling injury cases since 1954. With seven decades of experience in Washington, D.C., we are proud to continue to serve its residents. Call us today at (202) 331-7227.