Pedestrian Accident

Two Killed in Fatal Washington D.C. Hit and Run at the National Mall

August 20, 2023 | Lebowitz & Mzhen

Hit-and-run accidents are often characterized by certain specific factors. Common characteristics include the crash having few witnesses and or poor lighting. If there are many witnesses or the scene is highly visible, people are less likely to flee the scene of a crash. Relatedly, people are much more likely to flee a crash between the hours of midnight and 4:00 am, than between 8:00 am and 11:59 am. This is due to a host of reasons, but one explanation is that nighttime drivers generally engage in more risky behavior. A recent article described a hit-and-run accident involving a truck and a motorcycle.

The recent article described how a fatal hit-and-run collision unfolded on Thursday, July 13. Around 1:30 pm, Secret Service agents stopped the driver of the vehicle at the corner of 17th Street NW and Constitution Avenue over an alleged expired registration. According to the Secret Service, the unidentified driver allegedly signaled he would slow down and pull over, but just before he stopped, he sped up. After speeding up, the driver allegedly crossed through a red traffic signal light and struck two people before driving away from the scene. The victims were a 75-year-old man from Philadelphia and a 13-year-old girl according to the U.S. Park Police. The 75-year-old man was pronounced dead at a nearby hospital while the 13-year-old girl was treated at the scene and released.

What is the Definition of a Hit and Run Accident?

The AAA Foundation for Traffic Safety defines hit-and-run accidents as collisions in which at least one person involved in the crash flees the scene before offering any (or sufficient) information or aid to the other involved person(s) or fails to properly report the crash. Hit-and-run accidents are a major issue for a number of reasons, but in particular, they can increase the severity of outcomes given delays or the complete absence of medical attention for the victims. As of 2017, the AAA Foundation for Traffic Safety has found that both the rate and fatality levels of hit-and-run collisions are on the rise. There were an estimated 737,100 hit-and-run crashes in 2015 (NHTSA, 2016). This translates to a hit-and-run crash happening somewhere in the U.S. every 43 seconds. The 2,049 fatalities that resulted from hit-and-run crashes in 2016 were the highest number recorded up to that point.

Couple Killed in Pedestrian Accident

November 17, 2022 | Lebowitz & Mzhen

Many areas with heavy foot traffic see an unfortunate number of pedestrian accidents. In particular, large events can bring hundreds of people to a single location at once. Washington D.C. is a city where a major event is always happening. However, without adequate precautions in place, pedestrians may not be safe from oncoming traffic. Pedestrian accidents may be the result of distracted driving, excessive speeding, or a failure of the premises to implement safety measures such as crosswalks or crossing guards. Too often, these incidents can lead to serious injury or even death.

Recently, a couple was killed following a pedestrian accident in Gaithersburg, Maryland. According to a local news article, the accident occurred on the morning of Election Day outside a polling center. The two victims were walking into the polling place when they were struck by an oncoming vehicle. Both victims were transported to the hospital, where they later died from their injuries. As one local resident explained, multiple accidents involving excessive speeding had occurred on the road near the polling center, which is also a local elementary school.

How Can Drivers and Local Premises Avoid Fatal Pedestrian Accidents?

Accident at Popular Washington, D.C. Lunch Spot Leaves Two Dead

March 31, 2022 | Lebowitz & Mzhen

During the course of COVID-19, outdoor dining has become even more popular than ever before because of social distancing and public health measures. For many restaurants and businesses, incorporating an outdoor dining option has become a means of survival. Now, more than two years into the pandemic, dining outdoors is as popular as ever. For a lot of restaurants in busy metropolitan areas, however, these outdoor dining areas are often located only inches away from busy streets and often share their space with cars passing by. What happens when a passing vehicle crashes into the dining area and causes a major accident?

According to a recent local news report, two individuals died after a driver crashed his vehicle outside a restaurant in Washington, D.C. Around lunchtime on a busy Friday last week, an older driver lost control of his car and crashed into an outdoor seating area. 11 people were injured in total and eight individuals were transferred to local hospitals. Two individuals died, and at least three are facing life-threatening injuries. According to nearby witnesses, the car accelerated outside the restaurant and drove straight into the outdoor seating area. The driver responsible for the accident was seen driving through a parking lot adjacent to the restaurant at a high speed just moments before the collision. The accident remains under investigation and the driver responsible for the collision is cooperating with the authorities.

