While pedestrians are heavily protected under Washington, D.C., law, they do not automatically have the right of way in every situation. Who has the right of way depends on a number of factors, including whether the pedestrian is at a crosswalk or crossing legally, and the actions of both the driver and the pedestrian. Reach out to our pedestrian accident lawyer in Washington, DC at (202) 919-5453 for a free case evaluation today.
When Do Pedestrians Have the Right of Way in DC?
Pedestrians generally have the right of way in the following situations:
Pedestrians in Marked Crosswalks
Drivers are legally required to stop and yield to pedestrians crossing legally in clearly marked crosswalks. This law aims to make busy streets safer for foot traffic. However, many crosswalk accidents happen anyway, often because distracted driving, illegal turns, or vehicles clogging the crosswalk can put pedestrians at risk.
Pedestrians in Unmarked Crosswalks
Under DC law, crosswalks technically exist at almost every intersection, even if you don’t see painted lines marking the area. Drivers still have a duty to yield to pedestrians crossing at intersections that don’t have lines.
Pedestrians on Sidewalks
Special rules protect pedestrians who are on sidewalks, especially near driveways, parking lot entrances, alleys, or private property exits. If a driver is entering or exiting through one of these areas, they have to yield to any pedestrian using the sidewalk.
Pedestrians and Turning Vehicles
If a vehicle is turning left or right at an intersection, the driver must yield to any pedestrian already lawfully crossing the street. This is true whether pedestrians are using a marked crosswalk or an unmarked one at an intersection.
When Must Pedestrians Yield to Vehicles?
There are some situations in which pedestrians will need to yield to vehicles. This generally includes:
Crossing Outside a Crosswalk (Jaywalking)
When pedestrians try to cross streets at locations that aren’t designated crosswalks, commonly called “jaywalking,” responsibility typically shifts and they must yield to vehicles. A driver isn’t going to expect a pedestrian to be crossing at a place where they aren’t legally allowed to do so, so the responsibility falls on the pedestrian to be careful and avoid vehicles.
Pedestrian Signal Violations
Pedestrians are obligated to follow crosswalk signals and traffic devices. If someone enters a crosswalk against a “Don’t Walk” or solid red pedestrian hand, they are breaking DC’s traffic laws and could be considered at fault if an accident occurs.
Stepping Into Traffic Unexpectedly
Pedestrians may not leave a curb or other place of safety and step into the street when there isn’t reasonably sufficient time for an oncoming vehicle to stop. DC law acknowledges that drivers can’t prevent every accident arising from truly unpredictable foot traffic.
While DC laws robustly defend pedestrian safety, there is nothing in place that automatically protects pedestrians in all situations.
What Happens If Both the Driver and Pedestrian Share Fault?
In Washington, D.C., traditional contributory negligence rules made it very hard for injured pedestrians to recover damages if they were at all responsible for the accident or their injuries. The law now treats pedestrians as “vulnerable road users,” and modified comparative negligence applies instead.
This means that if a pedestrian is partially at fault for their own accident, they can still collect damages from the other party who was more responsible. Any award would just be reduced by the pedestrian’s percentage of liability. If the pedestrian is more than 50% at fault, they cannot recover under this rule.
So, for example, if a pedestrian is found 40% at fault for entering the street without warning, but the driver is 60% at fault for speeding and running a red light, the pedestrian can recover compensation reduced by 40%.
If you were injured as a pedestrian and you have questions about the law or how you can recover compensation for your losses, contact our team today to schedule a free consultation.