Washington DC Injury Lawyer Blog

Wrongful Death and Personal Injury Claims After Washington, D.C Accident with a Police Vehicle

September 30, 2021 | Lebowitz & Mzhen

High-speed chases are an unfortunate yet common part of law enforcement duties in the United States. While these pursuits may be necessary, they also involve a significant amount of risk to anyone in the vicinity of the pursuit, such as the fleeing suspect, their passengers, pedestrians, bystanders, and other motorists. Although the essential purpose of a high-speed pursuit is to apprehend a fleeing suspect, officers should evaluate whether they can accomplish this apprehension by safer alternatives. The heavy flow of traffic and the number of bikers and pedestrians make high-speed police pursuits in Washington D.C. a dangerous prospect.

For instance, federal prosecutors in Washington D.C. recently charged an officer with various criminal charges following the death of a 20-year-old moped driver. According to one news source, police were pursuing the man because he rode his moped on a sidewalk without a helmet. The chase ensued into an alley, and when the man was exiting the narrow road, he slammed into another vehicle. Under Washington D.C. police regulations, officers cannot engage in a high-speed pursuit over minor traffic violations. The officers involved in the accident pleaded not guilty.

While the above report focuses on the criminal charges, these situations often elicit civil personal injury and wrongful death claims against law enforcement agencies. Unlike other types of accidents, those involve police cars typically involve complex governmental immunity laws. The Metropolitan Police Department police pursuit laws maintain that officers engaged in a pursuit must consider protecting human life and property. These officers must continually assess the conditions of the pursuit to determine whether to continue to stop the vehicle chase.

Dangerous Roadway Accidents in Washington D.C.

September 23, 2021 | Lebowitz & Mzhen

Washington D.C has a robust public transportation system and a growing cohort of cyclists; however, driving is still the most popular mode of transportation throughout the city. Thousands of people commute into Washington D.C. for work, business, and leisure. The growing number of cars, especially as schools and offices require in-person attendance, results in congested roadways. As such, Washingtonians and visitors are at risk of being involved in a car accident.

According to some reports, motorists driving in Washington D.C. are twice as likely to be involved in an accident compared to the national rate. While an accident can occur at any location, some Washington D.C. roadways and intersections are the sites of many accidents. These roadways and intersections include New York Ave. and Florida Avenue NE, 14th Street and U Street, NW, Pennsylvania Ave. and 12th Street, NW, 18th Street and Columbia Road, NW, and Pennsylvania Ave Anacostia Freeway SE.

These accidents can have devastating consequences on motorists, passengers, bystanders, pedestrians, and cyclists. For instance, Washington D.C. news sources recently described the tragic death of a 5-year-old girl. The report explained that the 5-year-old girl died while riding her bike near 14th and Irving Street, NE. Witnesses stated that the girl could not stop her bicycle and entered the intersection into the path of a Transit van crossing the area. The community gathered and is demanding changes to traffic safety in their area.

Recovering from a Washington, D.C. Wrongful Death Accident

September 16, 2021 | Lebowitz & Mzhen

As drivers, we all try to maximize safety when navigating the road. Sometimes, however, there are things we cannot control. Even the most proactive and careful of drivers may experience bad weather, poor road conditions, or reckless drivers—all of which can have devastating consequences.

When a car accident takes place because of the negligence of another person, however, and the accident results in physical injury, significant property damage, or even death, those who are responsible can be held accountable for their negligent behavior.

According to a recent news report, three people were killed after a deadly head-on car accident. Police on the scene reported that a Chevrolet was going more than 100 miles per hour when it plowed into another vehicle heading in the opposite direction. The Chevrolet was speeding east in westbound lanes when it crashed head-on into a Toyota. Both drivers were pronounced dead at the scene, along with an additional passenger of the Chevrolet. Debris from the car accident also disabled a third vehicle, but the driver and its passenger did not need to be transported to the hospital for treatment. The investigation remains ongoing.

Recovering from a Washington, D.C. Chain Reaction Car Accident

September 9, 2021 | Lebowitz & Mzhen

Chain reaction car accidents, which usually involve multiple parties, can often result in a long trail of collisions and murky chains of liability. Because these collisions often involve apportioning different amounts of fault to various parties involved, it is crucial that D.C. drivers are aware of preventive and legal steps they can take to best protect themselves in the event that they are involved in a multiple-vehicle crash.

