After a pedestrian accident in Washington, DC, seek medical attention right away, whether or not you feel pain. Call 911 to get emergency services and make sure law enforcement responds so an official report of the scene is made. Ask for an ambulance if anything feels off, and do not leave before your identity and a brief statement are included in the police documentation.
Police and doctors create essential evidence for both your recovery and any claim you may file later.
Take photos of injuries, all vehicles, and any details on the road. Collect contact information from all involved and any witnesses as well so your pedestrian accident lawyer in Washington, D.C., can speak with them later.
Also, be careful what you say after the accident, as it could potentially be twisted and used against you in your claim. Even just apologizing might be spun to try to argue that you were saying sorry because you knew you were responsible for the accident.
Always just stick to the facts when telling the police what happened, and don’t talk about what you think your role in the accident may have been.
How Insurance Claims Work After a Pedestrian Accident
Navigating the insurance process after a pedestrian accident in DC means understanding how coverage works and how you can get the compensation you need for your injuries and other losses.
Driver’s Auto Insurance Coverage
In most cases, an injured pedestrian will seek compensation from the at-fault driver’s auto liability policy. This coverage can pay for medical bills, lost wages, and pain and suffering. You must show through evidence, like medical reports, witnesses, police findings, that the driver’s actions directly caused your injuries.
Uninsured and Underinsured Motorist Issues
Problems come up if the driver is uninsured, flees the scene, or your losses exceed their coverage limits. If you own a car or live with family who have insurance, your uninsured/underinsured motorist policy may kick in.
Claiming under your own policy brings its own rules, and your insurance company might push back, making it important to speak with a personal injury attorney right away.
Medical Payments and Health Insurance Coordination
Some auto policies contain “med pay,” which covers immediate expenses regardless of fault, but usually with low limits. Your health insurance may cover accident injuries after an accident as well. Your attorney can help you coordinate between auto and medical insurance policies.
How Washington, DC’s Contributory Negligence Rule Affects Your Case
Normally, DC uses contributory negligence, which means you can be denied all compensation if you share even a small amount of fault for the accident.
However, DC law limits how contributory negligence applies to vulnerable road users, including pedestrians, allowing recovery unless the pedestrian’s negligence was greater than the combined negligence of the driver or drivers involved.
This means if you are found less than 50% at fault, you can still recover damages, with your award reduced by your share of responsibility.
- 50–2204.52. Contributory negligence limitation.
(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.
While this opens the door to fairer recovery options for pedestrians, you must still be prepared for insurance lawyers to push back and argue that you were at least partially responsible for the accident.
If you have questions about your case or what to do next, our team of Washington, DC, personal injury attorneys is here to help. Call Lightfoot Law today to schedule a free consultation with a Washington, DC, pedestrian accident lawyer.