Unfortunately, this tragic collision in Washington, D.C. was not the first of its kind. With the weather warming up and more people choosing to dine outside than ever, several similar accidents have taken place around the country. To keep yourself safe, it is crucial that you understand what steps to take following an incident like this.

Proposals for Pedestrian Safety in Washington, D.C.

December 25, 2021 | Lebowitz & Mzhen

Unfortunately, pedestrian accidents are becoming increasingly common in Washington, D.C. Many accidents are occurring as children are walking to school, along with at night once it turns dark. As safety is a number one concern for most people—politicians, parents, and D.C. citizens alike—implementing safety measures to reduce pedestrian accidents is a must. Below are some proposals to make the D.C. streets safer and reduce pedestrian accident deaths, along with what to do if someone is involved in a pedestrian accident.

The below proposals have been recommended after a nine-year-old child was injured in Southeast Washington, D.C. last week. The child was crossing the street when she was struck by a car outside a church by an oncoming vehicle.

Proposals in D.C. City Council

Various members of the Washington, D.C. city council have proposed bills to address pedestrian deaths and injuries. One proposal is the “Walk Without Worry Amendment Act” which will create more raised crosswalks and intersections throughout the city. A raised crosswalk is a ramped speed table to reduce vehicle speed. Raised crosswalks help to reduce pedestrian accidents as it is easier for drivers to see pedestrians—both during the day and at night—and thus fewer incidents occur.

Staying Safe as a Maryland Pedestrian This Holiday Season

December 16, 2021 | Lebowitz & Mzhen

With the holidays in full swing, more foot traffic is only natural. Whether people are bustling to add finishing touches to their holiday gatherings and decorations or rushing to buy gifts for their loved ones and friends, things are always more chaotic this time of year both on the sidewalks and the streets. Whether you plan to get around this holiday by car, foot, or some combination of both, it is crucial that you remain vigilant and proactive to keep yourself and others safe.

According to a recent local news report, a nine-year-old boy is on life support after being hit by a car. Local authorities reported that the boy was leaving school on a Friday afternoon when he was hit. Police noted that the boy was attempting to cross the street to meet an adult but was not in a crosswalk when he was hit. He was found unconscious and not breathing on the scene when authorities arrived. The driver stayed on the scene following the accident and is cooperating, but it is unclear if speed was a factor in the accident. The accident remains under investigation.

How common are Maryland pedestrian accidents?

Every year, pedestrian fatalities comprise approximately 20 percent of all traffic deaths in Maryland. In addition, nearly 3,000 Maryland pedestrians are injured and 400 are struck by vehicles annually. Among individuals who are at the highest risk of getting into a pedestrian accident, pedestrians who are between the ages of five and fifteen are at the greatest risk of injuries. In fact, nearly 30 percent of injured pedestrians are under the age of 15.

Accident in Adams Morgan Neighborhood of Washington, D.C. Causes Pedestrian’s Death

November 24, 2021 | Lebowitz & Mzhen

Pedestrian accidents can occur for many reasons: the driver’s impaired vision, lack of focus, or even taking substances while driving. When someone is hurt—or worse, killed—in a pedestrian accident, the police will investigate the incident and determine whether or not to bring criminal charges against the driver. Regardless of this decision, individuals may still want to bring a civil lawsuit against the driver. However, there are important distinctions between a criminal case and a civil, wrongful death lawsuit when someone has been killed in a pedestrian accident in Washington, D.C.

Recently in the Adams Morgan neighborhood of Northwest D.C., a woman was hit and killed while crossing the street. According to a local news report, the 24-year-old was crossing a road when she was struck and became trapped under the vehicle. While she was pulled from underneath the car and rushed to the local hospital, she passed away. Police are still investigating the incident, and it is unclear at this time whether the driver of the vehicle will face charges.

In accidents like the one described above, a personal representative of a person killed in a pedestrian accident can bring a lawsuit against the responsible individual—even if criminal charges are not filed. Although there are many similarities between a wrongful death lawsuit and a criminal case stemming from the same accident, there are critical differences individuals should be aware of.

