Common Causes of Pedestrian Accidents

In addition to distracted driving, which obviously takes a driver’s attention off the road, there are some other causes of pedestrian accidents, including the following:

• • Drunk Driving – Although regional reports show a 26% decrease in impaired driving fatalities between 2023 and 2024, alcohol and drug impairment remains a critical danger on our roads.
  • Failing to Yield – Drivers who are in a rush to reach a destination may refuse to yield right of way to pedestrians at a crosswalk, which can cause an accident.
  • Left-Turning Cars – Car drivers who are turning left are often paying more attention to oncoming traffic than they are to pedestrians who are crossing an intersection. Therefore, when they turn left, they may strike a pedestrian without even realizing that person had the right of way.
  • Speeding – Driving faster than the speed limit has always been a problem, but it is deadly when it involves a pedestrian. Recent data indicates that a pedestrian struck by a vehicle traveling at 40 mph is eight times more likely to die than one struck at 20 mph.
  • Visibility – A majority of pedestrian accidents occur at night because visibility is so much worse in darkness, making it very difficult for drivers to see pedestrians. In fact, 75% of pedestrian fatalities occur after dark, with crashes on unlit roads accounting for 40% of all deaths.
  • Walking While Distracted – An increasing number of pedestrians are walking while distracted, which means they are focused on mobile phones and other electronic devices instead of focusing on the road ahead. This distraction can lead pedestrians to walk out into traffic without realizing there are oncoming vehicles, which can cause an accident.

D.C. Laws and Rights Specific to Pedestrian Crashes __________________________________________________________

Under D.C. law, pedestrians generally have the right of way at crosswalks and intersections. Historically, D.C. followed a strict contributory negligence rule, which barred recovery if the victim was even 1% at fault. However, the law has evolved.

The new Vulnerable User Collision Recovery Amendment Act allows pedestrians involved in collisions with motor vehicles to recover damages even if they were partially at fault (provided that their negligence was not the primary cause of the accident).

Types of Compensation and What You Can Recover

A successful claim can provide the financial support needed for recovery. In Washington, D.C., injured pedestrians may pursue damages for the following accident-related costs:

• Current and future medical bills
• Lost wages due to time off work
• Loss of future earning capacity
• Pain and suffering
• Emotional distress
• Loss of consortium

Statute of Limitations

Time is of the essence in legal matters. In Washington, D.C., the general statute of limitations for filing a personal injury claim is three years from the date of the accident. And although this may seem like a long time, evidence disappears quickly, so it is crucial to act fast.

How Drivers Can Avoid Pedestrian Accidents

Drivers can prevent pedestrian accidents by ensuring that they do not roll through stop signs, yield right of way to pedestrians, avoid distracted driving, obey the speed limit, and wait a few extra seconds when they are at intersections to ensure there is no one at a crosswalk.

Defenses Insurance Companies May Raise

Insurance companies often attempt to minimize payouts by claiming the pedestrian was at fault (by citing jaywalking, claiming that the victim was looking at a phone, or that the injured party otherwise failed to mitigate damages). Our team is experienced in countering these common defenses to protect your right to compensation.