Contributory negligence in a DC truck accident case is a powerful defense to be aware of. Washington, D.C., and four other jurisdictions in the United States follow a contributory negligence standard. This means you are barred from recovery if a jury finds you even 1% responsible for causing the accident. While predicting what a jury decides is impossible to do with certainty, we can make grounded predictions. If our attorneys determine that you are contributorily negligent in your accident, you may still have options. Our highly experienced lawyers, who have handled over 10,000 accident cases since our founding in 1954, know the loopholes to this tough defense. That is not to say that every case is winnable, but we will leave no stone unturned in winning you compensation for your injuries.
A contributory negligence defense is a complete defense. However, the burden is on the defendant’s legal team to raise this defense. While the burden is traditionally on the plaintiff to prove the defendant acted negligently, the defendant must do the same in raising this defense. Understanding the doctrine of contributory negligence in a DC truck accident is critical to obtaining fair compensation. Your statements to the insurance company may later be used against you to support their affirmative defense. Thus, consulting with an attorney as early in the process as possible is not just important; it’s imperative. When you call our firm, we will negotiate a full settlement for your claim. We will go to trial if we cannot reach an amicable resolution.
In any scenario where the plaintiff is even 1% responsible for causing the accident, there is contributory negligence.
When a semi-truck collides with a pedestrian, catastrophe ensues. There is almost a guarantee that, at the least, the pedestrian will be severely injured. At worst, the accident will be fatal. But does that mean the trucker is always at fault? Can the pedestrian do something to make his estate liable for the damages to the truck rather than vice versa? The answer depends on the facts of the case. If the trucker hits a pedestrian, walking in the middle of the road in a painted crosswalk, the trucker is most likely at fault, and the pedestrian’s estate has a wrongful death claim against the trucker.
But what if the pedestrian is in the middle of the road but is not in a painted crosswalk? There is such a thing as a statutory crosswalk in DC, but we will assume it is not present either. The pedestrian would share some liability because he is jaywalking. A jury would likely find him to be somewhat responsible. However, the doctrine of the last clear chance would flip total liability back to the trucker. As an additional scenario involving pedestrian error, a pedestrian may be 100% at fault. For example, suppose a trucker is driving through a green light below the speed limit. If a pedestrian steps out in front of the trucker at the last moment, there is nothing the trucker can do.
The trucker behaves as any reasonably prudent, professional truck driver would in similar circumstances. There is no breach of the duty owed to the pedestrian who was on the sidewalk until the last moment. Thus, the trucker’s insurance could recover from the pedestrian.
If another motorist is involved and is contributorily negligent in a DC truck accident, the trucker’s right to recovery may be barred. For example, suppose you are driving your car and trying to get around a speeding truck. Because the truck is speeding, they technically cannot make a claim. However, there are two issues with that defense. First, proving that they were speeding after the fact is difficult. Our skilled truck accident attorneys can do it in certain situations. If you are close enough to a timed traffic light, we can extrapolate how fast you must have been driving to get to where you were in the accident. The second issue with the defense is, once again, the doctrine of the last clear chance.
While narrow, this exception to a contributory negligence defense can allow you to obtain just compensation.
This is similar to speeding. Of course, any driver texting on their phone, fiddling with the radio, or otherwise not paying attention to the road is negligent. However, the same two issues will arise. First, proving that the plaintiff was on their phone is difficult unless the defendant has a dash camera showing that the driver’s eyes were on something other than the road. Second, the question for a jury will be whether the distraction caused the accident. Suppose you, as the plaintiff in your DC truck accident, were driving under the speed limit and safely in your lane, but you were texting and driving when the defendant rear-ended you.
Does that qualify as contributory negligence in a DC truck accident? The answer is no, so long as the distracted driving is not the cause. In the case of a rear-end accident, it is hard to imagine a scenario where distracted driving caused the driver to be rear-ended. However, there are other scenarios where distracted driving may have affected your accident. For example, if you are texting and driving, causing you to drift into another lane, and another car is speeding through that lane and rear-ends the right half of your bumper, you may be unable to make a claim. Of course, we can argue that the defendant had the last clear chance to avoid the accident. However, that will depend on how much time he had to react before you merged.
For questions on contributory negligence in a DC truck accident related to distracted driving, contact our office with any questions.
Contributory negligence can significantly impact compensation in your DC truck accident. It is a complete defense, which means it acts as a total bar to recovery. Thus, even if you are injured, contributory negligence may leave you without compensation unless we can utilize the last clear chance doctrine. Of course, a skilled attorney may be able to find loopholes in the facts of your case and create a strong argument for your compensation. This defense is highly fact-dependent. As always, your best course of action is to speak with an experienced attorney. Our consultations are always free, and we can advise you on the next steps, whether you have a case or not.
The best course of action to avoid contributory negligence in a DC truck accident is to remain prudent. If you are found to be contributorily negligent in a truck accident in court, you breached some duty owed to the defendant. No jury will find you contributorily negligent by simply behaving as a reasonably prudent person in like circumstances. Accordingly, you will not lose your right to compensation.
Contributory negligence is a harrowing defense for a personal injury plaintiff. In the large majority of states, this defense does not exist. However, with the assistance of a personal injury attorney at Gelb & Gelb, we can help you get the compensation you deserve.
If you have any questions regarding contributory negligence in a DC truck accident, call our office immediately at (202) 331-7227. We look forward to speaking with you.
Gelb & Gelb, P.C.
N/a
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.