Washington, DC law is designed to protect pedestrians while recognizing that both walkers and drivers share responsibility for safety.
Pedestrians in DC generally have the right of way at marked crosswalks and many intersections, but they should always still be careful. Here are some of the primary rules and responsibilities of pedestrians and the vehicles around them. Call our experienced pedestrian accident lawyers in DC for a free consultation.
Crossing With Pedestrian Signals
Pedestrians may cross when the “WALK” signal shows, and drivers must yield. Starting to cross on a “DON’T WALK” or “WAIT” signal is not allowed.
Finishing the Crossing on Green
A pedestrian who starts crossing during a “WALK” signal should be allowed to safely finish, even if signals or traffic have changed.
Rules for Stop-Controlled and Uncontrolled Intersections
Pedestrians can cross at both marked and unmarked crosswalks at intersections, but should not step in front of an oncoming car if it is so close that the driver cannot reasonably stop.
Crossing Outside Crosswalks
When not at a crosswalk or intersection, pedestrians must yield to vehicles and cross with extra caution.
Where Pedestrians Should Walk
If there is a sidewalk, pedestrians must use it. If not, pedestrians should walk facing oncoming traffic on the left edge or shoulder of the road.
Prohibition on Diagonal Crossing
Crossing intersections diagonally is not allowed unless a sign or traffic control allows it.
Right-of-Way on Sidewalks
Pedestrians always have priority when walking on sidewalks, and cars must stop for pedestrians who are crossing driveways or alleys over the sidewalk.
Drivers Must Use Extra Caution
Drivers are required to do everything possible to avoid striking pedestrians or bicyclists, and to use particular care in the presence of children, seniors, or anyone who may not be fully alert or capable at the time.
How DC’s Contributory Negligence Rule Affects Pedestrian Claims
Washington, DC is one of the few places that still applies a strict contributory negligence rule in most personal injury cases. Under this rule, if an injured party is found even slightly (as little as 1%) at fault for causing the accident, they can be completely barred from recovering any compensation for their injuries.
However, the rule is different for pedestrians. DC has adopted legal exceptions that offer greater protection to pedestrians compared to drivers and other road users. Pedestrians, even if found partially at fault, are not always automatically barred from recovery.
Under DC law, injured pedestrians (and bicyclists) may still pursue compensation if they are found to be less than 50% at fault for the accident.
“(a) Unless the plaintiff’s negligence is a proximate cause of the plaintiff’s injury and greater than the aggregated total negligence of all the defendants that proximately caused the plaintiff’s injury, the negligence of the following shall not bar the plaintiff’s recovery in any civil action in which the plaintiff is one of the following:
“(1) A pedestrian or vulnerable user of a public highway or sidewalk involved in a collision with a motor vehicle or another vulnerable user; or
“(2) A vulnerable user of a public highway or sidewalk involved in a collision with a pedestrian.”.
As long as the pedestrian’s share of responsibility is under this threshold, they can recover damages, though those damages will be reduced in proportion to their level of fault.
What to Do After a Pedestrian Accident in DC
After a pedestrian accident in DC, your health and safety come first. Make sure you get medical attention right away, even if your injuries seem minor at first. Call the police and wait for them to arrive at the scene so there is an official accident report.
Collect contact information from any witnesses and, if possible, take photos of the scene, nearby traffic signals, and any visible injuries. Avoid speaking about fault or making statements to insurance adjusters without an DC accidnet lawyer’s advice.
If you’ve been struck while walking in DC, contact our office to schedule a free consultation with an experienced personal injury attorney.