Bringing a Lawsuit After a Washington, D.C. Pedestrian Accident

October 24, 2021 | Lebowitz & Mzhen

In cities such as Washington, D.C., walking to work and school is very common. Unfortunately, because of this, pedestrian accidents are also more prevalent. These devastating crashes occur when a driver hits a person walking, with injuries that can be extremely severe. When someone is injured or killed in a pedestrian accident in D.C., a lawsuit can be brought to financially compensate the victim for the accident. Below are statistics about pedestrian accidents, along with the basic information on bringing a personal injury lawsuit.

Recently in Washington, D.C., two children and their father were injured as they were walking to school on National Walk to School Day. The man and his children were walking when a driver attempted to turn and drove directly into them. All three pedestrians were severely injured: one of the children broke her leg, the other sustained major facial injuries, and the father suffered a broken ankle after being dragged by the car. D.C. police have not said yet whether the driver will be charged.

According to the Insurance Institute for Highway Safety, pedestrian motor vehicle crash deaths have increased by 51 percent over the last ten years. Additionally, these accidents account for 17 percent of all deaths from crashes. In 2019, over 6,000 pedestrians died in an accident involving a motor vehicle, and over seventy percent of pedestrians killed in 2019 were males.

Recovering After a Washington D.C. Pedestrian Accident

December 27, 2018 | Lebowitz & Mzhen

In addition to the White House, Supreme Court building, and the U.S. Capitol building, Washington, D.C. contains some of the country’s most treasured monuments, museums, and parks – all within a dense and very walkable area. At the same time, many people who work in the District commute from the suburbs of Maryland and Virginia. Thus, on any given day the city shares its streets with large amounts of both pedestrians and vehicles.

As a result, Washington, D.C. sees a large number of accidents between cars and pedestrians each year. Indeed, according to recent government estimates there are approximately 1,000 Washington, D.C. pedestrian accidents annually, with an average of more than a dozen resulting in death.

Following a fatal Washington, D.C. car accident, the surviving loved ones of the accident victims may be able to obtain compensation for their loss through a Washington, D.C. wrongful death lawsuit. A Washington. D.C. wrongful death lawsuit must be brought by the personal representative of the accident victim’s estate, and is brought on behalf of the surviving spouse or domestic partner. If the deceased was unmarried, the claim will be brought on behalf of their next of kin, which can include children, parents or siblings. Proving a wrongful death case is similar to proving any other personal injury case in that the plaintiff must show that the defendant’s negligent act resulted in the death of their loved one. Depending on the circumstances surrounding the accident, this may require the testimony of one or more expert witnesses to explain any complex issues to the jury.

Court Determines Employer Does Not Have a Duty to Protect Employee-Plaintiff Outside the Scope of Employment

June 18, 2018 | Lebowitz & Mzhen

Recently, a state appellate court issued an opinion in a wrongful death case brought by the estate of a woman who was hit by a train after being told to leave her workplace while intoxicated. The court had to determine if the estate could prevail in a negligence lawsuit based on the fact that the woman’s employer provided her with alcohol, knowing she was an alcoholic, and then ejected her from the premises. Ultimately, the court concluded that the duty an employer owes to an employee does not extend beyond the scope of employment and rejected the estate’s lawsuit.

The case presents an interesting issue for employees injured in Washington, D.C. workplace accidents that were caused by a third party.

The Facts of the Case

The deceased employee worked for a company that maintained a bar on the premises. Employees were encouraged to stay after work and have a drink, in hopes that the employees would stay at work longer and produce more output.

Court Finds Church Does Not Have Duty to Assist Parishioners from Parking Lot into Church

December 4, 2017 | Lebowitz & Mzhen

In all Washington, D.C. premises liability cases, one of the key issues that must be resolved is whether the defendant landowner violated a duty of care that it owed to the plaintiff. As a general rule, a duty of care exists any time someone enters another party’s land with the landowner’s permission. The question then often becomes whether the defendant knew about the hazard that caused the plaintiff’s injuries.

In some situations, a plaintiff may bring a premises liability lawsuit against a landowner for injuries that did not occur on that party’s property. The general rule in these cases is that there is not a duty to protect someone once they leave – or before they enter – a landowner’s property. However, if a plaintiff is able to establish that the landowner, through their conduct, assumed a duty of care, a plaintiff may be able to proceed with their lawsuit.

A recent case discusses the later situation in the context of an accident that occurred while a parishioner was crossing the street from an off-site church parking lot.