According to a recent local news report, a major chain reaction collision between a car and a school bus resulted in five subsequent crashes. Montgomery County police’s investigation revealed that the driver of a Mitsubishi struck another vehicle and fled the scene. The Mitsubishi then subsequently rear-ended a Metro bus and fled the scene again before crashing into a school bus. The drivers of both buses were transported to a local hospital with non-life-threatening injuries, while the driver of the Mitsubishi was transported to a separate hospital and in critical condition.

How Do You Prove Fault in a Multi-Vehicle Accident?

When it comes to establishing fault in a chain reaction accident, the driver who causes the initial collision is typically who is considered responsible. Although circumstances of different accidents may mean that different crash scenarios yield different or multiple at-fault parties, the general rule of thumb is that the driver who instigates the initial crash is also responsible for the multiple collisions that take place after. Sometimes, however, various parties involved in a crash may be deemed at fault. Other times, when it is clear that one individual caused multiple accidents, one party can be held responsible for all of the crashes that take place after the first one.

Autopilot Function Can Pose a Deadly Threat to Washington D.C. Drivers

August 31, 2021 | Lebowitz & Mzhen

In conjunction with safety advocates, national news reports have continually reported the dangers associated with vehicles operating on Autopilot. However, the Washington D.C. Center for Auto Safety has amped up its efforts to address the concerning number of accidents involving self-driving vehicles. These accidents are occurring throughout the country and have been a cause of concern for Washington, D.C. drivers.

Recently, the New York Times highlighted a Tesla autopilot crash that took the life of a 22-year-old college student. In that case, a Florida finance executive was operating his Tesla on “Autopilot” mode when he bent down to look for his cell phone. Tesla claims that the Autopilot system can steer, brake, and accelerate a car using advanced sensors and other technology. On the night of the accident, the 22-year-old was on a date with a man driving his mother’s SUV. The driver pulled over on the shoulder, and as the woman was exiting the vehicle, the Tesla slammed into the SUV. It is unclear whether the vehicle increased its speed or if the driver raised the speed. However, evidence suggests that the Tesla driver slammed on the brakes about a second before the collision. The woman’s estate filed a lawsuit against Tesla, claiming that their vehicles are “unsafe and defective.” The estate settled the claim for an undisclosed amount with the Tesla driver.

Similar to other accidents involving Tesla’s Autopilot function, it does not appear that the system did much to ensure that the driver was paying attention to his surroundings. While Tesla reports that the company has recently implemented an in-car camera system to detect and monitor drivers, it is unclear how effective the technology is while the vehicle is dark. In contrast, other companies use different technology to monitor drivers. With those systems, drivers who look away for more than two seconds will receive a warning that alerts them to look ahead. If a driver does not comply, the self-driving technology will shut off and alert the driver to take control of the vehicle.

Are You Considering a Settlement After a D.C. Personal Injury Accident?

August 25, 2021 | Lebowitz & Mzhen

Settlements are agreements to resolve a lawsuit or a dispute through the terms of the agreement. In most agreements, the parties agree not to admit any wrongdoing. The amount of compensation and terms of the agreement may be confidential, as well as other details about the case. In fact, these days most civil cases are resolved through a settlement.

How Does the Personal Injury Settlement Process Work?

After a D.C. injury case, the parties reach out to one another to discuss a settlement—and in some cases, a court may require the parties to discuss settling the case. Settlements may allow the parties to avoid the time and stress of a prolonged court proceeding, which could take years in some cases. Courts often encourage settlements because it allows courts to conserve their resources for cases in which no agreement can be reached. But the parties must come to an agreement voluntarily. They cannot be forced into an agreement.

Some settlements also require the approval of a court. In Washington, D.C., if a person entitled to file or defend a claim on behalf of a minor child agrees to settle the case, a court must approve the settlement after details of the injuries, costs, and the settlement are provided to the court. There also may be a hearing on the matter.

Rollaway Accidents Are a Continuing Concern in Washington D.C.

August 18, 2021 | Lebowitz & Mzhen

The National Highway Traffic Safety Administration (NHTSA) reports that rollaway accidents cause nearly 2000 injuries and 150 deaths every year in the United States. Families are taking to Washington D.C. to address the growing concern of rollaway accidents. Rollaway accidents occur when a vehicle moves without a driver controlling the vehicle. Many newer vehicles are equipped with a brake transmission safety interlock (BTSI). This system prevents a vehicle from shifting from park to drive unless the engine is on and a foot is on the brake. Before this technology, vehicles could shift gears when the car was off, and there was no foot on the brake.

Safety officials mandated this system after several rollaway accidents. The federal guidelines mandate that all cars manufactured after 2010 must have this equipment.

Despite the new technology, these rollaway accidents continue to occur in Washington D.C. The leading cause of rollaway accidents involves:

Failure to Warn Washington D.C. Product Liability Claims

August 11, 2021 | Lebowitz & Mzhen

Washington D.C product liability claims generally arise after a person suffers injuries or dies because of a design defect, manufacturing defect, or inadequate warning. Product liability generally applies to the legal responsibility that a product’s designer, manufacturer, distributor, or retailer has towards consumers. The premise of the theory is that consumers have a right to safe and effective products.

Failure to warn claims involve situations where a consumer suffers injuries or dies because of an inadequate or missing warning. The claims can survive despite the product’s appropriate design and manufacture. Manufacturers must clearly warn consumers of any known or potential hazards associated with the product. Further, manufacturers must include instructions on how to use the product appropriately.

How Can Injury Victims Prove a Product Liability Claim?

Injury victims or their families must establish that the product contains a defect that makes it unreasonably dangerous, the defect was present when the product left the manufacturer, and the defect caused the victim’s injuries and damages. Companies must clearly convey the warning to customers. Courts will generally look to the totality of the circumstances when determining whether a warning was sufficient. However, it is essential to note that manufacturers do not need to warn consumers of apparent dangers. For example, a switchblade company does not need to warn customers that the blade is dangerous. However, a pharmaceutical company should warn consumers that taking a particular medication may impair their driving.

Washington, D.C. Hit-And-Run Penalties and Liability

July 31, 2021 | Lebowitz & Mzhen

All Washington, D.C. drivers must carry insurance while operating a vehicle and must remain at the scene of an accident so that the accident can be fully investigated. Under section 50-2201.05c of the D.C. Code, anyone who operates or is in physical control of a vehicle and knows or believes that the vehicle has been in a collision must immediately stop. The person is required to call 911 if another person needs medical attention, remain on the scene until law enforcement arrives, and provide identifying information to law enforcement and to any person who was injured, whose property was injured, or whose wild or domestic animal was injured.

Depending on the nature of the offense, a conviction for a first offense of leaving the scene of an accident may be subject to incarceration for up to 180 days and a fine of $1,000 for a first offense. Only if the driver’s personal safety is at risk is the driver able to leave the scene and can delay calling for help and notifying law enforcement.

How Can Accident Victims Recover After a Hit and Run Accident?

Victims injured in a hit-and-run crash may be able to use proof that the driver fled the scene of the accident in a civil lawsuit against the driver. A conviction for fleeing the scene or another offense may be useful in a civil lawsuit and may be admissible as evidence in court. A victim injured in a hit-and-run accident may be able to recover compensation from the driver for damages related to personal injuries, property damages, psychological suffering, and more. Fleeing the scene of an accident is illegal and is never a good idea. Even if a person manages to flee the scene of the accident, law enforcement generally puts significant effort into finding suspects, as one recent news report shows.

New Contributory Negligence Law in D.C. Offers More Protection to Scooter Riders

July 25, 2021 | Lebowitz & Mzhen

On any given day, the streets of Washington, D.C. are filled with the excitement of passing cars, e-scooters, and bicyclists, to name a few – all of whom are sharing the roads. Until recently, D.C. offered little protection to “vulnerable users” injured while traveling on the road. Washington D.C. is one of the four states that still abides by contributory negligence. Virginia, Maryland, Alabama, and North Carolina are the other three states following contributory negligence rules.

What Is Contributory Negligence?

In states with contributory negligence laws, individuals are barred from recovering compensation for their injuries in an accident if they contribute to causing the accident, even if they are only one percent at fault for the accident. Such laws have historically made it more difficult for individuals injured in accidents to receive compensation even when the other involved party has acted negligently. However, in December 2020, the D.C. Council passed a new law that offers more protection to vulnerable users of a public highway or sidewalk.